Traffic offences and penalties (last updated May 2014) VICTIMS OF CRIME ACT 2001 (SA) p2 TIME LIMIT TO LAY COMPLAINTS p2 MOTOR VEHICLES ACT 1959 (SA) p3 MOTOR VEHICLES ACT REGULATIONS 2010 (SA) p9 CRIMINAL LAW (SENTENCING) ACT 1988 (SA) p 10 CRIMINAL LAW CONSOLIDATION ACT 1935 (SA) p 10 ROAD TRAFFIC ACT 1961 (SA) p 11 AUSTRALIAN ROAD RULES (SA) p 18 ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 1999 (SA) p 38 HEAVY VEHICLE NATIONAL LAW (SA) (EXPIATION FEES) REGULATIONS 2013 p 39 ROAD TRAFFIC (ROAD RULES-ANCILLARY AND MISCELLANEOUS PROVISIONS)REGULATIONS 1999 (SA) p 42 Traffic Penalties updated May 2014 Page 1 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 2003 (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is to be taken into account despite its subsequent withdrawal except if the notice of withdrawal specifies that it is withdrawn because— (a) the issuing authority has received a statutory declaration or other document sent to the authority by the alleged offender in accordance with a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). Traffic Penalties updated May 2014 Page 2 MOTOR VEHICLES ACT 1959 (SA) Registration Section 7(7) Offence Gaol Licence Fine EXP. Demerit 2 years - $10,000 - - Contravening/fail to comply with condition to which the delegation is subject (Registrar of Motor Vehicles and Deputy Registrars) 9(1) Drive unregistered (see also uninsured s.102) - - $7500 $335 - 9(3) Unregistered vehicle found standing on a road - - $7500 $335 - 12(2c) Drive agricultural machine on road without - - $750 - - Insurance - - $750 - - 16(9) Fail to carry permit allowing vehicle to be driven without registration - - $750 $123 - 16(11) Contravene permit requirements - - $750 $102 - 23A Sell motor vehicle without report lodged - - $750 - - 41(2) Misuse of vehicle reg. at reduced fees - - $750 - - 41(2a) Contravene/fail to comply with condition of - - $750 - - - - $2,500 $335 - registration/insurance and fails to provide public liability insurance 12B(3) Fail to produce evidence of public liability registration 43A(3) Causing or permitting unregistered heavy vehicle to be driven on road 43A(7) Failing to carry temporary configuration certificate in vehicle or to produce it for inspection by police officer or authorised officer - - $250 $50 - 44(4) Fail to notify of modifications etc. - - $750 - - 44(4a) Fail to comply with notice under sub-s (1a) - - $750 - - 47(1) Drive without number plate - - $5000 $619 - 47(1a) Registered owner/operator contravening duty to carry number plates - - $5000 $619 47A(7) 47B(2) Display improper plate Sell/supply number plate without authority - - $5000 $5000 $619 $619 - 47C(3) Failing to comply with direction of Registrar - - $5,000 $280 - 47D(1)(a) Drive bearing number plate not allotted to vehicle to return number plates - - $5000 $619 - 47D(1)(b) Drive bearing defaced/mutilated number plate - - $5000 $619 - 47D(1)(c) Drive bearing colourable imitation of number plate - - $5000 $619 - - - $5000 $619 - - - $5000 $619 47D(1)(d) Possession of number plate or resemblance without lawful excuse 47D(2) Registered owner/operator contravening duty to carry legible number plates Traffic Penalties updated May 2014 Page 3 Section Offence 48(1b) Failure to destroy previously issued label 48(3) Drive on road with heavy vehicle without Gaol Licence Fine EXP. Demerit - $250 Registration label - - $750 $123 directions at to reg. label - - $750 $123 52(3) Failure to return or destroy reg. label - - $750 - - 53 Drive invalid/ imitation/ altered reg. label - - $750 $119 - longer in force or issued in respect to another vehicle - - $750 $119 - - - $750 $119 - - - $750 $119 - - - $750 $119 - hold valid reg. label or permit - - $750 $119 - Fail to notify within 7 days of selling of vehicle or fail to give reg. papers to buyer - - $1250 $234 - 57 Where reg papers given to buyer fail to sign or notify within 7 days - - $1250 - - 66(2) Improper use of General Traders Plates Driver & Owner of the T/P each liable - - $1250 $119 - 70(2) Fail to surrender Traders Plates - - $750 - - 71(1) Not notify w/in 7 days of acquisition of T/Plates - - $750 - - 71B(2) Failure to return replacement plate, certificate or label - - $250 $119 Acting as qualified supervising driver while drunk/drug- - $1250 $243 Gaol Licence Fine EXP. Demerit - - $1250 $425 - - $2500 $5000 $5000 n/a - - - - 48(3a) Registered owner/operator fail comply with 53(1)(a) Drive vehicle with reg label or permit that is no 53(1)(b) Drive vehicle with reg label or permit that has been defaced/altered/mutilated 53(1)(c) Drive vehicle with colourable imitation of reg. label or permit 53(1)(d) Possess resemblance of reg. label or permit without lawful excuse 53(1a) 56 Registered owner/operator contravening duty to upon finding original 72A(2) Licences Section Offence 74(1) Drive without appropriate licence 74(2) Drive without licence (never authorised) Subsequent offence 1 yr 74(2a) Drive without licence having served disqual for 1 yr 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) - - Traffic Penalties updated May 2014 Page 4 Learners Permit Section Offence Gaol Licence Fine EXP. - - $1250 $1250 $1250 $327 $191 $327 - - Gaol Licence Fine EXP. Demerit -- $1250 $1250 $327 - Gaol Licence Fine EXP. Demerit 81A (13) Contravening condition of provisional license - - $1250 $327 81A(14) Must not exceed 100 km/h 75A(14) Contravening conditions of learner’s permit 75A(15) Drive motor bike or vehicle without ‘L’ plates - with only one ‘L’ plate - with no ‘L’ plates 75A(16) Must not exceed 100 kph Demerit Driver Impairments Section 80(5) 81(4) Offence Contravene condition or restriction of temporary driving permit Contravene endorsed condition ( pursuant s.81) - Provisional Licences Section Offence - - $1250 - (15)(a) Driving motor bike with no ‘P’ plate - - $1250 $327 - (15)(b) Driving with only 1 ‘P’ plate - - $1250 $191 (16) Must not drive high powered vehicle - - $1250 $327 - - $ 1250 $327 - 81AB(1)(a) must carry licence $ 1250 - - 81AB(1)(b) 0.0 alcohol $ 1250 - - 81AB(1)(c) incur 2 or demerit points $ 1250 - - Probational Licences (applied for after a period of disqualification) 81AB(5) Contravening condition of probationary licence - 81AB(3) minimum period of 12 mths or more if ordered by court 81AB(3a) if Interlock scheme, further condition to carry P plates 81B(1) 81B(3) (i) Breach Learner or Probationary conditions or incur 4 or more demerit points while holder of learner or provisional licence (ii) Breach Learner or Probationary conditions or incur 2 or more demerit points while holder of a Probationary licence Fail to attend lecture - $ 1250 6 mths - - - 6 mths - $750 $104 - - - n.p. n.p. - 81H(1) 81H(2) 82 Contravening conditions of mandatory alcohol interlock scheme $2500 Assisting holder of alcohol interlock scheme to operate vehicle $2500 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 83 If disqualified or suspended interstate, licence cancelled or suspended in SA 91(5) Drive susp./ disq. court may disq. or fine subsequent offence 6 mths 2 years - n.p. n.p. - Traffic Penalties updated May 2014 Page 5 Produce Licence Section Offence Gaol Licence Fine EXP. Demerit 96(1) 96(3) 97(1) Fail to produce lic. forthwith or within 48 hours Falsely claim to hold particular licence Fail to produce licence in court - - $1250 $750 $1250 $175 - - 97A(3) Foreign or interstate licence holder fail to carry lic. at all times/ fail to obtain SA licence - - $1250 $175 - - - $1250 $175 - Gaol Licence Fine EXP. Demerit - $750 $1250 $175 - 98AAA(1) Fail carry lic. driving heavy veh. Defence if within 80 kms of drivers farm and outside metro Adelaide Driving Instruction Section Offence 98AA 98AAB Driving instruct. must carry licence at all times Fail to carry learners, provisional or probationary licence 98AAD Possess falsely obtained licence/learner’s permit 98AAE unlawful alteration/damage to licence/learner’s permit 98AAF 98A $2500 Duty to notify Registrar of illness that may impair driving - $750 - - Accept fee etc. to teach person to drive without current motor driving instructor's licence - - $750 - - Gaol Licence Fine EXP. - 3, 4 or 5 mths Demerit Points Section Offence 98B(3) 98(4) $2500 void Demerit If convicted of 2 or more offences, only incur demerit points for the offence that attracts the most points If offence is trifling, court may reduce or not award any points 98BB Interstate points are included 98BC Within 3 yrs incur 12 or more demerit points 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 Traffic Penalties updated May 2014 Page 6 offence 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. - - $1250 - - 98H Breach conditions of T/T cert. - - $750 - - 98K Temp T/T cert. Breach - - $750 - - 98L Failure to comply form of cert - - $750 - - 98MA 98MC Failure to return cert Employer fails to give notice to reg. and/or allow unlicensed operator of tow truck Attend MVA w/out cert./ direction to attend - - $750 - - - - $750 $10,000 - - 98MD(4) Fail to leave scene of MVA - - $1250 - - 98ME Remove veh not accord with Act (3)(4)(5) not use shortest route/interfere/ alter (7)(9)(12)breach authority, breach police directions (13)(14) Driver/Op fail to complete, lodge & retain auth 98MF/MGStore veh. other than at reg. premises 98MH 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). 98MK Repairing, storing, quoting vehicle illegally 98ML Fail attach cert. to uniform/prod cert. forthwith 98N Contravention trade plates T/T 98O Unauthorised person in truck 98P(4) Assault, hinder, refuse or fail answer truth to inspector 98P(4a) Abuse threaten, insult language to inspector 98PA Fail attend/produce inform. when req. by Inspt. - - $10,000 $1250 $1250 $1250 $1250 $1250 - - - - $2500 $10,000 $750 $750 $750 - - - - $20,000 $750 $2500 - - Gaol Licence Fine EXP. - - $750 $750 - Gaol Licence Fine EXP. - $750 - - 98MD Disabled Parking Section Offence 98U 98V Falsely use disabled persons parking permit Fail return disabled parking permit on demand Demerit - Third Party Insurance Section Offence 3rd ppi conc holder must advise of change in circumstances affecting eligibility 99A(8)(a)Insurance remains in force 30 days after rego expires - Demerit 99A(7) - 102(1) 102(2) Drive Uninsured vehicle $10000 $619 Uninsured motor vehicle standing on a road $10000 $619 Under s.99A(8)(9, ins has 30 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 124(2) Fail notify ALLIANZ as soon as prac of MVA (time, place, circ, name/add of injured and witnesses) 3 mths Fail to cooperate with insurer - (3a) - - $250 - - - $1250 $5000 - - Traffic Penalties updated May 2014 Page 7 (4) (5) Fail give notice of claim to ALLIANZ as soon as prac Fail produce on demand lic, ins cert. to ALLIANZ - - $750 $750 - - (6) False or misleading info to prescribed people 12 mths - $50 000 - - (6a) False or misleading info to insurer 12 mths - $50 000 - - 124A(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 $460 127A(9) Charge over prescribed amount for medical services to a person with injury from vehicle - - $1250 - - 128(2) Does not comply with notice for information - - $750 - - 128(3) failure of insurer to give information to minister - upon request or furnish false information 134 Person acting on injury claim illegally $750 - - $750 - Gaol Licence Fine EXP. False or misleading statements etc pursuant to MVA (see also s38 RTA) 6 mths - $5000 - - Give or receive bribe etc pursuant to administration of MVA 6 mths - $2500 - - - - $1250 $1250 $172 $172 - 136(2a) Fail to notify change of business address - - $1250 $172 136(2b) Duty to notify change (garage address) (2c) Duty to notify change of operator - - $1250 $1250 $172 $172 - - - $1250 $172 - - - $750 - - Supplementary provisions. Section Offence 135 135A 136(1) (2) Fail to notify change of address within 14 days Duty to notify address (business ) (2d) Fail to notify change of postal address 137 Fail to truly answer re use of vehicle with Traders Plates or concession registration Demerit 137A Failure to provide evidence of design etc of motor vehicle 138 Obligation to provide information - - $750 $750 - - 138B Effect of dishonoured cheques - - $750 - - 139 Contravention code of practice for MV examiners - - $5000 - - 139BA Fail to produce licence or permit to Registrar following disq. - - $1250 - - 139D Breach confidentiality (administration) - - $5000 - - 139G Inspector uses offensive language or hinders/obstructs/ ** - uses/threatens to use force 143 $1250 Person who causes or permits contravention of MV Act 1959 is also guilty of that offence - ** expiation fee will be that prescribed for the expiable offence - liable to penalty for that offence Traffic Penalties updated May 2014 Page 8 MOTOR VEHICLES REGULATIONS 2010 Section Gaol Licence Fine EXP. not provide proof of public liability insurance - - $750 - - 32(1) Possess/display imitation traders plate - - $1250 - - 32(2) Sell/supply trade plates without Minister’s approval - - $1250 - - 