Traffic offences and penalties

Transcription

1 Traffic offences and penalties (last updated September 2014) 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 18 ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 2014 (SA) p 8 ROAD TRAFFIC (ROAD RULES-ANCILLARY AND MISCELLANEOUS PROVISIONS)REGULATIONS 2014 (SA) p 9 CRIMINAL LAW (CLAMPING, IMPOUNDING AND FORFEITURE p 40 OF VEHICLES) REGULATIONS (SA) 2007 PRIVATE PARKING AREAS REGULATIONS 2014 p 41 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 at May 2014: 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is to be taken into account despite its subsequent withdrawal except if the notice of withdrawal specifies that it is withdrawn because (a) the issuing authority has received a statutory declaration or other document sent to the authority by the alleged offender in accordance with a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) - - $7500 $44-9() Unregistered vehicle found standing on a road - - $7500 $44-12(2c) Drive agricultural machine on road without registration/insurance and fails to provide public liability insurance - - $ B() Fail to produce evidence of public liability Insurance - - $ (9) Fail to carry permit allowing vehicle to be - - $750 $126 - driven without registration 16(11) Contravene permit requirements - - $750 $105-2A Sell motor vehicle without report lodged - - $ (2) Misuse of vehicle reg. at reduced fees - - $ (2a) Contravene/fail to comply with condition of registration - - $ A() Causing or permitting unregistered heavy vehicle to be driven on road - - $2,500 $44-4A(7) Failing to carry temporary configuration certificate in vehicle or to produce it for inspection by police officer or authorised officer - - $250 $51-44(4) Fail to notify of modifications etc. - - $ (4a) Fail to comply with notice under sub-s (1a) - - $ (1) Drive without number plate - - $5000 $66-47(1a) Registered owner/operator contravening duty to carry number plates - - $5000 $66 47A(7) Display improper plate - - $5000 $66-47B(2) Sell/supply number plate without authority - - $5000 $66-47C() Failing to comply with direction of Registrar to return number plates - - $5000 $288-47D(1)(a) Drive bearing number plate not allotted to vehicle - - $5000 $6-47D(1)(b) Drive bearing defaced/mutilated number plate - - $5000 $6-47D(1)(c) Drive bearing colourable imitation of number plate - - $5000 $6-47D(1)(d) Possession of number plate or resemblance without lawful excuse - - $5000 $6-47D(2) Registered owner/operator contravening duty to carry legible number plates - - $5000 $6 Page

4 Section Offence Gaol Licence Fine EXP. Demerit 48(1b) Failure to destroy previously issued label $250 48() Drive on road with heavy vehicle without 48(a) Registration label - - $750 $126 - Registered owner/operator fail comply with directions at to reg. label - - $750 $126 52() Failure to return or destroy reg. label - - $ Drive invalid/ imitation/ altered reg. label - - $750 $122-5(1)(a) Drive vehicle with reg label or permit that is no longer in force or issued in respect to another vehicle - - $750 $122-5(1)(b) Drive vehicle with reg label or permit that has been defaced/altered/mutilated - - $750 $122-5(1)(c) Drive vehicle with colourable imitation of reg. label or permit - - $750 $122-5(1)(d) Possess resemblance of reg. label or permit 5(1a) without lawful excuse - - $750 $122 - 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 $122-70(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 $122 72A(2) Acting as qualified supervising driver while drunk/drug- - $1250 $250 Licences Section Offence Gaol Licence Fine EXP. Demerit 74(1) Drive without appropriate licence - - $1250 $46-74(2) Drive without licence (never authorised) - - $2500 Subsequent offence 1 yr - $ (2a) Drive without licence having served disqual for 1 yr $5000 n/a - serious drink driving offence 75AA 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 $27 75A(15) Drive motor bike or vehicle without L plates - - $ with only one L plate $ with no L plates $27-75A(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 $6 - Provisional Licences Section Offence Gaol Licence Fine EXP. Demerit 81A (1) Contravening condition of provisional license - - $1250 $27 81A(14) Must not exceed 100 km/h - - $ (15)(a) Driving motor bike with no P plate - - $1250 $27 (15)(b) Driving with only 1 P plate - - $1250 $191 (16) Must not drive high powered vehicle - - $1250 $27 - Probational Licences (applied for after a period of disqualification) 81AB(5) Contravening condition of probationary licence - - $ 1250 $6-81AB(1)(a) must carry licence $ AB(1)(b) 0.0 alcohol $ AB(1)(c) incur 2 or demerit points $ AB() minimum period of 12 mths or more if ordered by court 81AB(a) if Interlock scheme, further condition to carry P plates $ B(1) (i) Breach Learner or Probationary conditions or incur 4 or more demerit points while holder of learner or provisional licence 6 mths (ii) Breach Learner or Probationary conditions or incur 2 or more demerit points while holder of a Probationary licence 6 mths B() Fail to attend lecture - - $750 $107-81H(1) Contravening conditions of mandatory alcohol interlock scheme $ H(2) Assisting holder of alcohol interlock scheme to operate vehicle $ Registrar may refuse to issue, cancel or suspend licence or permit or impose conditions where person 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. - - Page 5

