Traffic Law in Australia

Home Traffic Law Traffic Law in Australia

Published in May 29, 2015 • Updated on Dec 23, 2022 • 2 min read • 3232 views

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Are you at risk of losing your licence due to a traffic law infringement, excessive speeding, or some other driving matter? If so, it is important to obtain expert legal advice on the penalties that may be imposed and how to maximise your chances of keeping your licence.

Your licence is important to you and your family, and not being able to drive may affect many aspects of your life. Our specialist traffic law solicitors will assess your situation and fight for the best possible result for you.

Whether you are thinking of challenging a traffic infringement or have been summonsed to appear in court, Go To Court Traffic Lawyers is here to help.

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Traffic offences

Traffic offences encompass everything from minor offences like failing to indicate or failing to keep left, to serious offences such as dangerous driving and driving while disqualified.

Traffic offences are dealt with in the Magistrates Court, or by way of an infringement notice.

Licences

In some states and territories, a person can apply for a restricted licence if they have been disqualified from driving from traffic offences but need to retain their licence for a particular purpose, such as employment or caring for children. A restricted licence carries conditions that the driver must only use their motor vehicle for the specified purpose and is otherwise suspended from driving for a stated period.

Some traffic offences are the result of failing to adhere to licensing laws. These include failing to abide by the restrictions that apply to a learner’s permit or probationary licence and failing to abide by the conditions of a motorcycle licence.

Traffic accidents

Both criminal and civil law issues may arise out of a traffic accident. An accident may lead to charges such as dangerous or careless driving, driving under the influence (DUI), or failing to stop after an accident. It may also result in charges of more minor traffic offences if there were defects in the vehicle involved. A traffic accident may also result in a compensation claim or even in civil law litigation where personal injuries are sustained.

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Penalties

A person may receive a fine by way of an infringement notice for a traffic offence, or they may be required to attend court and answer charges. Penalties for traffic offences range from small fines to several years imprisonment. Periods of disqualification from driving are also imposed in relation to some traffic offences.

A person who is found guilty of traffic offences or who receives an infringement notice for traffic offences will also receive demerit points for the offence. Demerit points are recorded against the driver’s licence. If the driver reaches the maximum number of demerit points allowed to be accrued within a given period in their state or territory, their licence will be suspended.