Driving and traffic offences are in place to make the roads safer for drivers and pedestrians. There are a range of offences that fall into this category. Some are less serious such as driving an unlicensed motor vehicle or failing to stop at a traffic light. Others are more serious such as drink driving or driving in a dangerous manner. There is also a range of penalties for these types of offences that reflect the seriousness of the behaviour.

In each state and territory traffic offences are dealt with by specific legislation:

• Victoria: Road Safety Act 1986 (Vic);
• New South Wales: Road Transport Act 2013 (NSW);
• Queensland: Transport Operations (Road Use Management) Act 1995 (Qld);
• South Australia: Road Traffic Act 1961 (SA);
• Western Australia: Road Traffic Act 1974 (WA);

• Tasmania: Vehicle and Traffic Act 1999 (Tas);

• Northern Territory: Traffic Act (NT); and
• Australian Capital Territory: Road Transport (Safety and Traffic Management) Act 1999 (ACT).

These laws are intended to increase public safety by encouraging safe driving behaviour and deterring people from committing traffic offences.

Most of these offences are what are called ‘strict liability’ offences. This means they have a lower level of culpability (fault) than other criminal offences. To be convicted of most criminal offences police need to prove you intended to commit the act and that it was not a mistake. For a strict liability offence it does not matter whether you made a mistake such as exceeding the speed limit accidentally. If you were speeding you will be guilty of a traffic offence regardless of your intention.

There is a range of penalties for driving and traffic offences depending on the seriousness of the offence. Many traffic offences are dealt with via an on-the-spot fine or a penalty notice mailed to your home. Offences dealt with in this way can be finalised without going to court. The penalties available for less serious offences include:

• a fine;
• a loss of demerit points; and
• licence cancellation or a period of suspension.

In more serious cases you will need to attend court to have your case finalised. The majority of traffic cases will be finalised in a lower court such as the Magistrates’ or Local Court. Very serious offences such as dangerous driving causing death will be dealt with in a higher court such as the District or County court.

Serious offences attract the full range of sentencing options including:

• a fine;
• a community based sentence; and
• imprisonment.

License suspension and disqualification is also possible. Each offence has a maximum penalty and will specify the maximum amount you can be fined or imprisoned if you are convicted.

Sometimes you may have a legal defence which means that you should not be convicted of a traffic offence. The law specifies what defences are available for driving and traffic offences. There are not many defences available for traffic offences and they are different in each jurisdiction.

This Legal Guide on Driving and Traffic Offences is for people in New South Wales who:

• have been issued with an infringement notice for a driving or traffic offence; or
• have or will be charged with a driving or traffic offence.

It provides information about what a driving or traffic offence is including the penalties and defences are available for this type of offence. It will explain how to deal with an infringement notice and what you can expect to happen when you go to court. It may also be instructive for people in other states and territories. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.