Home About Us Services
Business Services Personal Services
Our People Seminars Careers Contact Us

Traffic Law - Common Offences and Penalties

A List of Traffic Law Common Offences & Penalties

Traffic Law in NSW is a complex and an extensive system of Rules and Regulations. It is not uncommon for an individual charged with an offence under one piece of legislation to be sentenced by a penalty prescribed under different legislation. A summary of the most common offences and their penalties as at April 2011 are listed below:

Offence Penalty Type First Offence Second Offence
Drive with Novice Range PCA 0.00 to less than 0.02 * Maximum Fine $1,100 $2,200
Statutory Disqualification 6 Months 12 Months
Minimum Disqualification 3 Months 6 Months
Maximum Period of Imprisonment N/A N/A
Drive with Special Range PCA 0.02 to less than 0.05 * Maximum Fine $1,100 $2,200
Statutory Disqualification 6 Months 12 Months
Minimum Disqualification 3 Months 3 Months
Minimum Disqualification 3 Months 3 Months
Drive with Low Range PCA 0.05 to less than 0.08 * Maximum Fine $1,100 $2,200
Statutory Disqualification 6 Months 12 Months
Minimum Disqualification 3 Months 6 Months
Maximum Period of Imprisonment N/A N/A
Drive with Mid Range PCA 0.08 to less than 0.15 * Maximum Fine $2,200 $3,300
Statutory Disqualification 12 Months 3 Years
Minimum Disqualification 9 Months 12 Months
Maximum Period of Imprisonment 12 Months 12 Months
Drive with High Range PCA 0.15 and above * Maximum Fine $3,300 $5,500
Statutory Disqualification 3 Years 5 Years
Minimum Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 18 Months 2 Years
Driving under the Influence* Maximum Fine $2,200 $3,300
Statutory Disqualification 9 Months 3 Years
Minimum Disqualification 12 Months 12 Months
Maximum Period of Imprisonment 9 Months 12 Months
Negligent Driving Maximum Fine $1,100 $1,100
Statutory Disqualification 0 Months 0 Months
Minimum Disqualification At the Courts Discretion At the Courts Discretion
Maximum Period of Imprisonment N/A N/A
Negligent Driving Causing Grievous Bodily Harm (GBH) * Maximum Fine $2,200 $3,300
Statutory Disqualification 3 Years 5 Years
Minimum Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 9 Months 12 Months
Negligent Driving Causing Death* Maximum Fine $3,300 $5,500
Statutory Disqualification 3 Years 5 Years
Minimum Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 18 Months 2 Years
Drive in Speed or Manner Dangerous or Reckless or Furious * Maximum Fine $2,200

$5,500

Statutory Disqualification 3 Years 5 Years
Minimum Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 9 Months 12 Months
Street Racing Maximum Fine $3,300 $3,300
Automatic Disqualification 12 Months 12 Months
Maximum Period of Imprisonment N/A 9 Months
     
Drive while cancelled, suspended or disqualified Maximum Fine $1,100 $2,200
Statutory Disqualification 6 Months 12 Months
Minimum Disqualification 3 Months 3 Months
Minimum Disqualification 3 Months 3 Months
Drive while unlicensed Maximum Fine $2,200 $2,200
Statutory Disqualification 0 Months 0 Months
Minimum Disqualification At the Courts Discretion At the Courts Discretion
Maximum Period of Imprisonment N/A N/A
Drive while unlicensed - without holding a license for 5 years Maximum Fine $2,200 $3,300
Statutory Disqualification 0 Months N/A
Minimum Disqualification At the Courts Discretion N/A
Automatic Cumulative Disqualification N/A 3 Years
Refuse to provide a Breath Test Maximum Fine $1,100 $1,100
Statutory Disqualification 0 Months 0 Months
Minimum Disqualification At the Courts Discretion At the Courts Discretion
Maximum Period of Imprisonment N/A N/A
Refuse to provide a Blood or Urine Analysis * Maximum Fine $3,300 $5,500
Statutory Disqualification 3 Years 5 Years
Minimum Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 18 Months 2 Years
Refuse to submit a Blood or Urine Sample* Maximum Fine $3,300 $5,500
Statutory Disqualification 3 Years 3 Years
Minimum Disqualification 6 Months 6 Months
Maximum Period of Imprisonment 18 Months 2 Years
Failure to stop and render assistance after an accident * Maximum Fine $3,300 $5,500
Statutory Disqualification 3 Years 5 Years
Minimum Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 18 Months 2 Years

