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’.