Traffic offences and penalties

Transcription

1 Traffic offences and penalties (last updated March 201) VICTIMS OF CRIME ACT 2001 (SA) p 2 TIME LIMIT TO LAY COMPLAINTS p 2 MOTOR VEHICLES ACT 1959 (SA) p MOTOR VEHICLES ACT REGULATIONS 2010 (SA) p 9 CRIMINAL LAW (SENTENCING) ACT 1988 (SA) p 10 CRIMINAL LAW CONSOLIDATION ACT 195 (SA) p 10 ROAD TRAFFIC ACT 1961 (SA) p 11 AUSTRALIAN ROAD RULES (SA) p 22 ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 1999 (SA) p 42 ROAD TRAFFIC (HEAVY VEHICLE DRIVER FATIGUE) REGULATIONS 2008 (SA) p 4 ROAD TRAFFIC (ROAD RULES-ANCILLARY AND MISCELLANEOUS PROVISIONS)REGULATIONS 1999 (SA) p 50 Page 1

2 In this penalty summary document Maximum penalties are noted unless stated otherwise. A levy is an addition to any penalty and is charged under the Victims of Crime Act 2001 (SA). In addition to any fine, and the victims of crime levy, court costs and administrative charges are payable which will vary depending on the number of charges. VICTIMS OF CRIME ACT 2001 (SA) VICTIMS OF CRIME (FUND AND LEVY) REGULATIONS 200 (SA) Victims of Crime Levy as of March 201: Expiated offence $60 Summary offence $160 Indictable offence $260 Payable by youth $100 or $180 (per offence) TIME LIMITS TO LAY COMPLAINTS s 52 SUMMARY PROCEDURES ACT 1921 (SA): 52 Limitation on time in which proceedings may be commenced (1) Subject to any provision of an Act to the contrary, if a person is to be prosecuted for a summary offence, the proceedings must be commenced within the following time limits: (a) in the case of an expiable offence (i) if an expiation notice was given to the person the proceedings must be commenced within 6 months of the expiry of the expiation period specified in the notice; (ii) if an expiation notice was not given to the person the proceedings must be commenced within 6 months of the date on which the offence is alleged to have been committed; (b) in the case of an offence that is not expiable the proceedings must be commenced within 2 years of the date on which the offence is alleged to have been committed. (2) For the purposes of subsection (1), an expiation notice is to be taken into account despite its subsequent withdrawal except if the notice of withdrawal specifies that it is withdrawn because (a) the issuing authority has received a statutory declaration or other document sent to the authority by the alleged offender in accordance with a notice required by law to accompany the expiation notice or expiation reminder notice; or (b) it has become apparent that the alleged offender did not receive the notice until after the expiation period, or has never received it, as a result of error on the part of the authority or failure of the postal system, (in which case the withdrawn expiation notice is to be disregarded). Page 2

3 MOTOR VEHICLES ACT 1959 (SA) Registration Section Offence Gaol Licence Fine EXP. Demerit 7(7) Contravening/fail to comply with condition to which the delegation is subject (Registrar of Motor Vehicles and deputy registrars) 2 years - $10, (1) Drive unregistered (see also uninsured s.102) - - $25-9() Unregistered vehicle found standing on a road - - $25-12(2c) 12B() Drive agricultural machine on road without registration/insurance and fails to provide public liability insurance - - $ Fail to produce evidence of public liability Insurance - - $ (9) Fail to carry permit allowing vehicle to be - - $750 $119 - driven without registration 16(11) Contravene permit requirements - - $750 $99-2A Sell motor vehicle without report lodged - - $ (2) Misuse of vehicle reg. at reduced fees - - $ (2a) 4A() 4A(7) Contravene/fail to comply with condition of registration - - $ Causing or permitting unregistered heavy vehicle to be driven on road - - $2,500 $25 - Failing to carry temporary configuration certificate in vehicle or to produce it for inspection by police officer or authorised officer - - $250 $49-44(4) Fail to notify of modifications etc. - - $ (4a) Fail to comply with notice under sub-s (1a) - - $ Drive without number plate - - $5000 $601-47(1) Duty to carry number plates - - $5000 $601-47(1a) Registered owner/operator contravening duty to carry number plates - - $5000 $601 47A(7) Display improper plate - - $5000 $601-47B(2) Sell/supply number plate without authority - - $5000 $601-47C() Failing to comply with direction of Registrar to return number plates - - $5,000 $272-47D(1)(a) Drive bearing number plate not allotted to vehicle - - $5000 $601-47D(1)(b) Drive bearing defaced/mutilated number plate - - $5000 $601-47D(1)(c) Drive bearing colourable imitation of number plate - - $5000 $601-47D(1)(d) Possession of number plate or resemblance 47D(2) without lawful excuse - - $5000 $601 - Registered owner/operator contravening duty Page

4 to carry legible number plates - - $5000 $601 48(1b) Failure to destroy previously issued label $250 48() Drive on road with heavy vehicle without 48(a) Registration label - - $750 $119 - Registered owner/operator fail comply with directions at to reg. label - - $750 $119 52() Failure to return or destroy reg. label - - $ Drive invalid/ imitation/ altered reg. label - - $750 $116-5(1)(a) Drive vehicle with reg label or permit that is no longer in force or issued in respect to another vehicle - - $750 $116-5(1)(b) Drive vehicle with reg label or permit that has been defaced/altered/mutilated - - $750 $116-5(1)(c) Drive vehicle with colourable imitation of reg. label or permit - - $750 $116-5(1)(d) Possess resemblance of reg. label or permit 5(1a) without lawful excuse - - $750 $116 - Registered owner/operator contravening duty to hold valid reg. label or permit - - $750 $ Fail to notify within 7 days of selling of vehicle or fail to give reg. papers to buyer - - $1250 $ Where reg papers given to buyer fail to sign or notify within 7 days - - $ (2) Improper use of General Traders Plates Driver & Owner of the T/P each liable - - $1250 $116-70(2) Fail to surrender Traders Plates - - $ (1) Not notify w/in 7 days of acquisition of T/Plates - - $ B(2) Failure to return replacement plate, certificate or label upon finding original - - $250 $116 71H(4) Driving w/out speeding limiting device (heavy vehicle) A(2) Acting as qualified supervising driver while drunk/drug- - $1250 $26 Licences Section Offence Gaol Licence Fine EXP. Demerit 74(1) Drive without appropriate licence - - $1250 $41-74(2) Drive without licence (never authorised) - - Subsequent offence 1 yr - $ (2a) Drive without licence having served disqual for 1 yr $5000 n/a - 75AA serious drink driving offence If obtain interstate licence S.A. licence may be cancelled If obtain S.A. licence, interstate licence may be cancelled (person is given choice) (must be surrendered) Page 4

5 Learners Permit Section Offence Gaol Licence Fine EXP. Demerit 75A(14) Contravening conditions of learner s permit - - $1250 $17 75A(15) Drive motor bike or vehicle without L plates - - $1250 Various - 75A(16) Must not exceed 100 kph - - $ Driver Impairments Section Offence Gaol Licence Fine EXP. Demerit 80(5) Contravene condition or restriction of temporary driving permit -- $ (4) Contravene endorsed condition ( pursuant s.81) - - $1250 $17 - Provisional Licences Section Offence Gaol Licence Fine EXP. Demerit 81A(5) Contravene condition of probationary license - - $ A (1) Contravening condition of provisional license - - $1250 $17 81A(14) Must not exceed 100 km/h - - $ (15)(a) Driving motor bike with no P plate - - $1250 $17 (15)(b) Driving with only 1 P plate - - $1250 $185 (16) Must not drive high powered vehicle - - $1250 $17 - Probational Licences (applied for after a period of disqualification) 81AB(5) Contravening condition of probationary license - - $ 1250 $17-81AB(1)(a) must carry licence $ 1250 $250-81AB(1)(b) 0.0 alcohol $ 1250 $250-81AB(1)(c) incur 2 or demerit points $ 1250 $250-81AB() minimum period of 12 mths or more if ordered by court 81AB(a) if Interlock scheme, further condition to carry P plates $ B(2) Breach Provisional, Learner or Probationary conditions or incur 4 or more demerit points (learner and provisional, licence disqualified 6 months or remain period of drink driving disqualification if longer) Cannot appeal within 12 months of previous appeal under this Section - min 6mths B((a) Fail to attend lecture - - $750 $101-81B(6) Appeal against disqualification on ground of undue hardship. If appeal successful: if under 20 - additional 6 months of previous conditions any other case - 12 months of prov / prob. conditions 81B(10) If appeal lodged, disqualification and cancellation are suspended 81B(11) No further appeal within 12 months of previous appeal 81H(1) Contravening conditions of mandatory alcohol interlock scheme H(2) Assisting holder of alcohol interlock scheme to operate vehicle 82 Registrar may refuse to issue, cancel or suspend licence or permit or impose conditions where person Page 5

