Understanding traffic infringements and offences in NSW

Here’s a look at the most common traffic offences in NSW, including potential defences that may help reduce the consequences.

Speeding offences

Speeding is one of the most prevalent traffic offences in NSW. It can result in hefty fines, the accumulation of demerit points and potential licence suspensions.  The penalties for speeding depend on several factors, such as:

• How many kilometres you were exceeding the limit by
• The type of licence you hold (e.g. Learner, Provisional or Unrestricted)
• Whether double demerits apply
• Whether the infringement is dealt with by way of penalty notice or in court
• Whether you were in a school zone

For more serious speeding offences, the police may immediately suspend your licence. This can happen if you exceed the speed limit by:

• More than 30km/h but not more than 45km/h above the speed limit (3-month suspension) and
• More than 45km/h above the speed limit (6-month suspension)

If you are caught speeding by a camera you will receive a fine in the mail. If you are caught by Police, they have the discretion to fine you on the spot, or send you an infringement in the mail. If you disagree with the infringement, you have the right to request a review or elect to take it to Court.

The below table outlines some of the maximum fines which can be imposed when your speeding ticket comes before a court:

Offence	Penalty Notice and Demerit Points	Court Maximum Fine	Licence Suspension
Not more than 10km/h	$136 and 1 demerit point.	$2,200	NA
More than 10km/h but not more than 20km/h	$285 and 3 demerit points	$2,200	NA
More than 20km/h but not more than 30km/h	$489 and 4 demerit points	$2,200	NA
More than 30km/h but not more than 45km/h	$1097 and 5 demerit points.	$2,200	3 months automatic.
More than 45km/h	$1,384 and 6 demerit points	$2,200	6 months automatic.

If the court is persuaded to deal with your case without a conviction, such as section 10 dismissal or a conditional release order without conviction, you will not lose any demerit points.

Use of mobile phones while driving

Using a mobile phone while driving is considered a serious traffic offence in New South Wales. Under the NSW Road Rules, it is illegal to:

• Hold your phone in your hand, even if you’re not making a call
• Enter or place anything into your phone, unless using voice control (e.g. Siri)
• Operate any function on your phone
• Turn your phone on or off
• Touch or hold your phone while looking at anything on it, including maps

However, there are exceptions depending on the type of driver’s licence you hold. For Learners and Provisional drivers, the rules are stricter. Not only are you prohibited from holding your phone or using it for any functions, but you also cannot use the phone hands-free (e,.g Bluetooth). This means:

• You cannot make or receive phone calls
• You cannot use your phone for GPS or any other functions
• The only exception is if you’re pulled over by the police and asked to show your digital driver’s licence, but you can only touch the phone once the officer asks for it

For unrestricted licence holders, the rules are more lenient. If your phone is securely mounted in a cradle fixed to the vehicle, you can:

• Make or receive audio phone calls
• Use GPS or other driver aids
• Control music or other audio functions

The penalties for using your mobile phone outside of these exceptions are outlined in the table below. These penalties apply whether the offence is detected by a camera or issued by a police officer.

Offence	Penalty Notice and Demerit Points	Court Maximum Fine	Licence Suspension
Using a mobile phone while driving	$410 and 5 demerit points	$2200 fine	Accumulating demerit points can lead to licence suspension.
Using a mobile phone while driving in a school zone	$455 and 5 demerit points	$2200 fine	As above

If you receive a penalty notice from Revenue NSW, you can request a review of the fine. If the penalty stands and it’s within 28 days of receiving the notice, you have the option to have the matter dealt with in the Local Court. The same process applies if you are issued an infringement by NSW Police.

Seatbelt violations

Wearing a seatbelt is mandatory in New South Wales for everyone in a vehicle. It is illegal for any person, driver or passenger, not to wear a seatbelt. Penalties and demerit points apply to drivers, including those driving taxis and ride-share vehicles, if they fail to wear a seatbelt or wear it incorrectly.