 

NSW Police RBT - Turnbull Hill Lawyers in NewcastleWhen a person appears before the Court for a Traffic Offence a copy of their NSW Criminal Record and NSW R.T.A. Traffic History is tendered to the Court by the Prosecution. If an individual has been convicted of a major traffic offence within the last five years they will be sentenced to the second offence penalty. If a person has been charged with the same offence or any other major offence and were convicted of that offence more than five years ago the second offence penalties will not apply and they will be sentenced under the first offence penalties.

The Statutory Disqualification period is the period that the Court will disqualify a person unless there are mitigating circumstances that would warrant a reduction in the disqualification period. If the Court finds mitigating circumstances are present, the disqualification period can be reduced but only to the minimum disqualification period.

The fines and periods of imprisonments noted above are the maximum amounts for each offence. The personal circumstances of the offender, the circumstances of the offence and the offender’s prior traffic and criminal history will all be relevant in determining what penalty will be imposed.

The Court is bound to impose a sentence pursuant to the guidelines above unless an individual is dealt with pursuant to section 10 of the Crimes (Sentencing and Procedure) Act. Commonly referred to as a Section 10 dismissal, even when a person has committed an offence and pleads guilty, the Court has the power not to convict the person and not to impose a disqualification period, fine and/or period of imprisonment. Since 1 December 2010 if an offender is dealt with pursuant to section 10 an individual will not lose any demerit points connected with the offence.

Traffic offences can be complicated and the punishments imposed can vary greatly depending on the representations made before a Court. There are many other factors relevant to Traffic Offences such as educational programs and testimonials that may be tendered in support of an offender that will have an impact on the penalty imposed.

If you have been charged with a traffic offence you should make an appointment with Matthew Carney as soon as possible after being provided with the Court Attendance Notice.  Matthew can be contacted on 1800 994 279 or send him an email.

Note:  Major Offences are marked with an *.  The above list does not include all Major Offences as prescribed by the Legislation and you should obtain legal advice immediately if charged with a traffic offence.


Author: Matthew Carney
Publications

Criminal

License Suspension Appeals to the Local Court

You can appeal against the suspension of your license if one of the following applies to you: Are you a provisional or learner licence holder and have Roads and Maritime Services (RMS) suspended your licence because you had too many demerit points? Have you been issued an infringement and suspension notice for speeding more than...

Read More ...

Character References: Everything You Need to Know

What is a Character Reference? A character reference is a legal document that describes one person’s opinion of another person's character. Character references are used to assist the Court in their decision making process. Character references are most commonly used in criminal law matters to help the Judge (in the Distr...

Read More ...

Police Powers to Search You, Your Car or Your Home

The following is a summary of police powers under the Law Enforcement (Power and Responsibilities) Act 2002 which governs police powers in executing searches of persons, their motor vehicles and their homes. The term "reasonable suspicion" is noted throughout the Law Enforcement (Power and Responsibilities) Act. The term "r...

Read More ...

Carrying Bicycles & Motor Vehicles

During the holiday periods couples and families often enjoy travelling with their bicycles for fitness and/or enjoyment. Unfortunately, many people are unaware of the strict requirements which have been placed on drivers when carrying a bicycle externally mounted to a motor vehicle. One of the most common methods of transporting bicycles i...

Read More ...

Lane Filtering Legalised for Motorcyclists From 1 July 2014

On 25 February 2014, Minister for Roads and Ports, Duncan Gay released a media statement confirming that from 1 July 2014 fully licensed motorcycle riders will be permitted to lane filter in an attempt to ease traffic congestion and improve safety for motorcyclists. Lane filtering is the practise whereby motorcyclists are allowed to filte...

Read More ...

| 1 2 3 4 5 6 | Next


Articles via RSS rss
Events
Blogs
"Roslyn, to me, is the ultimate professional. She took the time to explain everything to me, always got back to me, was always understanding and con...

J Baker

Home Bookmark Site Print Tell a Friend Contact UsLinked In Twitter Facebook enquiries@turnbullhill.com.au