6 has prior traffic offences and necessary to prevent accident or re-offending 8 If disqualified or suspended interstate, licence cancelled or suspended in SA 91(5) Drive susp./ disq. court may disq. or fine 6 mths n.p. n.p. - - subsequent offence 2 years n.p. n.p. - - Produce Licence Section Offence Gaol Licence Fine EXP. Demerit 96(1) Fail to produce lic. forthwith or within 48 hours - - $1250 $170 - () Falsely claim to hold particular licence - - $ (1) Fail to produce licence in court - - $ A() Foreign or interstate licence holder fail to carry lic. at all times/ fail to obtain SA licence - - $1250 $170-98AAA(1) Fail carry lic. driving heavy veh. Defence if within 80 kms of drivers farm and outside metro Adelaide - - $1250 $170 - Driving Instruction Section Offence Gaol Licence Fine EXP. Demerit 98AA Driving instruct. must carry licence at all times - - $ AAB Fail to carry learners, provisional or probationary licence - - $1250 $170-98AAD Possess falsely obtained licence/learner s permit 98AAE unlawful alteration/damage to licence/learner s permit void 98AAF Duty to notify Registrar of illness that may impair driving - $ A Accept fee etc. to teach person to drive without current motor driving instructor's licence - - $ Demerit Points Section Offence Gaol Licence Fine EXP. Demerit 98B() If convicted of 2 or more offences, only incur demerit points for the offence that attracts the most points 98(4) If offence is trifling, court may reduce or not award any points 98BB Interstate points are included 98BC Within yrs incur 12 or more demerit points -, 4 or 5 mths 98BE(1) disqualification takes effect 28 days after day specified in notice 98BE(2) If already disqualified, disqualification period starts at the end of prior disqualification 98BE() If appeal against offence, disqualification inoperative until appeal heard 98BE(5) Upon disqualification, all demerit points are removed 98BH Court must not take demerit points into account in determining penalty Tow Trucks Section Offence Gaol Licence Fine EXP. Demerit 98D Operate t/t within pres area w/out cert. - - $ H Breach conditions of T/T cert. - - $ Page 6

7 98K Temp T/T cert. Breach - - $ L Failure to comply form of cert - - $ MA Failure to return cert - - $ MC Employer fails to give notice to reg. and/or allow unlicensed operator of tow truck - - $ MD Attend MVA w/out cert./ direction to attend - - $10, MD(4) Fail to leave scene of MVA - - $ ME Remove veh not accord with Act - - $10, ()(4)(5) not use shortest route/interfere/ alter - - $ (7)(9)(12)breach authority, breach police directions - - $ (1)(14) Driver/Op fail to complete, lodge & retain auth - - $ MF/MG Store veh. other than at reg. premises - - $ MH Solicit to store, wreck/ repair/ quote w/in 12 hrs of - - $ MV accident MI/MJ Fail when paid to give vehicle to owner/ accident spotting(tow trucks). - - MK Repairing, storing, quoting vehicle illegally - - $10, ML Fail attach cert. to uniform/prod cert. forthwith - - $ N Contravention trade plates T/T - - $ O Unauthorised person in truck - - $ P(4) Assault, hinder, refuse or fail answer truth to inspector - - $20,000 (4a) Abuse threaten, insult language to inspector - - $ PA Fail attend/produce inform. when req. by Inspt Disabled Parking Section Offence Gaol Licence Fine EXP. Demerit 98U Falsely use disabled persons parking permit - - $ V Fail return disabled parking permit on demand - - $ Third Party Insurance Section Offence Gaol Licence Fine EXP. Demerit 99A(7) rd ppi conc holder must advise of change in circumstances affecting eligibility - - $ A(8)(a)Insurance remains in force 0 days after rego expires (1) Drive Uninsured vehicle - - $5000 $ (2) Uninsured motor vehicle standing on a road - - $5000 $601 - Under s.99a(8)(9, ins has 0 day grace period after expiry of registration. 12 mths to initiate drive uninsured proceedings. See also s.9 drive unregistered, also s.62b CLCA if fine default. 110(8) Fail to give name etc of personal injury insurer - - $ (2) Fail notify ALLIANZ as soon as prac of MVA (time, place, circ, name/add of injured and witnesses) mths - $ (a) Fail to cooperate with insurer - - $ (4) Fail give notice of claim to ALLIANZ as soon as prac - - $ (5) Fail produce on demand lic, ins cert. to ALLIANZ - - $ (6) False or misleading info to prescribed people 12 mths - $ (6a) False or misleading info to insurer 12 mths - $ A(1) Recklessness, DUI or PCA (.15 or more) ALLIANZ may recover monies paid (2) Other breach of Ins. conditions ALLIANZ may recover such proportion of monies paid as is just. Page 7

8 124AB Insured who is more than 25% liable must pay an excess of $00 127(9) Charge over prescribed amount for medical services to a person with injury from vehicle - - $ (2) Does not comply with notice for information - - $ () failure of insurer to give information to minister upon request or furnish false information $ Person acting on injury claim illegally - - $ Supplementary provisions. Section Offence Gaol Licence Fine EXP. Demerit 15 False or misleading statements etc pursuant to MVA (see also s8 RTA) 6 mths - $ A Give or receive bribe etc pursuant to administration of MVA 6 mths (1) Fail to notify change of address within 14 days - - $1250 $167 - (2) Duty to notify address (business ) - - $1250 $167-16(2a) Fail to notify change of business address - - $1250 $167 16(2b) Duty to notify change (garage address) - - $1250 $167 - (2c) Duty to notify change of operator - - $1250 $167 - (2d) Fail to notify change of postal address - - $1250 $ Fail to truly answer re use of vehicle with Traders Plates or concession registration - - $ A Failure to provide evidence of design etc of motor vehicle $ Obligation to provide information - - $ B Effect of dishonoured cheques - - $ Contravention code of practice for MV examiners - - $ BA Fail to produce licence or permit to Registrar following disq. - - $ D Breach confidentiality (administration) - - $ G Inspector uses offensive language or hinders/obstructs/ uses/threatens to use force $ Person who causes or permits contravention Time Limit of MV Act 1959 is also guilty of that offence - - liable to penalty ** expiation fee will be that prescribed for the expiable offence for that offence ** Limitation of time for bringing proceedings under M.V. Act 1959 is 2 years from the date on which the offence is alleged to have been committed. Expiable offence within the time limits prescribed by the Summary Procedure Act See Above. Page 8

9 MOTOR VEHICLES ACT REGULATIONS 2010 Section Offence Gaol Licence Fine EXP. Demerit 9(2) Driving self-propelled elevating work platform Without registration or insurance and does No provide proof of public liability insurance - - $ (1) Possess/display imitation traders plate - - $ (2) Sell/supply trade plates without Minister s approval - - $ (1) Drive vehicle with number plate obscured - - $41-6(4) Drive vehicle with bike rack number plate obscured - - $41-45(9) Failure to carry/produce licence when driving - - $ motor home 50(2) Drive vehicle with L plates if not learner driver - - $ (2) Drive vehicle with P plates if not holder of provisional/ - - $ probationary licence 55C Surrender certificate of exemption for high Powered vehicle certificate - - $ D Comply with certificate for high powered vehicle Exemption - - $ E Failure to carry or produce certificate of exemption - - $1250 $185 - while driving a high powered vehicle 55F Produce certificate for high powered vehicle Exemption - - $ G False or misleading evidence/statement to Receive high powered vehicle exemption certificate - $ H Possession of altered/damaged certificate for high Powered vehicle exemption - - $ Failure to notify Registrar of written-off vehicle etc -- in course of trade or business in any other case - - $1250 $ Drive written-off vehicle on road -- in course of trade or business in any other case - - $1250 $275-81A(16) Holder of P1 or P2 licence under age of 25 driving $250 - high powered vehicle 91 Alter, deface or destroy permit or label - - $ Page 9

