LEARNER drivers can be supervised by drunks in Western Australia because of an embarrassing oversight the state government is urgently trying to fix.

But in the meantime police are powerless to fine anyone for such an offence.

In every state and territory except WA it is compulsory for novice drivers to be supervised by the holder of a full licence with either zero alcohol in their system or be below 0.05.

The WA minister for police and road safety, Liza Harvey, says the state is preparing to close the loophole — but government sources say the changes could take up to a year to be legislated.

“We are aware this anomaly exists in Western Australia and through the Office of Road Safety, in conjunction with the Novice Driver Review Working Group, the State Government is drafting legislation to address the issue,” Mrs Harvey said.

“It’s ridiculous that anyone would think being a supervisor while drunk is acceptable, and while nearly every supervisory driver is doing the right thing, for that absolute minority we will be sending the message that this is completely unacceptable, irresponsible and frankly stupid.”

However, WA police have confirmed they are powerless to fine a drunk supervisor of a learner driver.

A statement from WA Police said: “There is no limit at this time in WA for alcohol limit of supervising driver.”

When asked if there was another driving offence that drunk supervising drivers could be charged with, WA Police said: “At this time, nothing, as the responsibility remains with the driver.”

In NSW supervising drivers can be fined if they are distracted by talking on a mobile phone and the learner is found to have driven negligently.

In Victoria supervising drivers can be fined if the learner is caught speeding.

In WA it is, however, at least illegal for a learner driver to have any alcohol in their system, in line with every other state and territory.

But government sources were at a loss to explain why the road rules did not include a restriction on the alcohol limit of supervisors of learner drivers.

WA shadow minister for transport Ken Travers said: “I find this extraordinary and it needs to be addressed as a priority. A supervising driver needs to be alert so they can assist the learner driver to identify hazards and avoid accidents. The normal drink driving rules should apply to them as if they were the driver.”

This reporter is on Twitter: @JoshuaDowling