Drink Driving
Presence of Prescribed Concentration of Alcohol (PCA) in Blood or Breath Under section 110 of the Road Transport Act 2013, it is an offence to drive a vehicle while having a prescribed concentration of alcohol (PCA) in your blood or breath. Maximum penalty for unrestricted drivers driving Class A motor vehicles: Offence Infringement Notice Maximum Penalty that can be imposed by Local Court Automatic/Mandatory Licence Disqualification Interlock Period Low Range PCA – First Offence $682 fine $2,200 fine (maximum) Automatic: 6 months Minimum: 3 months Not Applicable Low Range PCA (Second offence +) Not applicable $3,300 fine (maximum) Without Interlock Device Automatic: 12 months Minimum: 6 months With Interlock Device Maximum: 3 months Minimum: 1 month 12 months (minimum) Mid Range PCA – First Offence Not applicable 9 months imprisonment and/or $2,200 fine (maximum) Without Interlock Device Automatic: 12 months Minimum: 6 months With Interlock Device Maximum: 6 months Minimum: 3 months 12 months (minimum) Mid Range PCA (Second Offence +) Not applicable 12 months imprisonment and/or $3,300 fine (maximum) Without Interlock Device Automatic: 3 years Minimum: 12 months With Interlock Device Maximum: 9 months Minimum: 6 months 24 months (minimum) High Range PCA – First Offence Not applicable 18 months imprisonment and/or $3,300 fine (maximum) Without Interlock Device Automatic: 3 years Minimum: 12 months With Interlock Device Maximum: 9 months Minimum: 6 months 24 months (minimum) High Range PCA (Second Offence +) Not applicable 2 years imprisonment and/or $5,500 fine (maximum) Without Interlock Device Automatic: 5 years Minimum: 2 years With Interlock Device Maximum: 12 months Minimum: 9 months 48 months (minimum)
Drug Driving
Drive motor vehicle with illicit drug present in oral fluid, blood or urine etc Under section 111 of the Road Transport Act 2013, a person must not, while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug, drive a motor vehicle, occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion or supervise a learner driver. Maximum penalty for unrestricted drivers driving Class A motor vehicles: Offence Infringement Notice Maximum Penalty that can be imposed by Local Court Automatic/Mandatory Licence Disqualification Drive vehicle with Illicit drug present in oral fluid, blood or urine (first offence) $682 $2,200 fine (maximum) Automatic: 6 months Minimum: 3 months Drive vehicle with Illicit drug present in oral fluid, blood or urine (second offence +) Not applicable $3,300 fine (maximum) Automatic: 12 months Minimum: 6 months Drive with PCA and Illicit Drug in System Under section 111A of the Road Transport Act 2013, a person must not drive a motor vehicle, attempt to drive a motor vehicle or accompany a learner driver, while there is present in the person’s breath or blood a prescribed concentration of alcohol and present in the person’s oral fluid, blood or urine a prescribed illicit drug. Maximum penalty for unrestricted drivers driving Class A motor vehicles: Offence Infringement Notice Maximum Penalty that can be imposed by Local Court Automatic/Mandatory Licence Disqualification Interlock Period Low Range PCA and Illicit Drug (with previous conviction of drink/drug driving offence) Not applicable 18 months imprisonment and/or $5,500 fine Without Interlock Device Automatic: 2 yearsMinimum: 18 months With Interlock Device Maximum: 3 months Minimum: 1 month 12 months (minimum) Mid Range PCA and Illicit Drug (first offence) Not applicable 18 months imprisonment and/or $3,300 fine Without Interlock Device Automatic: 2 yearsMinimum: 12 months With Interlock Device Maximum: 6 months Minimum: 3 months 12 months (minimum) Mid Range PCA and Illicit Drug (second offence +) Not applicable 2 years imprisonment and/or $6,600 fine Without Interlock Device Automatic: 4 yearsMinimum: 2 years With Interlock Device Maximum: 9 months Minimum: 6 months 24 months (minimum) High Range PCA and Illicit Drug (first offence) Not applicable 2 years imprisonment and/or $5,500 fine Without Interlock Device Automatic: 4 yearsMinimum: 18 months With Interlock Device Maximum: 9 months Minimum: 6 months 24 months (minimum) High Range PCA and Illicit Drug (second offence +) Not applicable 2 years imprisonment and/or $11,000 fine Without Interlock Device Automatic: 6 yearsMinimum: 3 years With Interlock Device Maximum: 12 months Minimum: 9 months 48 months (minimum)
DUI Offences
Use of Vehicle Under the Influence of Alcohol or Any Other Drug Under section 112(1) of the Road Transport Act 2013, a person must not drive a vehicle while under the influence of alcohol or any other drug to the extent that the driver is incapable of properly controlling the vehicle. Maximum penalty for unrestricted drivers driving Class A motor vehicles: Offence Infringement Notice Maximum Penalty that can be imposed by Local Court Automatic/Mandatory Licence Disqualification Interlock Period Drive Vehicle Under Influence of Alcohol (first offence) Not applicable 18 months imprisonment and/or $3,300 fine Without Interlock Device Automatic: 3 yearsMinimum: 12 monthsWith Interlock Device Maximum: 9 monthsMinimum: 6 months 24 months (minimum) Drive Vehicle Under Influence of Alcohol (second offence +) Not applicable 2 years imprisonment and/or $5,500 fine Without Interlock Device Automatic: 5 yearsMinimum: 2 yearsWith Interlock Device Maximum: 12 monthsMinimum: 9 months 48 months (minimum) Drive Vehicle Under Influence of Drugs (first offence) Not applicable 18 months imprisonment and/or $3,300 fine Automatic: 3 years Minimum: 12 months Not applicable Drive Vehicle Under Influence of Drugs (second offence) 2 years imprisonment and/or $5,500 fine Automatic: 5 years Minimum: 2 years Not applicable