10 CRIMINAL LAW (SENTENCING) ACT 1988 (SA) Section Offence Gaol Licence Fine EXP. Demerit 70E Debtors driver's licence may be suspended for 60 days to take effect 21 days from the day the order was made - 6 mths F Restrictions on conducting business with Reg of MV exemptions - transfer rego from debtor, renew rego where joint owner CRIMINAL LAW CONSOLIDATION ACT 195 (SA) Section Offence Gaol Licence Fine EXP. Demerit 19A(1) Death by dangerous driving 1st offence (basic) 15 yr 10 yr min n.p st offence (aggravated) Life 10 yr min Not a motor vehicle/vessel 7 yr 19A() 19A() 19AB 19AB Grievous injury by dangerous driving 1st offence (basic) 15 yr 10 yr min n.p st offence (aggravated) Life 10 yr min n.p - - Injury by dangerous driving of motor vehicle 1st offence (basic) 5 yr 1 yr min n.p st offence (aggravated) 7 yr yr min n.p - - Not a motor vehicle/vessel 5 yr - n.p. - - Leaving Acc scene death/harm 1 st offence 15yrs 10 yr min Subsequent offence Life 10 yr min Not a motor vehicle/vessel 7 yrs Leaving Acc scene minor 1 st offence 5 yrs 1 yr min Subsequent offence 7 yrs yr min Not a motor vehicle/vessel 5 yrs 19AC 19AD Driving to escape police Basic offence yrs 2 yr min Aggravated offence 5 yrs 2 yr min Street Racing Basic Offence yrs 1 yr min Aggravated/subsequent offence 5 yrs yr min Illegal use/interference. 86A 1st offence 2 yrs 12 mth min n.p - - subsequent (any period) mth min/ 12 mth min n.p yrs max Subsequent Offences Any prior offence of causing death or grievous injury may be considered in determining a subsequent offence. Self induced intoxication (alcohol or drugs) does not provide a defence on basis of mental element except where drug is supplied on prescription and consumed in accordance thereof. Page 10

11 ROAD TRAFFIC ACT 1961 (SA) Section Description of offence against Act Gaol Licence Fine Exp. Demerit 21(1) Offences relating to traffic control devices mths (9) Disobey police special occasion Hinder Highways Inspector Fail to truly answer police/inspector as to ID of owner or driver see also s. 15 MVA Return of identification cards H(5) 40I(2) 40J() 40K(5) Other S.40 Engaging in conduct in contravention of direction of authorised officer or police officer to stop vehicle, or not move it, or not interfere with vehicle or its equipment or load if direction relates to heavy vehicle if direction relates to vehicle other than heavy vehicle Except 40I (2)(a) Except 40X, 40 Y (2) Failing to comply with direction of member of police force G Embargo Notices M Obstructing/hindering authorised officers/police 41N Impersonating authorised officers (1) Failing to stop and give assistance immediately after accident involving injury or death 5 yrs 645 min 12mths A Procuring use of a vehicle by fraud 6 mths B Misuse of Motor Vehicle 4 45 Driving without due care or attention, etc. For a basic offence For an aggravated offence A - 12 mths - min 6 mths Excessive speed (over 45Klm) 1 st offence 6 mths Page 11

12 Subsequent offence (within 5 yrs) If vehicle being driven is a road train driven on prescribed road In any other case 46 Reckless and dangerous driving Subsequent offence (within 5 yrs) 2 yrs 12 mths yrs min 2yrs Driving under influence First offence mths min mths 1600 Subsequent offence 6 mths min years 2900 Where vehicle is not a motor vehicle, eg bicycle 47B Driving whilst having prescribed concentration of alcohol in blood Category 1 offence to Min First offence - Category 1 offence to Second offence - Category 1 offence to Third offence - Category 1 offence to Subsequent offence mths min 6 mths Min 9 mths min 12 mths Category 2 offence 0.08 to First offence - Category 2 offence 0.08 to Second offence - Category 2 offence 0.08 to Third offence - Category 2 offence 0.08 to Subsequent offence - Category offence 0.15 over First offence - Category offence 0.15 over Second offence - Category offence 0.15 over Third offence - Category offence 0.15 over Subsequent offence - min 6mths Min 12 mths Min 2 yrs Min 2 yrs min 12mths Min yrs Min yrs Min yrs BA Driving with prescribed drug in oral fluid 52 Page 12

13 or blood First offence Second offence Third offence Subsequent offence 47E(2a) Failing to comply with subsection 2 direction 47E() Refusing or failing to comply with direction of a member of police force in relation to alcotest or breath analysis (First Offence) - min 12 mths (Subsequent Offence) - Min yrs EAA(4) Failing to comply with subsection direction (drug screening test/oral fluid analysis and blood test) 47EAA(9) 47I(14) 47IA 47J Refuse/fail to comply with drug screening test/oral fluid analysis and blood test -First Offence -Subsequent Offence - - Min mths 4 Min 6 mths Min 12 mths Min yrs Refusing or failing to comply with request to submit to taking of sample of blood involved in accident (First Offence) - min mths 1600 (Subsequent Offence) - min yrs In any other case Failing of certain offenders to attend lectures Alcoholic assessments If person convicted of a prescribed offence (ss.47(1),47b (not offence),47e or 47I) committed in the prescribed area (Adelaide metro. area) within years of a previous prescribed offence (dates - commission to commission), the Court must before imposing penalty order an alcoholic assessment. If offender is assessed as being alcohol dependent the Court must disqualify the offender until further order. The offender cannot re-apply for a licence until (1) waiting the minimum disqualification period for the offence and (2) first obtaining an alcoholic assessment stating that the offender is no longer alcoholic dependent. 6 Page 1

14 5B(1) 79B First Offences s.47 Lesser disq. only if 1st offence and trifling (1 month min) Second Offences s.47 2nd offence if a previous offence under ss47(1), 47B(1), 47E(), 47I(14) within 5 years (commission to commission). Presumption s.47b(2) If BA within 2 hours, presumed to be alcohol level at time of offence. Under section 47G, no evidence can be called to rebut presumption except blood sample. Trifling Lesser disqualification if 1st offence and trifling (1 month min.) Selling radar detector or jammer or storing or offering radar detector or jammer for sale Evidence from photographic detection device suggests motor vehicle involved in incident Red light/ speeding offence (body corporate) If speeding by less than 10kph by 10 kph or more but less than 20kph by 20kph or more but less than 0kph by 0 kph or more Red light/ speeding offence (private) If speeding by less than 10kph by 10 kph or more but less than 20kph by 20kph or more but less than 0kph by 0 kph or more 5000 Amount equal to sum in alleged offences Amount equal to sum in alleged offences In any other case (body corporate) 4000 Amount equal to sum in alleged offences + 00 In any other case (private) 000 Amount equal to sum in alleged offences 79C Interfering with photographic detection devices mths 82(1) Speeding while passing school bus 2500 Exceeding the speed-limit while passing a school bus by less than 10 kph by 10 kph or more but less than 20 kph by 20 kph or more but less than 0 kph By more than 0 kph If red light (1)(a) Speeding past an emergency vehicle Page 14

15 Exceeding a safe speed and in any event no more than 40 km/h while passing an emergency vehicle with flashing lights by less than 10 kph by 10 kph or more but less than 20 kph by 20 kph or more but less than 0 kph By more than 0 kph (1)(b) Speeding past an emergency vehicle (40) Exceeding lesser speed required to avoid endangering person while passing an emergency vehicle 8A(1) Standing, etc. or placing goods or sign on carriageway, dividing strip or traffic island 90 for purpose of soliciting business, etc A(2) Buying or offering to buy goods from person standing, etc. on carriageway, etc. 90 in contravention of rule 8A(1) (2) Leaving stationary vehicle in prohibited area near Parliament House, etc. without authority Walking without due care or attention etc () Failing to comply with direction of ferry operator 95 Riding on vehicle without consent of driver 99A Bicycle rider riding on footpath or other road-related area failing to give warning to pedestrians etc B(1) Riding wheeled recreational device or wheeled toy without due care or attention etc B(2) Riding wheeled recreational device or wheeled toy on footpath or other road-related area abreast of another vehicle etc B() Riding wheeled recreational device or wheeled toy on footpath or other road-related area without giving warning to pedestrians etc Driving, drawing, hauling, dragging over road any implement, sledge, etc (1) Depositing certain articles or materials on road Page 15