6 Produce Licence Section Offence Gaol Licence Fine EXP. Demerit 96(1) Fail to produce lic. forthwith or within 48 hours - - $1250 $180-96() 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 $180-98AAA(1) Fail carry lic. driving heavy veh. Defence if within 80 kms of drivers farm and outside metro Adelaide - - $1250 $180 - 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 $180-98AAD Possess falsely obtained licence/learner s permit $ AAE unlawful alteration/damage to licence/learner s permit void $ AAF 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) notice does not take effect if person makes election under subsection (2) 98BE(2) person may elect to accept good behaviour condition for 12 months within 21 days of the date specified on the notice OR with the permission of the Registrar, within 28 days of the date specified on the notice 98BE(2a) if a person incurs 2 or more demerits in relation to one or more offences whilst on good behaviour condition Registrar must give notice that person is disqualified holding or obtaining licence for a period of twice the original disqualification period 98BE(5) Where disqualification under s 98BC or good behaviour condition has taken effect the following points are discounted all demerit points in respect of the offence that brought the aggregate to 12 or more; all demerit points in respect of offences committed prior to the time at which the person committed that Page 6

7 98BH offence 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. - - $ K 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 - - $ MD(4) Fail to leave scene of MVA - - $ ME Remove veh not accord with Act - - $ ()(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/MGStore veh. other than at reg. premises - - $ MH Solicit to store, wreck/ repair/ quote w/in 12 hrs of - - $ MV accident 98MI/MJ Fail when paid to give vehicle to owner/ accident spotting(tow trucks). - - $ MK Repairing, storing, quoting vehicle illegally - - $ 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 - - $ P(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 - - $10000 $66-102(2) Uninsured motor vehicle standing on a road - - $10000 $66 - 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 - - $ Page 7

8 (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. 124AB Insured who is more than 25% liable must pay an excess of $ A(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 $177 - (2) Duty to notify address (business ) - - $1250 $177-16(2a) Fail to notify change of business address - - $1250 $177 16(2b) Duty to notify change (garage address) - - $1250 $177 - (2c) Duty to notify change of operator - - $1250 $177 - (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 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 ** - Page 8