36(1) Drive vehicle with number plate obscured - - $2500 $425 - 36(4) Drive vehicle with bike rack number plate obscured - - $2500 $425 - 45(9) Failure to carry/produce licence when driving - - $1250 - - 9(2) Offence Demerit Driving self-propelled elevating work platform without registration or insurance and does motor home 50(2) Drive vehicle with L plates if not learner driver - - $1250 - - 51(2) Drive vehicle with P plates if not holder of provisional/ - - $1250 - - - - $1250 - - Exemption - - $1250 - - Failure to carry or produce certificate of exemption - - $1250 $191 - - - $1250 - - - - $1250 - - - - $1250 - - -- in course of trade or business - - $2500 - - -- in any other case - - $1250 $283 - -- in course of trade or business - - $2500 - - -- in any other case - - $1250 $283 - - - $1250 - - - - $1250 - - probationary licence 55C Surrender certificate of exemption for high Powered vehicle certificate 55D 55E Comply with certificate for high powered vehicle while driving a high powered vehicle 55F Produce certificate for high powered vehicle Exemption 55G False or misleading evidence/statement to Receive high powered vehicle exemption certificate 55H Possession of altered/damaged certificate for high Powered vehicle exemption 74 75 Failure to notify Registrar of written-off vehicle etc Drive written-off vehicle on road 81A(16) Holder of P1 or P2 licence under age of 25 driving high powered vehicle 91 Alter, deface or destroy permit or label Traffic Penalties updated May 2014 Page 9 CRIMINAL LAW (SENTENCING) ACT 1988 (SA) Section 70M 70N Offence Gaol Licence Fine EXP. - - - - - - - - Gaol Licence Fine EXP. 15 yr Life 7 yr 10 yr min 10 yr min n.p - - 15 yr Life 10 yr min 10 yr min n.p n.p - - 5 yr 7 yr 5 yr 1 yr min 3 yr min - n.p n.p n.p. - - 15yrs Life 7 yrs 10 yr min 10 yr min - - - 5 yrs 7 yrs 5 yrs 1 yr min 3 yr min - - - Driving to escape police Basic offence Aggravated offence 3 yrs 5 yrs 2 yr min 2 yr min - - - Street Racing Basic Offence Aggravated/subsequent offence 3 yrs 5 yrs 1 yr min 3 yr min - - - n.p n.p - - Debtors driver's licence may be suspended to take effect 14 days from the day the determination was made Restrictions on conducting business with Reg of MV exemptions - transfer rego from debtor, renew rego where joint owner - Demerit CRIMINAL LAW CONSOLIDATION ACT 1935 (SA) Section Offence 19A(1) Death by dangerous driving 1st offence (basic) st 1 offence (aggravated) Not a motor vehicle/vessel 19A(3) Grievous injury by dangerous driving 1st offence (basic) st 1 offence (aggravated) 19A(3) Injury by dangerous driving of motor vehicle 1st offence (basic) st 1 offence (aggravated) Not a motor vehicle/vessel 19AB 19AB 19AC 19AD Leaving Acc scene – death/harm st 1 offence Subsequent offence Not a motor vehicle/vessel Leaving Acc scene – minor st 1 offence Subsequent offence Not a motor vehicle/vessel Illegal use/interference. 86A 1st offence subsequent (any period) 2 yrs 12 mth min 3 mth min/ 12 mth min 4 yrs max Demerit 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. Traffic Penalties updated May 2014 Page 10 ROAD TRAFFIC ACT 1961 (SA) Section Description of offence against Act Gaol Licence Fine Exp. Demerit 21(1) Offences relating to traffic control devices - 5000 - - 33(9) 40 40H(5) 40I(2) 40J(3) 40K(5) Disobey police special occasion Return of identification cards 12 mths - - 2500 2500 5000 5000 5000 5000 247 - 40V(4) 40W(4) 40X(3) 40Y(5) 41M 41N 43(1) 44A 44B 45 45A 46 47 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 600 247 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 Impersonating authorised officers Failing to stop and give assistance min immediately 12mths 5 yrs after accident involving injury or death Procuring use of a vehicle by fraud 6 mths Misuse of Motor Vehicle Driving without due care or attention, etc. - For a basic offence 12 min - For an aggravated offence mths 6 mths Excessive speed (over 45Kmh) 1st offence Subsequent offence (within 5 yrs) If vehicle being driven is a road train driven on prescribed road In any other case Reckless and dangerous driving Subsequent offence (within 5 yrs) Driving under influence First offence 3 3 3 6 mths 2yrs 5000 5000 10 000 10 000 10 000 664 664 600 600 10 000 300 - 5 - 4 3 2500 11001500 9 12001700 1030 927 2 yrs 12 mths 3 yrs min 3 mths min 6 1100- - 