16 110 Failing to keep whole of vehicle on sealed 90 surface when driving on sealed road C(1) Manufacturing a motor vehicle or trailer without a vehicle identification plate C(2) Selling or offering for sale a motor vehicle or trailer without a vehicle identification plate In the course of trade or business In any other case In the case of an alleged offence not 26 committed in course of trade or business C() Driving vehicle not bearing ID plate C(5) Knowingly displaying a false vehicle identification plate 2 yrs C(6) Knowingly displaying a false vehicle identification number 2 yrs C(8) 110C(9) 110C(10) 110C(11) 110C(12) Removing, altering, defacing, obliterating a vehicle identification plate 12 mths Manufacturing or selling a vehicle identification plate without the approval of the Minister Being in possession of a vehicle identification plate without reasonable excuse Placing, removing, altering, defacing a number on an engine block, other than the original allotted number Placing, removing, altering, defacing a number on a chassis of a motor vehicle or trailer, other than the original allotted number 12 mths mths mths 12 mths 116 Meaning of breach of vehicle standards 117 Breach of vehicle standards (liability of 2500 driver) 117(1) Disobey rule 155 vehicle standards Any other contravention of section 117(1) 118 Breach of vehicle standards (operator) (1) Disobey rule 155 vehicle standards Any other contravention of section 118(1) Meaning of breach Mass, dimensions etc 12 Breach of Mass etc (liability of driver) (1) Minor risk breach involving heavy vehicle Minor risk breach involving vehicle other than heavy vehicle Page 16

17 Substantial risk breach involving heavy vehicle Substantial risk breach involving vehicle other than heavy vehicle Severe risk breach involving vehicle other than heavy vehicle 124 Breach of Mass etc (operator) 124(1) Minor risk heavy vehicle -natural person -body corporate Minor risk involving vehicle other than heavy vehicle Substantial risk involving heavy vehicle -natural person -body corporate Substantial risk breach involving vehicle other than heavy vehicle Severe risk involving vehicle other than heavy vehicle Liability of consignor 125(2) Heavy vehicle minor risk Natural person Body corporate Heavy vehicle substantial risk Natural person Body corporate 125(4) Consignor Natural person Body corporate 126(2) Liability of packer Heavy vehicle minor risk Natural person Body corporate Heavy vehicle substantial risk Natural person Body corporate 126(4) Liability of packer Natural person Body corporate 127(2) Liability of loader Heavy vehicle minor risk Page 17

18 Natural person Body corporate Heavy vehicle substantial risk Natural person Body corporate 128(2) Consignee liability Heavy vehicle minor risk Natural person Body corporate Heavy vehicle substantial risk Natural person Body corporate Penalty range for above breaches when it involves driving a heavy vehicle (SEPARATE TABLE, IGNORE GAOL AND LICENSE HEADINGS.) OFFENCE Offence involving minor risk breach of mass, dimension or load restraint requirement (not being offence against section 128) Offence involving substantial risk breach of mass, dimension or load restraint (not being offence against section 128) Offence involving severe risk breach of mass limit (not being offence against section 128) Penalt y if first offenc e by natural person agains t provisi on concer ned Penalty if subseq uent offence by natural person against provisio n concern ed for each additio nal 1% over 120% for each additiona l 1% over 120% Penalty if first offence by body corporat e against provisio n concern ed Penalty if subseque nt offence by body corporate against provision concerne d for each additiona l 1% over 120% for each additional 1% over 120% overload; Page 18

19 Any other offence involving severe risk breach of mass, dimension or load restraint requirement (not being offence against section 128) Offence against section 125(4), 126(4) or (2) Penalty against the subdivision when it is not a heavy vehicle (a) in the case of an offence involving a minor risk breach of a mass, dimension or load restraint requirement (b) in the case of an offence involving a substantial risk breach of a mass dimension or load restraint requirement overloa d overload; min min for each additiona l 1% over 120% overload min min 200 for each 1% over 120% overload (c) in the case of an offence involving a severe risk breach of a mass, dimension or load restraint requirement 15() Responsible entity failing to provide operator/driver of heavy vehicle complying container weight declaration relating to freight container offered for transport by vehicle -natural person -body corporate (5) Operator of heavy vehicle failing to provide driver with complying container weight declaration relating to freight container arranged by operator to be transported by vehicle -natural person -body corporate 17() Driver of heavy vehicle loaded with freight container driving vehicle without first having been provided with container weight declaration or failing to keep declaration in or about vehicle or readily accessible from vehicle during journey 144 False or misleading transport documentation Natural person Page 19

20 Body corporate () Failing to comply with police direction for vehicle inspection (5f) Defacing or removing defect label (6) Driving/selling contrary to terms of defect (4) Disobey minor risk breach direction Heavy vehicle Standard vehicle (5) Disobey substantial risk breach direction 5000 Heavy vehicle Standard vehicle 150 Disobey severe risk breach direction (4) Breach of continuing journey minor risk 5000 Heavy vehicle Standard vehicle 161A(1) Driving of certain vehicles subject to Ministerial approval C(1) and Riding without helmet (bicycle etc) 90 (2) 16N Contravention of improvement notice W Contravention of Supervisory intervention order 16Y Contravention of Prohibition order A Penalties If no penalty stated, shall be liable to penalty not exceeding 165 False statements 6 mths No double jeopardy 167(1) Causing or permitting the commission of an expiable offence against the Road Expiation fee Traffic Act 1961 or these regulations prescribed for - expiable offence 168 Where person convicted of RTA offence or any other offence which was facilitated by use of vehicle, they may be disqualified and thereupon reapply as learner for licence. 169A Court may order disqualification to start at any time. 170 If court satisfied a person used a vehicle in commission of any offence, it may order disqualification. 172(1) Appeals Removal of disqualification. If licence taken until further order, application to remove disq. may be made to summary court and served on Commissioner of Police. Appeal must be initiated within 14 days of conviction (s.76a Summary Procedures Act 1921.) 172(2) Application may not be made within months of disqualification. or previous application Page 20

21 17(1) Appeals and suspension of disqualification in the same manner as against a conviction. (2) Pending the hearing of the appeal the operation of any order may be suspended by either a summary court or a judge of the Supreme Court. () Only affective after appeal instituted and court fees paid and registrar of M/V served with order of suspension (copy) and notice that the appeal has been instituted and the fees paid. 174AB Erasing marking of tyres for parking purposes 174B Further offence for continued parking contravention G () and (4) 174H 174K Dismissal or other victimisation of employee or contractor assisting with or reporting breaches False or misleading information provided between responsible persons Proposing contracting out any provision or operation of the Act Page 21

22 THE AUSTRALIAN ROAD RULES Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit 20 Speeding Exceeding applicable speed-limit on length of road by less than 10kph by 10 kph or more but less than 20 kph by 20 kph or more but less than 0 kph by 0 kph or more (1) Failing to keep left when starting left turn (from other than multi-lane road) 28(1) Failing to keep within left lane when starting left turn on multi-lane road 28(1A) 28(2A) Failing to use slip lane when starting left turn on multi-lane road Bicycle rider starting left turn on multi-lane road from incorrect position in bicycle storage area 29(1) Failing to make left turn as indicated by turn line 1(1) Starting right turn incorrectly (from other than multi-lane road) 2(1) Failing to keep within right lane when starting right turn (on multi-lane road) 2(2A) Bicycle rider starting right turn on multi-lane road from incorrect position in bicycle storage area (1) Making right turn at intersection incorrectly (1) Making hook turn at "hook turn only" sign incorrectly 5(2) Bicycle rider making hook turn at intersection with "no hook turn only" sign, etc. incorrectly 6 Bicycle rider making hook turn contrary to "no hook turn by bicycles sign" Starting U-turn without clear view, etc Failing to give way when making U-turn (1) Making U-turn contrary to "no U-turn sign" at break in dividing strip 9(2) Making U-turn contrary to "no U-turn sign" on length of road P

