Road Transport & Accidents
9. Offences & Penalties
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 26 Aug 2015
- State and territory police are responsible for enforcing licensing, registration and road rules on Australian roads.
- There is a range of fines and penalties that can be issued by police to a road user. These are issued on the spot by police at the time an offence takes place or mailed to you at a later date.
- In certain circumstances police may immediately suspend or cancel a licence. For example if you are exceeding the NSW speed limit by more than 30km/hr as a probationary driver or if you have caused an accident resulting in death or grievous bodily harm to another person. An immediate suspension or cancellation can happen either on the spot or within 48 hours of the offence being committed.
- Any suspension of a licence by police is in place until you have had the matter heard before the court. It is possible to appeal against the suspension of a licence. Any appeal must be made within 28 days of the suspension starting. You should discuss your options with a lawyer prior to lodging an application with the court. You can use our free Find a Lawyer directory to contact a lawyer near you.
- Police can also issue demerit points associated with an offence. This is discussed in the chapter on demerit points.
- If the court disqualifies you from driving you are automatically disqualified. The court will advise your state or territory’s road transport authority and this disqualification will be on your record.
- You cannot operate a motor vehicle under any circumstances while disqualified or suspended.
- You will need to have your licence reissued in order to drive again at the end of your disqualification or suspension period.
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