9 MOTOR VEHICLES REGULATIONS 2010 Section Offence Gaol Licence Fine EXP. Demerit 9(2) Driving self-propelled elevating work platform without registration or insurance and does not 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 - - $2500 $46-6(4) Drive vehicle with bike rack number plate obscured - - $2500 $46-45(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 $196 - 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 $291-81A(16) Holder of P1 or P2 licence under age of 25 driving - - $ 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 70M Debtors driver's licence may be suspended to take effect 14 days from the day the determination was made N 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() Grievous injury by dangerous driving 1st offence (basic) 15 yr 10 yr min n.p st offence (aggravated) Life 10 yr min n.p A() 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 AB 19AB 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 $ Return of identification cards H(5) 40I(2) 40J() 40K(5) $254 $254 $254 Failure to stop or comply with other order of auth. officer Failure to comply with order to move vehicle Failure to comply with order to move vehicle if obstructing Failure to comply with order to leave vehicle - if direction relates to heavy vehicle - if direction relates to light vehicle $616 $254 40V(4) 40W(4) 40X() 40Y(5) 41M Giving false information or failing to provide name or other personal details Failure to comply with request to produce records or devices Failure to provide information about vehicle, load or equipment Failure to provide reasonable assistance for inspection Obstructing/hindering authorised officers/police $682 $682 $616 $616 41N Impersonating authorised officers (1) Failing to stop and give assistance min immediately 5 yrs 12mths after accident involving injury or death 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 45A Excessive speed (over 45Kmh) 1 st offence 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) - 12 mths - min 6 mths 6 mths 2yrs 2 yrs 12 mths yrs min $1058 $ Driving under influence First offence mths min Page 11

12 47B 12mths 1600 Subsequent offence 6 mths min years 2900 Where vehicle is not a motor vehicle, eg bicycle Driving whilst having prescribed concentration of alcohol in blood Category 1 offence to Min First offence - mths 1100 $56 4 Category 1 offence to min 6 mths Second offence Category 1 offence to Min 9 mths Third offence Category 1 offence to min Subsequent offence - 12 mths BA 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 - Driving with prescribed drug in oral fluid or blood First offence Second offence Third offence Subsequent offence min 6mths Min 12 mths Min 2 yrs Min 2 yrs min 12mths Min yrs Min yrs Min yrs $56 Min mths 4 Min 6 mths Min 12 mths Min yrs 4 Page 12

13 47E(2a) Failing to comply with subsection 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 mths Subsequent Offence - Min yrs EAA(4) Failing to comply with subsection direction (drug screening test/oral fluid analysis and blood test) 47EAA(9) Refuse/fail to comply with drug screening test/oral fluid analysis and blood test -First Offence Subsequent Offence I(14) Refusing or failing to comply with request to submit to taking of sample of blood involved in accident - First Offence - min mths Subsequent Offence - min yrs In any other case IA Failing of certain offenders to attend lectures 47J 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. 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.) 5B(1) Selling radar detector or jammer or storing or offering radar detector or jammer for sale $94 - Page 1

14 79B 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 $159 2 by 10 kph or more but less than 20 kph $49 by 20 kph or more but less than 0 kph $709 5 By more than 0 kph $846 7 If red light (1)(a) Speeding past an emergency vehicle 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 $159 2 by 10 kph or more but less than 20 kph $49 by 20 kph or more but less than 0 kph $709 5 By more than 0 kph $846 7 Page 14

15 8(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 $96 for purpose of soliciting business, etc A(2) Buying or offering to buy goods from person standing, etc. on carriageway, etc. $96 in contravention of rule 8A(1) (2) Leaving stationary vehicle in prohibited area near Parliament House, etc. without authority $11-87 Walking without due care or attention etc $45-91() Failing to comply with direction of ferry $08 operator 95 Riding on vehicle without consent of $96 - driver 99A Bicycle rider riding on footpath or other road-related area failing to give warning to pedestrians etc $5-99B(1) Riding wheeled recreational device or toy without due care or attention etc riding on road $49 - in any other case $5 99B() Riding wheeled recreational device or wheeled toy on footpath or other road-related area without giving warning to pedestrians etc $5-107(1) Driving, drawing, hauling, dragging over road any implement, sledge, etc $ (1) Depositing certain articles or materials on $214 - road 110 Failing to keep whole of vehicle on sealed surface when driving on sealed road $96 110C(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 $250 - In the case of an alleged offence not committed in course of trade or business - - $250 $ C() Driving vehicle not bearing ID plate $250 - Page 15