23 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit 40 Making U-turn at intersection with traffic lights and "no U-turn permitted" sign 41 Making U-turn at intersection without traffic lights and without "U-turn permitted" sign 42 Starting U-turn at intersection from incorrect position 46(1) Failing to give left change of direction signal before turning left 46(4) Failing to stop giving left change of direction signal after turning left 48(1) Failing to give right change of direction signal before turning right 48(4) Failing to stop giving right change of direction signal after turning right 51 Using direction indicator lights when not permitted 5(1) Failing to give stop signal before stopping or suddenly slowing 5(2) Failing to give sufficient warning of stopping () Failing to give stop signal while slowing (1) Failing to stop for red traffic light (2) Failing to stop for red traffic arrow (1) Failing to stop for yellow traffic light (2) Failing to stop for yellow traffic arrow () Failing to leave intersection showing yellow traffic light or arrow (1) Proceeding through red traffic light Proceeding through red traffic arrow A(1) 60A(2) Proceeding through bicycle storage area before red traffic light Proceeding through bicycle storage area before red traffic arrow 61(2) Failing to stop at intersection when traffic lights or arrows change to yellow or red 61(5) Failing to leave intersection when traffic lights or arrows change to yellow or red 62(1) Failing to give way when turning at intersection with traffic lights 6(2) Failing to give way at intersection with traffic lights not operating or only partly Page 2

24 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit operating where traffic light-stop sign 6() Failing to give way at intersection with traffic lights not operating or only partly operating where no traffic light-stop sign 64 Failing to give way at flashing yellow traffic arrow at intersection 65(2) Failing to give way at marked foot crossing (except at intersection) with flashing yellow traffic light 66(1) Failing to stop for twin red lights (except at level crossing) 66(4) Proceeding after stopping for twin red lights (except at level crossing) 67(1) Failing to stop and give way at stop sign or stop line at intersection without traffic lights 68(1) Failing to stop and give way at stop sign or stop line at other place 69(1) Failing to give way at give way sign or give way line at intersection 70 Failing to give way at give way sign at bridge or length of narrow road 71(1) Failing to give way at give way sign or give way line at other place 72(1) Failing to give way at intersection (except T-intersection or roundabout) (1) Failing to give way at T-intersection (1) Failing to give way when entering road from road-related area or adjacent land 75(1) Failing to give way when entering road-related area or adjacent land from road (1) Moving into path of tram travelling in tram lane, etc. 76(2) Failing to move out of path of tram travelling in tram lane, etc (1) Failing to give way to bus (1) Moving into path of police or emergency vehicle 78(2) Failing to move out of path of police or Page 24

25 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit emergency vehicle (1) Failing to give way to police or emergency vehicle 80(1) Driving near children s crossing at speed at which driver can not stop safely (2) Failing to stop at children's crossing () Failing to obey hand-held stop sign at children's crossing 80(4) Proceeding while pedestrian on children's crossing 81(1) Driving near pedestrian crossing at speed at which driver cannot stop safely (2) Failing to give way at pedestrian crossing Overtaking or passing vehicle at children's crossing or pedestrian crossing 8 Failing to give way to pedestrian in shared zone 84(1) Failing to give way when driving through break in dividing strip Failing to give way on painted island (1) Failing to give way in median turning bays (1) Failing to give way when moving from side of road 87() Failing to give way when moving from median strip parking area 88(1) Failing to turn left at intersection with "left turn only" sign (2) Failing to turn left when in left lane at intersection with "left lane must turn left" sign (1) Failing to turn right at intersection with "right turn only" sign (2) Failing to turn right when in right lane at intersection with "right lane must turn right" sign Turning at intersection with "no turn" sign (1) Turning left at intersection or other place Page 25

26 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit with "no left turn" sign 91(2) Turning at intersection or other place with "no right turn" sign 92(1) Failing to drive in direction indicated by traffic lane arrows (1) Driving or overtaking on bridge or length of road where "no overtaking or passing" sign applies Overtaking on bridge with "no overtaking on bridge" sign (1) Driving in emergency stopping lane (1) Stopping on area of road marked with keep clear marking (1) Driving on length of road where "road access" sign applies (1) Driving in wrong direction on length of road where "one-way" sign applies (1) Failing to drive to left of "keep left" sign (2) Failing to drive to right of "keep right" sign Driving past "no entry" sign (1) Failing to stop before hand-held stop sign (2) Proceeding after stopping for hand-held stop sign 101A(1 ) Driving on safety ramp or arrester bed 102(1) Driving past "clearance" or "low clearance" sign (1) Driving past "bridge load limit (gross mass)" or "gross load limit" sign vehicle exceeding gross mass indicated by sign (2) Driving past "bridge load limit (mass per axle group)" sign vehicle axle group carrying mass exceeding mass indicated by sign 104(1) Driving past "no trucks" sign - vehicle GMV exceeding permitted mass 104(2) Driving truck past "no trucks" sign vehicle or combination exceeding permitted length () Driving truck past "no trucks" sign where no Page 26

27 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit mass or length indicated Failing to enter area indicated by "trucks must enter" sign 106(1) Driving bus past "no buses" sign bus exceeding mass indicated by sign 106(2) Driving bus past "no buses" sign bus exceeding length indicated by sign 106() Driving bus past "no buses sign" where no mass or length indicated 107 Failing to enter area indicated by "buses must enter" sign (1) Failing to drive truck or bus in low gear on length of road where "trucks and buses low gear" sign applies (1) Failing to enter roundabout from multi-lane road or road with 2 or more lines of traffic travelling in same direction correctly (2) Failing to give left change of direction signal when entering roundabout 112() Failing to continue left change of direction signal while on roundabout Page 27

28 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit 11(2) Failing to give right change of direction signal when entering roundabout 11() Failing to continue right change of direction signal while in roundabout 114(1) Failing to give way when entering roundabout 114(2) Failing to give way to tram when driving in roundabout 115(1) Failing to drive in roundabout to left of central traffic island 116 Failing to obey traffic lane arrows when driving in or leaving roundabout 117(1) Failing to give left change of direction signal when changing marked lanes or lines of traffic in roundabout 117(2) Failing to give right change of direction signal when changing marked lanes or lines of traffic in roundabout 118(1) Failing to give left change of direction signal when leaving roundabout 118(2) Failing to stop left change of direction signal after leaving roundabout 119 Failing to give way by rider of bicycle or animal to vehicle leaving roundabout 121 Failing to stop and give way at stop sign at level crossing 122 Failing to give way at give way sign or give way line at level crossing 12 Entering level crossing when train or tram is approaching, etc. 124 Failing to leave level crossing as soon as safe to do so 125(1) Unreasonably obstructing path of other driver or pedestrian 126 Failing to keep safe distance behind other vehicles 127(1) Failing to keep required minimum distance Page 28

29 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit behind long vehicle Entering blocked intersection A Entering blocked crossing (1) Failing to keep to far left side of road (2) Driving in right lane on certain multi-lane roads (1) Failing to keep to left of oncoming vehicles (1) Failing to keep to left of centre of road (2) Failing to keep to left of dividing line dividing line formed by 2 parallel continuous lines (2) Failing to keep to left of dividing line any other dividing line 12(2A ) Making U-turn across certain dividing lines (1) Failing to keep to left of median strip Driving in wrong direction on one-way service road (1) Failing to keep off dividing strip (1) Failing to keep off painted island Overtaking when not safe to do so (1) Driver overtaking to left of other vehicle (2) Bicycle rider overtaking to left of vehicle turning left (1) Overtaking to right of vehicle turning right (1) Passing or overtaking to left of turning left vehicle displaying "do not overtake turning vehicle" sign (1A ) Passing or overtaking to left of vehicle displaying do not overtake turning vehicle sign (2) Passing or overtaking to right of turning right vehicle displaying "do not overtake turning vehicle" sign Failing to keep safe distance when overtaking Increasing speed while being overtaken (1) Failing to drive within single marked lane (2) Failing to drive within single line of traffic Moving from one marked lane to another Page 29