Additionally, drivers are responsible for ensuring their passengers are properly secured. If a passenger is not wearing a seatbelt correctly or is not in an approved child car seat, the driver can be fined. Passengers aged 16 years or older who fail to wear a seatbelt properly can also face fines from NSW Police.

Camera-based seatbelt enforcement (effective July 2024)

As of July 2024, camera-based technology will enforce seatbelt laws, using artificial intelligence to automatically review images and detect potential violations. These offences are then reviewed, and individuals found not wearing their seatbelt correctly will receive a penalty notice. Fines for these offences are as follows:

Offence	Penalty Notice and Demerit Points	Court Maximum Fine	Licence Suspension
Driver not wearing fitted approved seatbelt.	$410 and 3 demerit points	$2200 fine	Accumulating demerit points can lead to licence suspension.
Driver with 1 passenger not wearing a properly adjusted seatbelt	$410 and 3 demerit points	$2200 fine	As above
Driver with 2 passengers not wearing a properly adjusted seatbelt	$818 fine and 3 demerit points	$2200 fine	As above
Driver with 3 passengers not wearing a properly adjusted seatbelt	$1,318 and 6 demerit points	$2200 fine	As above
Driver with 4 or more passengers not wearing a properly adjusted seatbelt	$1,728 demerit points and 6 demerit points	$2200 fine	As above

Contesting seatbelt penalties

If you receive a penalty notice for not wearing a seatbelt and want to challenge it, you can request a review through Transport NSW. Alternatively, you can pay the fine and accept the demerit points, which may lead to a licence suspension depending on your demerit point history.

To avoid accumulating demerit points, you may elect to have the matter heard in court. This requires you to enter a plea of “guilty” or “not guilty.” If you’re found not guilty, the case will be dismissed. However, if you plead guilty, the only way to avoid demerit points and fines is if the court is persuaded to not impose a conviction, which would also avoid suspension of your licence. However, the court also has the power to increase the fine, noting the maximum available of $2,200.

Red light camera offences

Running a red light in New South Wales is a traffic offence that results in a $481 fine and the accumulation of 3 demerit points. A red-light offence occurs when a driver proceeds past the stop line while the traffic lights are red. Red light cameras are not activated if a vehicle crosses the intersection while the light is amber.

Typically, if you are caught by a red-light camera, you will receive a penalty notice by mail, along with the fine. You can download a copy of the digital image from the Revenue NSW website for reference. If you wish to dispute the fine, you can request a review from Revenue NSW. Alternatively, you may choose to contest the penalty in court. This process requires you to enter a plea of either “guilty” or “not guilty” to the offence, similar to other traffic offences such as speeding or seatbelt violations.

Offence	Penalty Notice and Demerit Points	Court Maximum Fine	Licence Suspension
Proceed through red traffic light (camera detected)	$544 fine and 3 demerit points	$2200 fine	Accumulating demerit points can lead to licence suspension.
Proceed through red traffic light – school zone (camera detected)	$682 fine and 4 demerit points	$2200 fine	As above

Drink driving offences

In New South Wales, drink driving is considered a serious offence. Police have the power to randomly stop drivers for breath testing. If the driver has a Blood Alcohol Concentration (BAC) of 0.05 or above, or if they are a provisional driver with any alcohol detected in their system, they can be arrested and required to undergo a breath analysis.

The breath analysis machine measures a driver’s BAC. If the BAC exceeds the legal limit for the driver’s licence type, a drink driving offence has been committed.

In New South Wales, the law defines specific categories, or “ranges,” for BAC levels, known as Prescribed Concentration of Alcohol (PCA) ranges. The higher the range, the more severe the penalties and disqualification periods. Additionally, there are other drink driving offences that do not rely on a specific BAC level, such as the offence of driving under the influence of alcohol.