16 110C(5) 110C(6) 110C(8) 110C(9) 110C(10) 110C(11) 110C(12) Knowingly displaying a false vehicle identification plate 2 yrs Knowingly displaying a false vehicle identification number 2 yrs Removing, altering, defacing, obliterating a vehicle identification plate 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 Meaning of breach of vehicle standards 117 Breach light vehicle standards (driver) 2500 $8 118 Breach of vehicle standards (operator) 118(1) Disobey rule 155 vehicle standards Any other contravention of section 118(1) 2500 $8 119 Meaning of breach Mass, dimensions etc 12 Light vehicle not complying with mass, load requirements (driver of vehicle) - exceeding mass limit by less than 50% - exceeding mass limit by 50% or more - contravening a dimension or load req $205 $411 $ (1) Light vehicle not complying with mass, load requirements (operator of vehicle) - exceeding mass limit by less than 50% - exceeding mass limit by 50% or more - contravening a dimension or load req $205 $411 $ () Failing to comply with police direction for vehicle inspection $ (5f) Defacing or removing defect label $8 145(6) Driving/selling contrary to terms of defect $ () 146(8) Failure to rectify defect Contravene condition to continue journey $254 $254 Page 16

17 161A(1) 162C(1) 162C(2) 164A Driving of certain vehicles subject to Ministerial approval $276 - Riding without helmet (bicycle etc) $96 Riding with child child without helmet $96 Penalties If no penalty stated, shall be liable to penalty not exceeding $ 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. 17(1) 17(2) 17() 174AB 174B 174G () & (4) 174H 174K Appeals and suspension of disqualification in the same manner as against a conviction. 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 effective 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. Erasing marking of tyres for parking purposes Further offence for continued parking 500 $46 contravention 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 17

18 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) (1) Failing to keep within left lane when starting left turn on multi-lane road 28(1A) Failing to use slip lane when starting left turn on multi-lane road 28(2A) 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) (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 (2) Making U-turn contrary to "no U-turn sign" on length of road Page 18

19 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 (1) Failing to give left change of direction signal before turning left (4) Failing to stop giving left change of direction signal after turning left (1) Failing to give right change of direction signal before turning right (4) Failing to stop giving right change of direction signal after turning right Using direction indicator lights when not permitted (1) Failing to give stop signal before stopping or suddenly slowing (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 59(1) Proceeding through red traffic light Proceeding through red traffic arrow A(1) Proceeding through bicycle storage area before red traffic light 60A(2) 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 (2) Failing to give way at intersection with Page 19

20 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit traffic lights not operating or only partly 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 (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 (2) Failing to move out of path of tram travelling in tram lane, etc 77(1) Failing to give way to bus (1) Moving into path of police or emergency vehicle Page 20

21 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit 78(2) Failing to move out of path of police or emergency vehicle... 79(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 Page 21

22 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit 91(1) Turning left at intersection or other place 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 99(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 A(1) Driving on safety ramp or arrester bed (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 (1) Driving past "no trucks" sign - vehicle GMV exceeding permitted mass (2) Driving truck past "no trucks" sign vehicle or combination exceeding permitted length Page 22

23 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit 104() Driving truck past "no trucks" sign where no mass or length indicated 105 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 () Failing to continue left change of direction signal while on roundabout Page 2

24 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 24

25 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 (2A Making U-turn across certain dividing lines ) 15(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 14(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 25

26 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 (1) Driving on or across continuous white edge line 151(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 (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 ) 156(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 26

27 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 () 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) (1) Stopping on or near marked foot crossing (except at intersection) (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 27

28 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 (1A Stopping on painted island ) (1) Obstructing access to and from footpath ramp, etc (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 Stopping on road with "bicycle parking" sign Stopping on road with "motor bike parking" sign (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 (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 208A(1 Failing to park in road-related area (except Page 28