30 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit marked lane across continuous line (1) Failing to give way when moving from one marked lane to another marked lane 148(2) Failing to give way when moving from one line of traffic to another line of traffic 148A Failing to give way when diverging left or right within marked lane 149 Failing to give way when lines of traffic merge into single line of traffic 150(1) Driving on or across continuous white edge line (1) Riding motor bike or bicycle alongside more than 1 other rider on non multi-lane road (2) Riding motor bike or bicycle alongside more than 1 other rider in marked lane 151(4) Riding motor bike or bicycle more than 1.5 metres from another rider (1) Driving in marked lane to which overhead lane control device applies failing to comply with rule (1) Driving in bicycle lane (1) Driving in bus lane (1) Driving in tram lane A(1 ) Driving in tramway (1) Driving in transit lane (1) Driving in truck lane (1) Driving in marked lane required to be used by particular kinds of vehicles 160(2) Passing or overtaking to right of tram not at or near far left side of road 160() Passing or overtaking left turning, etc. tram not at or near far left side of road 161(2) Passing or overtaking to left of tram at or near the left side of road 161() Passing or overtaking tram turning right or giving right change of direction signal Page 0

31 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit 162(1) Driving past safety zone (1) Driving past rear of stopped tram (1) Failing to give way to pedestrians crossing road near stopped tram Stopping where "no stopping" sign applies (1) Stopping where "no parking" sign applies Stopping on road with continuous yellow edge line (1) Stopping in intersection (2) Stopping within 20 metres of intersection with traffic lights 170() Stopping within 10 metres of intersection without traffic lights (1) Stopping on or near children's crossing (1) Stopping on or near pedestrian crossing (except at intersection) 17(1) Stopping on or near marked foot crossing (except at intersection) 174(2) Stopping at or near bicycle crossing lights (except at intersection) (1) Stopping on or near level crossing (1) Stopping on clearway (1) Stopping on freeway Stopping in emergency stopping lane (1) Stopping in loading zone (2) Stopping in loading zone exceeding time in loading zone (1) Stopping in truck zone (1) Stopping in works zone (1) Stopping in taxi zone (1) Stopping in bus zone (1) Stopping in minibus zone (1) Stopping in permit zone (1) Stopping in mail zone (1) Stopping in bus lane, transit lane or truck lane (2) Stopping in bicycle lane () Stopping in tram lane or tramway or on Page 1

32 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit tram tracks 188 Stopping in shared zone (1) Double parking (1) Stopping in or near safety zone Stopping near obstruction (1) Stopping on bridge, causeway, ramp or similar structure (2) Stopping in tunnel or underpass (1) Stopping on crest or curve outside built-up area (1) Stopping near fire hydrant, etc (1) Stopping at or near bus stop (1) Stopping at or near tram stop (1) Stopping on path, dividing strip or nature strip 197(1A ) Stopping on painted island 198(1) Obstructing access to and from footpath ramp, etc. 198(2) Obstructing access to and from driveway, etc (1) Stopping near postbox (1) Stopping heavy or long vehicle on road outside built-up area except on shoulder of road 200(2) Stopping heavy or long vehicle on road in built-up area for longer than permitted time 201 Stopping on road with "bicycle parking" sign 202 Stopping on road with "motor bike parking" sign 20(1) Stopping in parking area for people with disabilities A Stopping in slip lane (1) Parking for longer than indicated where "permissive parking" sign applies 207(2) Failing to pay fee, etc. for parking where fees payable (1) Failing to park on road (except in median strip parking area) in accordance with rule parallel parking A(1 Failing to park in road-related area (except Page 2

33 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit ) in median strip parking area) in accordance with rule parallel parking 209(2) Failing to park in median strip parking area in accordance with rule parallel parking 210(1) Failing to park in accordance with rule angle parking (2) Parking where there are parking bays failing to park vehicle wholly within parking bay () Parking where there are parking bays failing to park long or wide vehicle in minimum number of parking bays needed to park vehicle 212(1) Entering or leaving median strip parking area contrary to sign 212(2) Entering or leaving median strip parking area failing to drive forward 215(1) Failing to use lights when driving at night or in hazardous weather conditions 216(1) Failing to use lights when towing vehicle at night or in hazardous weather conditions 217(1) Using fog lights when not driving in fog or other hazardous weather conditions (1) Using headlights on high-beam Using lights to dazzle other road users (1) Stopping vehicle on road at night failing to operate lights Using hazard warning lights Riding animal-drawn vehicle at night or in hazardous weather conditions failing to operate lights Using horn or similar warning device (1) Driving vehicle with radar detector or similar device in or on vehicle or trailer (2) Having possession of radar detector or similar device while travelling in or on vehicle or trailer 226(1) Driving heavy vehicle not equipped with portable warning triangles (2) Failing to produce warning triangles on Page

34 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit demand 227(2) Failing to use portable warning triangles vehicle stopped on road 227() Failing to use portable warning triangles fallen load Pedestrian passing "no pedestrians" sign Pedestrian on road to which "road access" sign applies 20(1) Failing to cross road in accordance with rule 21(1) Failing to cross road with pedestrian lights in accordance with rule 22(1) Failing to cross road at traffic lights without pedestrian lights in accordance with rule () Failing to cross road at traffic lights while light turning yellow or red in accordance with rule (4) Crossing road at traffic lights failing to remain in safety area 2(1) Crossing road to get on tram crossing before tram stops at tram stop 2(2) Crossing road from tram failing to comply with rule 24(1) Crossing road near crossing for pedestrians 24(2) Pedestrian staying on road longer than necessary to cross road (1) Crossing level crossing (2) Crossing level crossing while warning lights flashing, etc 25(2A ) 25A(2 ) 25A( ) Failing to finish crossing level crossing in accordance with rule if warning lights start flashing etc Crossing pedestrian level crossing while there is a red pedestrian light Failing to finish crossing pedestrian level crossing in accordance with rule if red pedestrian light appears (1) Pedestrian causing traffic hazard Page 4

35 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit 26(2) Pedestrian causing obstruction (1) Getting on or into moving vehicle (1) Pedestrian travelling along road failing to use footpath (2) Pedestrian travelling along road failing to keep to side or face approaching traffic or walking abreast (1) Pedestrian on bicycle path or separated footpath () Pedestrian on bicycle path or separated footpath failing to keep out of path of bicycle, etc A Travelling in or on wheeled recreational device or wheeled toy past no wheeled recreational devices or toys sign (1) Travelling in or on wheeled recreational device or wheeled toy on certain types of roads (2) Travelling in or on wheeled recreational device at night or during certain times 240() Travelling in or on wheeled toy on certain road or during certain times (1) Travelling in or on wheeled recreational device or toy on road failing to keep to left or travelling abreast (1) Travelling in or on wheeled recreational device or toy on footpath or shared path failing to keep left or give way (1) Travelling on rollerblades, etc. on bicycle path or separated footpath (2) Travelling on rollerblades, etc. on bicycle path etc. failing to keep out of path of bicycle (1) Travelling in or on wheeled recreational device or wheeled toy that is being towed by vehicle (2) Travelling in or on wheeled recreational device or wheeled toy while holding onto moving vehicle () Travelling in or on wheeled recreational device or wheeled toy too close to rear of moving motor vehicle B Travelling on motorised scooter failing to wear bicycle helmet Page 5 -

36 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit 244C Travelling on motorised scooter on road or road-related area Riding bicycle not in accordance with rule (1) Carrying on bicycle more persons than bicycle designed to carry (2) Passenger on bicycle passenger failing to sit in passenger seat () Riding bicycle with passenger not sitting in passenger seat (1) Failing to ride in bicycle lane on road A(1 ) 247B(1 ) 247B(2 ) Bicycle rider failing to enter bicycle storage area correctly at intersection with red traffic light or arrow Bicycle rider failing to give way when entering bicycle storage area Bicycle rider in bicycle storage area on multi-lane road failing to give way to motor vehicles in certain lanes when traffic lights are green or yellow 248(1) Riding bicycle across road on children s crossing or pedestrian crossing 248(2) Riding bicycle across road on marked foot crossing Riding bicycle on separated footpath (1) Riding bicycle on footpath or shared path if prohibited by another law 250(2) Riding bicycle on footpath or shared path failing to keep to left or give way Riding bicycle on bicycle path, etc. failing to keep to left of oncoming bicycle riders on path (1) Riding bicycle where "no bicycles" sign or no bicycle road markings applies Bicycle rider causing traffic hazard (1) Bicycle being towed riding towed bicycle (2) Bicycle rider holding onto moving vehicle Riding bicycle too close to rear of motor vehicle 256(1) Riding bicycle rider failing to wear bicycle Page 6