Driving Whilst Suspended or Disqualified
Drive Motor Vehicle During Disqualification Period Under section 54(1) of the Road Transport Act 2013, a person must not drive a motor vehicle on a road if their license has been disqualified, suspended, or cancelled. Maximum penalty for unrestricted drivers driving Class A motor vehicles: Offence Infringement Notice Maximum Penalty that can be imposed by Local Court Automatic/Mandatory Licence Disqualification Drive motor vehicle during disqualification period (first offence) Not applicable 6 months imprisonment and/or $3,300 fine Automatic: 6 months Minimum: 3 months Drive motor vehicle during disqualification period (second offence +) Not applicable 12 months imprisonment and/or $5,500 fine Automatic: 12 months Minimum: 6 months Drive motor vehicle during suspension period (first offence) Not applicable 6 months imprisonment and/or $3,300 fine Automatic: 6 months Minimum: 3 months Drive motor vehicle during suspension period (second offence +) Not applicable 12 months imprisonment and/or $5,500 fine Automatic: 12 months Minimum: 6 months Drive whilst licence cancelled/refused (first offence) Not applicable 6 months imprisonment and/or $3,300 fine Automatic: 6 months Minimum: 3 months Drive whilst licence cancelled/refused (second offence +) Not applicable 12 months imprisonment and/or $5,500 fine Automatic: 12 months Minimum: 6 months
Speeding Offences
Speeding Offences Under the Road Rules 2014, a driver must not drive at a speed over the speed-limit applying to the length of road where the driver is driving. There are different penalties and disqualification periods specified under the legislation for different driving offences. Maximum penalty for unrestricted drivers driving Class A motor vehicles: Offence Infringement Notice Maximum Penalty that can be imposed by Local Court Demerit Points Double Demerits Automatic/Mandatory Licence Disqualification Exceed speed 10km/h and under $145 $2,200 fine 1 2 None Exceed speed 10km/h and under (school zone) $238 $2,200 fine 2 4 None Exceed speed 10km/h and over $334 $2,200 fine 3 6 None Exceed speed 10km/h and over (school zone) $429 $2,200 fine 4 8 None Exceed speed 20km/h and over $574 $2,200 fine 4 8 None Exceed speed 20km/h and over (school zone) $715 $2,200 fine 5 10 None Exceed speed 30km/h and over $1,097 $2,200 fine 5 10 3 months (minimum) Exceed speed 30km/h and over (school zone) $1,384 $2,200 fine 6 12 3 months (minimum) Exceed speed 45km/h and over $2,959 $3,300 fine 6 12 6 months (minimum) Exceed speed 45km/h and over (school zone) $3,141 $3,300 fine 7 14 6 months (minimum)
Negligent Driving
Negligent Driving Under section 117 of the Road Transport Act 2013, it is an offence to drive a vehicle negligently. Negligent driving involves operating a vehicle in a manner that falls below the standard of care expected of a competent driver. While negligent driving may result in bodily harm or death, this is not an essential element of all negligent driving offences. Maximum penalty for unrestricted drivers driving Class A motor vehicles: Offence Infringement Notice Maximum Penalty that can be imposed by Local Court Demerit Points Double Demerits Automatic/Mandatory Licence Disqualification Negligent driving (no death or grievous bodily harm) $544 $1,100 fine 3 3 Not applicable Negligent driving occasioning grievous bodily harm (first offence) Not applicable 9 months imprisonment and/or $2,200 fine Not applicable Not applicable Automatic: 3 years Minimum: 12 months Negligent driving occasioning grievous bodily harm (second offence +) Not applicable 12 months imprisonment and/or $3,300 fine Not applicable Not applicable Automatic: 5 years Minimum: 2 years Negligent driving occasioning death (first offence) Not applicable 18 months imprisonment and/or $3,300 fine Not applicable Not applicable Automatic: 3 years Minimum: 12 months Negligent driving occasioning death (second offence +) Not applicable 2 years imprisonment and/or $5,500 fine Not applicable Not applicable Automatic: 5 years Minimum: 2 years Drive recklessly, furiously or at speed or manner dangerous to public Under section 117(2) of the Road Transport Act 2013, a person must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public. Furious or reckless driving is a higher level of disregard for the safety of others than negligence. This offence includes driving in a way that poses a significant risk to the public, such as speeding excessively, swerving between cars in a dangerous manner or ignoring road conditions. Maximum penalty for unrestricted drivers driving Class A motor vehicles: Offence Infringement Notice Maximum Penalty that can be imposed by Local Court Demerit Points Double Demerits Automatic/Mandatory Licence Disqualification Drive recklessly/furiously or speed/manner dangerous (first offence) Not applicable 9 months imprisonment and/or $2,200 fine Not applicable Not applicable Automatic: 3 years Minimum: 12 months Drive recklessly/furiously or speed/manner dangerous (second offence +) Not applicable 12 months imprisonment and/or $3,300 fine Not applicable Not applicable Automatic: 5 years Minimum: 2 years