DUI Offences

It is an offence to drive or attempt to drive a motor vehicle while under the influence of alcohol or any other drug. The offence of driving under the influence is slightly different to a drink driving offence. A person can be found guilty of DUI if they are proven to have:

• Driven a vehicle, or
• Occupied the driver’s seat of a vehicle and attempted to put the vehicle in motion, or
• Occupied the passenger seat of a car while a learner driver is driving.

Unlike drink driving offences, there is no need for evidence of a specific BAC. Instead, police can charge a person based on their observations — including the person’s driving behaviour, speech and other signs that suggest they are under the influence.

If someone is charged with DUI they will need to appear in court.  If a person is found guilty they risk fines of up to $3,300 and/or imprisonment for 18 months. If this is a second or subsequent serious traffic offence, these penalties increase to fines of up to $5,500 and/or imprisonment of up to 2 years. You can lower the impact of these penalties by preparing for your case with the guidance of a criminal and traffic lawyer.

Offence	Court Maximum Penalty	Licence Disqualification
Drive under the influence of alcohol or drugs – 1st offence	$3300 fine and 18 months imprisonment	Minimum disqualification of between 6 – 9 months, then an interlock licence.
Drive under the influence of alcohol or drugs – 2nd offence	$5,500 fine and 2 years imprisonment	Minimum disqualification of 9 – 12 months, then an interlock licence.

Driving unlicensed/suspended/disqualified

In New South Wales, driving while unlicensed, disqualified or suspended is a serious offence, often leading to significant legal consequences. Below is an overview of these offences:

Driving While Unlicensed

This offence applies when a person drives without a valid licence, but without their licence being suspended, cancelled, or disqualified.

Offence	Penalty Notice	Court Maximum Penalty	Licence Disqualification
Drive unlicensed – first offence	$1,045 fine	$2,200 fine	N/A
Drive unlicensed – second offence	N/A	$2,200 fine	Minimum 3 months Automatic 12 months

Driving While Disqualified

This occurs when a person drives during a period of licence disqualification. This is dealt with seriously by a Court and has the following maximum penalties:

Offence	Maximum Penalty	Licence Disqualification
Drive while disqualified – first offence	$3300 fine and 6 months imprisonment	6 months automatic and 3 months minimum.
Drive while disqualified – first offence	$5500 fine and 12 months imprisonment	12 months automatic and 6 months minimum.

Driving While Suspended

This offence occurs when a person drives after Transport for NSW has suspended their licence.

Offence	Court Maximum Penalty	Licence Disqualification
Drive suspended – second offence	$3300 fine and 6 months imprisonment	6 months automatic and 3 months minimum.
Drive disqualified – first offence	$5500 fine and 12 months imprisonment.	12 months automatic and 6 months minimum.

If you were unaware of your suspension, you may have a defence of honest and reasonable mistake of fact, which could lead to the charge being dismissed.

Removing a Disqualification

If your licence has been disqualified, you can apply to have the disqualification shortened or removed. The court will consider factors like whether you have completed an “offence-free period” and whether it is appropriate to lift the disqualification.

Police Suspension Notice

In specific circumstances (e.g., dangerous driving or high-range drink driving), police can issue an immediate suspension notice, which lasts until the matter is determined by a court. If you have your licence suspended, check out this article which explains what you can do.

Demerit Points and Licence Suspension

Accruing too many demerit points within a certain period may result in your licence being suspended. For unrestricted licence holders, if you accrue 13 demerit points you will have your licence suspended. However, you are entitled to seek a ‘good behaviour licence’. This places you on two points for a year. If you accrue two or more demerit points during this year your original suspension will double. E.g. if you were suspended for a 3 month period and whilst on a good behaviour licence accrued demerit two points, your licence would be suspended for 6 months.

If you are a Provisional driver and accrue too many demerits points, you can appeal the suspension to the Local Court.

If you find yourself facing any of these traffic infringements reach out to Morrisons for advice.