37 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit helmet (2) Passenger on bicycle passenger failing to wear bicycle helmet 256() Riding bicycle with passenger not wearing bicycle helmet (1) Riding with person on bicycle trailer Riding bicycle not equipped with brake or warning device Riding bicycle at night or in hazardous weather conditions without displaying lights, etc (1) Failing to stop bicycle for red bicycle crossing light 260(2) Proceeding after stopping for red bicycle crossing light proceeding before light changes, etc. 261(1) Failing to stop bicycle for yellow bicycle crossing light 262(1) Bicycle rider proceeding when bicycle crossing lights change failing to cross in accordance with rule (1) Failing to wear seatbelt driver (1) Failing to wear seatbelt passenger 16 years old, or older 265() Failing to ensure passengers 16 years old or older are wearing seatbelts, and are seated, in accordance with rule failure in relation to 1 such passenger failure in relation to more than 1 such passenger 266(1) Failing to ensure passenger under 16 years old is wearing seatbelt (a) driver referred to in section 98BI(1)(a)(i) or (ii) of the Motor Vehicles Act 1959 (b) all other drivers (1) Travelling in or on part of motor vehicle not designed primarily for carriage of passengers or goods (2) Travelling in or on part of motor vehicle designed primarily for carriage of goods 268() Travelling in or on motor vehicle with part $15 $ Page 7 5 See clause 5

38 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit of body outside window or door (4) Driving motor vehicle with part of passenger's body outside window or door 268(4A ) Driving motor vehicle with passenger under 16 in or on part of vehicle not designed primarily for carriage of passengers or goods Page 8

39 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit 268(4B) Driving motor vehicle with passenger in or on part of vehicle designed primarily for carriage of goods that is not enclosed, etc (1) Getting off or out of moving vehicle () Creating hazard by opening door of vehicle, leaving door open, etc (4) Driving bus while doors not closed (1) Riding motor bike without wearing helmet or with passenger not wearing helmet 270(2) Passenger on motor bike failing to wear helmet 271(1) Riding on motor bike rider failing to ride in correct position 271(2) Riding on motor bike passenger failing to ride in correct position 271() Riding on motor bike rider riding with passenger not riding correctly (4) Riding on motor bike (without sidecar) riding with more than permitted number of passengers (5) Riding on motor bike (with sidecar) riding with more than permitted number of passengers (5A) 271(5B) 271(5C) Riding on motor bike riding with passenger under 8 years old not in sidecar Riding on motor bike passenger in sidecar failing to be seated safely Riding on motor bike riding with passenger in sidecar not seated safely Passenger interfering with driver's control of vehicle, etc Failing to stop for red T light tram driver Failing to stop for yellow T light tram driver 277 Proceeding after stopping for a red or yellow T light tram driver 279(2) Proceeding when white T light or white traffic arrow no longer showing tram driver proceeding before entering Page 9

40 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit intersection 279() Proceeding when white T light or white traffic arrow no longer showing tram driver failing to leave intersection Failing to stop for red B light bus driver Failing to stop for yellow B light bus driver Proceeding after stopping for red or yellow B light bus driver (2) Proceeding when white B light or white traffic arrow no longer showing bus driver proceeding before entering intersection () Proceeding when white B light or white traffic arrow no longer showing bus driver failing to leave intersection (1) Driver involved in crash failing to give required particulars (1) Driving on path (4) Driving on path failing to give way (1) Driving on nature strip (2) Driving on nature strip failing to give way Driving on traffic island Making unnecessary noise or smoke while starting or driving vehicle 292 Driving or towing vehicle carrying insecure or overhanging load 29(2) Failing to remove from road things fallen from vehicle while driving 294(1) Towing vehicle without keeping control of vehicle being towed 294(2) Towing trailer without keeping control of trailer 295(1) Motor vehicle towing another vehicle with towline not in accordance with rule (1) Reversing vehicle when not safe to do so (2) Reversing vehicle further than reasonably necessary 297(1) Driving vehicle without having proper control of vehicle Page 40

41 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit 297(1A) Driving vehicle with person or animal in lap (2) Driving motor vehicle without clear view of road, etc. 297() Riding motor bike with animal on petrol tank 298 Driving motor vehicle towing trailer with person in trailer 299(1) Driving motor vehicle with TV or VDU in operation in vehicle 00(1) Using hand-held mobile phone while driving vehicle (1) Driver of motor vehicle leading animal (2) Passenger in or on motor vehicle leading animal () Rider of bicycle leading animal Rider of animal on footpath or nature strip failing to give way to pedestrian 0(1) Riding animal alongside more than 1 other rider on non multi-lane road 0(2) Riding animal alongside another rider in marked lane 0(4) Riding animal alongside another rider more than 1.5 metres from other rider 04(1) Failing to obey direction of police officer or authorised person Page 41

42 ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 1999 (SA) Section Offence Max. penalty Exp. 20() Driving or towing vehicle on certain roads while transporting dangerous substance... 20A(2) Towing prohibited number of vehicles $261 21(1) Parking in certain public places $1250 $261 Parking in City of Adelaide Park Lands $122 Parking in other public place $58 22() Contravening notice prohibiting fishing or other specified activities from specified bridge or causeway $750 $90 2(1) Failing to ensure dog does not enter or remain on certain bicycle paths $750 $190 25(2) Driving or towing on road vehicle not complying with requirements of regulation vehicle altered from original specifications 44(1) Contravening or failing to comply with provision of regulations Contravention of or failure to comply with reg. 19B(1) Heavy vehicles and minimum allowable travel time $491 reg. 19E Evasive action in relation to Safe-T-Cam photographic detection devices $87 $491 reg. 28 Riding bicycle not complying with requirements of regulation $25 reg. 29(1) Bicycle rider towing vehicle other than bicycle trailer complying with regulation or towing more than one vehicle reg. 6(7)(b) Selling, or offering for sale, for use in motor vehicle seat belt or part of seat belt not complying with requirements of regulation or removed from vehicle in which previously used reg. 7() Selling, or offering for sale, for use in motor vehicle child restraint or part of child restraint not approved reg. 8(2) Selling, or offering for sale, for use by motor bike rider or passenger helmet not complying with standard reg. 8(5) Selling, or offering for sale, for use by bicycle rider or rider of wheeled recreational device or wheeled toy helmet not meeting requirement $50 $ $ $ $ Page 42

43 ROAD TRAFFIC (HEAVY VEHICLE DRIVER FATIGUE) REGULATIONS 2008 (SA) Reg. Description of offence against Road Traffic (Heavy Vehicle Drive Fatigue) Regulations 2008 max Fine ($) Fee ($) Demerit Points 6(1) Driving while fatigued 8(4) Failing to comply with additional duty of employers and prime contractors (a) If natural person (b) If body corporate 8(5) Failing to comply with additional duty of operators (a) If natural person (b) If body corporate 9() Failing to comply with additional duty of schedulers (a) If natural person (b) If body corporate 10() Failing to comply with additional duty of consignors and consignees (a) If natural person (b) If body corporate 11() Failing to comply with additional duty of loading managers (a) If natural person (b) If body corporate 16() Failing to comply with standard hours for solo drivers Minor risk offence For failing to have the minimum required rest time (required period of rest time is not more than 1 hour) In any other case Substantial risk offence 16(5) Failing to ensure driver does not contravene 16() Minor risk offence For failing to have minimum required rest time (required period of rest time not more than 1 hour) If party in chain of responsibility is natural person If party in chain of responsibility is body corporate In any other case If party in chain of responsibility is natural person If party in chain of responsibility is body corporate $794 $794 $794 $794 $794 $280 $9 $280 $9 $9 Page 4 (severe risk) 4 (critical risk)

