Fail to Give Particulars
Duties of a Driver Involved in a Crash Under rule 287 of the Road Rules 2014, a driver involved in a crash must give the driver’s required particulars, within the required time and, if practicable, at the scene of the crash, to any other person involved in the crash who is injured, or the person’s representative. Following a crash, a driver also has other obligations which can include stopping immediately, rendering assistance to others and providing a version of events to police. 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 Not give particulars to police/owner of damaged property/other driver/injured person $410 $2,200 fine 3 3
Use Mobile Phone While Driving
Using a mobile phone while driving Under rule 300 of the Road Rules 2014, the driver of a vehicle must not use a mobile phone while the vehicle is moving or stationary but not parked, unless phone is secured in commercial designed mounting, is not held in hand/resting on body or vehicle is emergency/police or driver is exempt under another law. If the mobile phone is in a holder, you may only touch or use it to make or answer calls, play music, pass the phone to a passenger, show a police officer your digital driver licence, or use a navigation or maps application. 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 Driver use mobile phone when not permitted $410 $2,200 fine 5 10 Driver use mobile phone when not permitted in school zone $544 $2,200 fine 5 10
Predatory Driving
Predatory Driving Under section 51A of the Crimes Act 1900, it is a criminal offence if the driver of a vehicle who, while in pursuit of or travelling near another vehicle, engages in conduct that causes or threatens an impact involving the other vehicle and intends by that conduct to cause a person in the other vehicle actual bodily harm. Maximum penalty for unrestricted drivers driving Class A motor vehicles: Offence Infringement Notice Maximum Penalty that can be imposed by Local Court Maximum Penalty that can be imposed by the District Court Automatic/Mandatory Licence Disqualification Predatory Driving (first offence) Not applicable 2 years imprisonment and/or $11,000 fine 5 years imprisonment Automatic: 3 years Minimum: 12 months Predatory Driving (second offence +) Not applicable 2 years imprisonment and/or $11,000 fine 5 years imprisonment Automatic: 5 years Minimum: 2 years
Police Pursuits
Police Pursuits Under section 51B of the Crimes Act 1900, it is a criminal offence if driver of a vehicle who knows or suspects that police officers are in pursuit of the vehicle and that the driver is required to stop and does not stop the vehicle, and then drives the vehicle at speed, dangerously or recklessly, is guilty of an offence. Maximum penalty for unrestricted drivers driving Class A motor vehicles: Offence Infringement Notice Maximum Penalty that can be imposed by Local Court Maximum Penalty that can be imposed by the District Court Automatic/Mandatory Licence Disqualification Police Pursuit and Drive at Speed (first offence) Not applicable 2 years imprisonment and/or $5,500 fine 3 years imprisonment Automatic: 3 years Minium: 12 months Police Pursuit and Drive at Speed (second offence +) Not applicable 2 years imprisonment and/or $5,500 fine 5 years imprisonment Automatic: 5 years Minium: 2 years Police Pursuit and Drive Dangerously (first offence) Not applicable 2 years imprisonment and/or $5,500 fine 3 years imprisonment Automatic: 3 years Minium: 12 months Police Pursuit and Drive Dangerously (second offence +) Not applicable 2 years imprisonment and/or $5,500 fine 5 years imprisonment Automatic: 5 years Minium: 2 years Police Pursuit and Drive Recklessly (first offence) Not applicable 2 years imprisonment and/or $5,500 fine 3 years imprisonment Automatic: 3 years Minium: 12 months Police Pursuit and Drive Recklessly (second offence +) Not applicable 2 years imprisonment and/or $5,500 fine 5 years imprisonment Automatic: 5 years Minium: 2 years
Other Traffic Offences
Other common driving offences Under the Road Rules 2014, a driver of a motor vehicle within New South Wales is required to follow various rules to ensure their safety, the safety of other road users and the safety of members of the public. Maximum penalty for common traffic offences committed by unrestricted drivers driving Class A motor vehicles: Offence Infringement Notice Maximum Penalty that can be imposed by Local Court Demerit Points Double Demerits Fail to stop at red light $544 $2,200 fine 3 3 Fail to stop at yellow light $544 $2,200 fine 3 3 Not stop at stop sign $410 $2,200 fine 3 3 Not give way at give way sign $410 $2,200 fine 3 3 Driver not wear seat belt properly adjusted/fastened $410 $2,200 fine 3 6 Driver with unsecured load $544 $2,200 fine 3 3 Not display P plates $320 $2,200 fine 2 2 Use unregistered vehicle $818 $2,200 fine Not applicable Not applicable Use uninsured vehicle $818 $5,500 fine Not applicable Not applicable
Driver Licence Appeals
Unrestricted (full) driver license holders: Unrestricted or ‘full’ driver licence holders are unable to appeal a driver licence suspension resulting from exceeding your demerit point limit (13 demerit points or 14 points for professional drivers). Unrestricted driver licence holders are only able to apply for a ‘Good Behaviour’ driver licence in these circumstances or comply with the suspension period. The good behaviour licence will enable you to continue to drive. If you elect for a good behaviour licence, the following conditions apply: If you need to take a Driver Knowledge Test, the good behaviour period will start after you have passed. If you do not pass before your suspension starts, all your licences will be suspended until you have passed. If you get 2 or more demerit points during the 12 months, all your licences will be suspended for double the original suspension period. After the 12 months, the demerit points on your suspension notice will be cleared from your licence, unless you: get 1 demerit point during the 12 months have other points not listed in your suspension notice. If these points take you over 13 demerit points, you may receive a new suspension notice after completing your good behaviour period. If an unrestricted licence holder receives a suspension from New South Wales police (section 224 of the Road Transport Act 2013) or Transport for New South Wales (section 59 of the Road Transport Act 2013) due to the type of offence committed, i.e. exceed speed 30km/h and over or 45km/h and over, this suspension can be appealed to the Local Court. For this type of appeal to be successful, the driver must show that there are ‘exceptional circumstances justifying a lifting or variation of the suspension’. Provisional Licence Holders If your provisional driver licence is suspended as a result of incurring 4 or more demerit points for a P1 driver (red P’s) and 7 or more demerit points for a P2 driver (green P’s), this suspension can be appealed. For this type of appeal to be successful, the driver must show, among another things, that they now have ‘sufficient driving ability and knowledge of road law’ and are ‘a fit and proper person to hold a driver licence’. This appeal must be filed online at online.registry.lawlink.nsw.gov.au or at any New South Wales Local Court registry. If a provisional licence holder receives a suspension from New South Wales police (section 224 of the Road Transport Act 2013) or Transport for New South Wales (section 59 of the Road Transport Act 2013) due to the type of offence committed, i.e. exceed speed 30km/h and over or 45km/h and over, this suspension can also be appealed to the Local Court. For this type of appeal to be successful, the driver must show that there are ‘exceptional circumstances justifying a lifting or variation of the suspension’.