New South Wales Traffic Law
In New South Wales, there is a range of traffic offences that can result in demerit points, fines, licence suspension and terms of imprisonment. These are contained in the Road Transport Act 2013 and in the Crimes Act 1900.
Serious traffic offences
The more serious traffic offences in New South Wales will result in the offender having to appear in court. These include:
- driving while suspended
- driving on an expired licence
- driving an unregistered vehicle
- reckless driving
- negligent driving
- drag racing, and
- excessive speeding.
Driving while suspended
If you are convicted of driving on a suspended licence after a court-imposed suspension, you may receive a further two-year disqualification. Driving while suspended for unpaid fines, or loss of demerit points, will result in a further disqualification for a period of between three months and two years.
Other traffic offences
The offences of negligent driving, reckless driving, and furious driving will all result in a minimum disqualification of 12 months in New South Wales, as well as a fine of between $2,200 and $5,500, with a possibility of a nine-month to two-year term of imprisonment. The penalties may increase because of the circumstances of the offence, and your prior traffic history.
There are also heavy penalties for hoon offences which include doing burnouts, street racing, excessive speeding (45km or more over the limit), and being involved in a police pursuit. Doing a burnout can cost you $3,300 in fines, and loss of licence for 12 months. Being involved in a police pursuit will result in a three-year disqualification, and up to three years imprisonment. Police also have the power to immediate suspend your licence and confiscate your vehicle for these offences.
State Debt Recovery Office NSW
If a driver fails to pay a fine that resulted from an infringement notice or a court penalty for traffic offences in New South Wales, then the matter will be referred to the State Debt Recovery Office (SDRO). If you are fined in court, you can ask the magistrate to send the debt to the SDRO so a payment plan can be organised.
If you do not make payment arrangements with the SDRO, it has the power to suspend your driver’s licence, authorise a sheriff to seize and sell your belongings, or garnish your wages.
Another option is to ask the SDRO if you can participate in a Work and Development Order. This in an order that allows you to do unpaid community work to pay off your fines. There are strict criteria for eligibility for such an order, and the application must be mad eon your behalf by an approved organisation. The amount of work you need to undertake to pay your fines will depend on the activity. In some cases, unpaid work is equivalent to $30 for every hour worked.
If you suffer from alcohol or drug addiction and this was a factor in your offending, part of your fines may be able to be worked off by participating in courses or treatment to address these issues. Medical or mental health treatment plans or drug and alcohol treatment may reduce your debt by up to $1,000 per month.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Traffic legislation governing traffic laws in New South Wales
The Road Transport Act 2013 is the main legislation that governs traffic offences in NSW. This Act is supported by various regulations which include Road Transport (General) Regulation 2013, Road Transport (Driver Licensing) Regulation 2008, Road Transport (Vehicle Registration) Regulation 2007, and the Road Rules 2008.
Breaching these Acts and Regulations will result in you receiving either a traffic infringement or a Court Appearance Notice. Some traffic offences result in a fine and demerit point loss, while others can result in your licence being suspended or even a term of imprisonment.