44 Substantial risk offence $452 If party in chain of responsibility is natural person If party in chain of responsibility is body corporate $794 17() Failing to comply with standard hours for solo drivers (buses) Minor risk offence For failing to have the minimum required rest time (required period of rest time is not more than 1 hour) In any other case Substantial risk offence $280 $9 (severe risk) 4 (critical risk) 17(5) Failing to ensure driver does not contravene 17() Minor risk offence For failing to have minimum required rest time (required period of rest time not more than 1 hour) If party in chain of responsibility is natural person If party in chain of responsibility is body corporate In any other case $280 $9 If party in chain of responsibility is natural person If party in chain of responsibility is body corporate Substantial risk offence $9 $452 If party in chain of responsibility is natural person If party in chain of responsibility is body corporate $794 19() Failing to comply with standard hours for two-up drivers Minor risk offence For failing to have the minimum required rest time (required period of rest time is not more than 1 hour) In any other case Substantial risk offence $280 $9 (severe risk) 4 (critical risk) 19(6) Failing to ensure driver does not contravene 19() Minor risk offence For failing to have minimum required rest time (required period of rest time not more than 1 hour) If party in chain of responsibility is natural person If party in chain of responsibility is body corporate In any other case $280 $9 If party in chain of responsibility is natural person If party in chain of responsibility is body corporate Substantial risk offence $9 $452 Page 44

45 If party in chain of responsibility is natural person If party in chain of responsibility is body corporate $794 21() Failing to comply with regulation 21()-solo drivers working under BFM accreditation Minor risk offence For failing to have the minimum required rest time (required period of rest time is not more than 1 hour) In any other case Substantial risk offence $280 $9 (severe risk) 4 (critical risk) 21(5) Failing to ensure driver does not contravene 21() Minor risk offence For failing to have minimum required rest time (required period of rest time not more than 1 hour) If party in chain of responsibility is natural person If party in chain of responsibility is body corporate In any other case $280 $9 If party in chain of responsibility is natural person If party in chain of responsibility is body corporate Substantial risk offence $9 $452 If party in chain of responsibility is natural person If party in chain of responsibility is body corporate $794 2() Failing to comply with regulation 2()-two-up drivers working under BFM accreditation Minor risk offence For failing to have the minimum required rest time (required period of rest time is not more than 1 hour) In any other case Substantial risk offence $280 $9 (severe risk) 4 (critical risk) 2(5) Failing to ensure driver does not contravene 2() Minor risk offence If party in chain of responsibility is natural person $9 If party in chain of responsibility is body corporate $452 Substantial risk offence If party in chain of responsibility is natural person If party in chain of responsibility is body corporate $794 24() Failing to comply with regulation 24() drivers under AFM accreditation minor risk offence $9 (severe risk) Page 45

46 substantial risk offence 4 (critical risk) 24(5) Failing to ensure driver does not contravene regulation 24() minor risk offence if the party in the chain of responsibility is a natural person if the party in the chain of responsibility is a body corporate substantial risk offence if the party in the chain of responsibility is a natural person if the party in the chain of responsibility is a body corporate $9 $452 $794 25() Failing to comply with regulation 25()-AFM hours-offences related to AFM outer limits Substantial risk offence If party in chain of responsibility is natural person If party in chain of responsibility is body corporate 25(6) Failing to ensure driver does not contravene 25() Substantial risk offence If party in chain of responsibility is natural person If party in chain of responsibility is body corporate 26() Failing to comply with regulation 26() when changing work/rest hours option $794 $794 27(1) Failing to have required documentation 27(2) Operator to take steps to ensure compliance with 27(1) (a) If natural person (b) If body corporate $ $794 27() Failure to return BFM documentation 28(1) Working under AFM accreditation to carry documentation 28(2) Operator to take steps to ensure compliance with 28(1) (a) If natural person (b) If body corporate $ $794 28() Failure to return AFM documentation (2) Does not comply with direction under regulation (a) If natural person (b) If body corporate $ (severe risk) 4 (critical risk) Page 46

47 4() Fixing label to indicate it is an electronic work diary $5000 5(1) Failure to remove labels and notify about revocation of approval for electronic work diary (a) If natural person (b) If body corporate 5(2) Failure to comply with notification by other person to remove labels (a) If natural person (b) If body corporate 6(1) Operate electronic work diary in accordance with conditions of the Authority and manufacturer s instructions 6(2) Record keeper for driver must comply with 6(1) (a) If natural person (b) If body corporate 8(1) Ensure driver complies with Subdivision (Work Diary Requirements) (a) If natural person (b) If body corporate $5000 $ $5000 $ $5000 $5000 $ $5000 $ (1) Driver must keep a copy of work diary in the vehicle $ (1) Driver must record information in work diary 41(1) If diary destroyed/lost, driver must record in supplementary records 42(1), (2), (4), (6) Notification of destruction etc of work diary 42(7) Record keeper to examine and replace work diary; also ensure driver applies for issue of written work diary 4(1), (), (4) (a) If natural person (b) If body corporate Instalment, maintenance and compliance with Odometer regulations (a) If natural person (b) If body corporate $ $ $794 $794 4(2) Driver to notify about malfunctioning odometer Page 47

48 44(1), (2), (), (5) Record keeper to make records for driver engaged in 100 km work under standard hours/keep records in prescribed manner (a) If natural person (b) If body corporate 44(4) Record keeper to keep records for not less than years (a) If natural person (b) If body corporate $ $5000 $ Driver must give certain information to record keepers 46 Record keeper must ensure that driver complies with prescribed regulations (a) If natural person (b) If body corporate $ $ Driver not to keep multiple written work diaries $ Driver not to record information in multiple work diaries $ Person not to remove sheets from written work diary $ (1) Person not to tamper with electronic work diary $ (5) Driver and record keeper to ensure a person does not tamper with electronic work diary (a) If natural person (b) If body corporate $ $ Person not to change/deface entry in work record $ Driver or record keeper not to have document purporting to be work record, if it is not a work record (a) If natural person (b) If body corporate $ $ Person not to make entry in other person s work record $ Person must not hold out that they made an entry, unless they have $ Person must not destroy work record or other prescribed document $ $794 Page 48

49 58 Person must not contravene work/rest hours condition $ () Person contravenes/fails to comply with work diary exemption condition $ (2) Failing to comply with regulation 62(2)-driver working under work/rest hours exemption Minor risk offence Substantial risk offence 62(4) Failing to ensure driver complies with 62(2) Minor risk offence If party in chain of responsibility is natural person If party in chain of responsibility is body corporate Substantial risk offence If party in chain of responsibility is natural person If party in chain of responsibility is body corporate $9 $9 $452 $794 6(1) Driver to carry written exemption 6(2) Employer to ensure driver complies with 6(1) (a) If natural person (b) If body corporate $ $ Driver to return exemption 66 Person to comply with notice to return written exemption within 7 days $ Must not falsely hold out exemption or have document purporting to be this (a) If natural person (b) If body corporate $ $ () Fail to comply with having document under regulations $ (5) Driver fails to comply with direction under regulation 69 $5000 8(2) Person not to disclose information in administration of regulations (a) If natural person (b) If body corporate $ $ () Fail to comply with condition specified in notice made by Minister. $5000 (severe risk) 4 (critical risk) Page 49

50 ROAD TRAFFIC (ROAD RULES ANCILLARY AND MISCELLANEOUS PROVISIONS) REGULATIONS 1999 (SA) Reg. 9A(1) 9A(2) Description of offence against the Road Traffic (Road Rules Ancillary and Miscellaneous Provisions) Regulations 1999 Speeding while driving road train Exceeding 90kph speed limit by less than 10kph by 10kph or more but less than 20kph by 20kph or more but less than 0kph by 0kph or more Speeding while driving road train Exceeding 40kph speed limit by less than 10kph by 10kph or more but less than 20kph by 20kph or more but less than 0kph by 0kph or more Max. fine Expiation Demerits $400 $500 $770 $900 $150 $0 $670 $ A Driving or stopping in lane marked BUS ONLY $226 2A(1) 26A Crossing to or from tram stop other than at crossing for pedestrians if within 20 metres of crossing or if tram has stopped Failing to ensure passengers 16 years or older are wearing seatbelts failure in relation to 1 such passenger failure in relation to more than 1 such passenger $ (1) Learner or P1 driver using mobile phone while driving vehicle $291 5 Page 50