6 Traffic Penalties updated May 2014 Page 11 Subsequent offence 47B 6 mths Where vehicle is not a motor vehicle, eg bicycle Driving whilst having prescribed concentration of alcohol in blood Category 1 offence - 0.05 to 0.079 First offence Category 1 offence - 0.05 to 0.079 Second offence Category 1 offence - 0.05 to 0.079 Third offence Category 1 offence - 0.05 to 0.079 Subsequent offence Category 2 offence – 0.08 to 0.149 First offence Category 2 offence – 0.08 to 0.149 Second offence Category 2 offence – 0.08 to 0.149 Third offence Category 2 offence – 0.08 to 0.149 Subsequent offence Category 3 offence – 0.15 over First offence Category 3 offence – 0.15 over Second offence Category 3 offence – 0.15 over Third offence Category 3 offence – 0.15 over Subsequent offence 47BA - - 12mths min 3 years - 1600 19002900 500 Min 3 mths min 6 mths 1100 Min 9 mths - min 12 mths - min 6mths - Min 12 mths - - Min 2 yrs Min 2 yrs min 12mths Min 3 yrs Min 3 yrs Min 3 yrs Second offence Third offence Subsequent offence 6 - - 548 4 1100 4 1100 4 1100 4 9001300 - 5 11001600 - 5 1500-2200 - 5 1500-2200 - 5 11001600 - 6 1600-2400 6 1900-2900 6 1900-2900 6 Driving with prescribed drug in oral fluid or blood First offence - 548 Min 900-1300 3 mths Min 6 mths 1100-1600 Min 12 mths 1500-2200 Min 1500-2200 2 yrs 4 4 4 4 Traffic Penalties updated May 2014 Page 12 47E(2a) 47E(3) 47EAA(4) 47EAA(9) Failing to comply with subsection 2 direction Refusing or failing to comply with direction of a member of police force in relation to alcotest or breath analysis - First Offence 2900 - - Subsequent Offence - min 12 mths Min 3 yrs Failing to comply with subsection 3 direction (drug screening test/oral fluid analysis and blood test) Refuse/fail to comply with drug screening test/oral fluid analysis and blood test -First Offence - - - - 47IA 47J 53B(1) - 6 - 6 6 9001300 15002200 -Subsequent Offence 47I(14) 11001600 19002900 2900 Refusing or failing to comply with request to submit to taking of sample of blood involved in accident - First Offence - - Subsequent Offence - min 12mths min 3yrs 11001600 19002900 500 250 - 6 - 6 In any other case 6 Failing of certain offenders to attend lectures Alcoholic assessments If person convicted of a prescribed offence (ss.47(1),47B (not .05-.079 offence) ,47E or 47I) committed in the prescribed area (Adelaide metro. area) within 3 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(3), 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 2500 384 jammer for sale Traffic Penalties updated May 2014 Page 13 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 30kph by 30 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 30kph by 30 kph or more In any other case (body corporate) If red light 3 5000 4000 4000 In any other case (private) 79C 82(1) 83(1)(a) Interfering with photographic detection devices Speeding while passing school bus 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 30 kph By more than 30 kph 3000 12 mths - 5000 Amount equal to sum in alleged offences + 600 Amount equal to sum in alleged offences 2 3 5 7 2 3 5 7 Amount equal to sum in alleged offences + 300 Amount equal to sum in alleged offences - - 2500 - - 2500 2500 2500 155 340 690 824 2 3 5 7 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 by 10 kph or more but less than 20 kph - - 2500 2500 155 340 2 3 by 20 kph or more but less than 30 kph - - 2500 690 5 824 7 By more than 30 kph Traffic Penalties updated May 2014 Page 14 83(1)(b) 83A(1) 83A(2) 85(2) 87 91(3) 95 99A 99B Speeding past an emergency vehicle (40) Exceeding lesser speed required to avoid endangering person while passing an emergency vehicle Standing, etc. or placing goods or sign on carriageway, dividing strip or traffic island for purpose of soliciting business, etc. Buying or offering to buy goods from person standing, etc. on carriageway, etc. in contravention of rule 83A(1) 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 Riding on vehicle without consent of driver Bicycle rider riding on footpath or other road-related area failing to give warning to pedestrians etc. Riding wheeled recreational device or toy without due care or attention etc. - 99B(3) 107 108(1) 110 110C(1) 110C(2) 110C(3) - - 2500 Depositing certain articles or materials on road Failing to keep whole of vehicle on sealed surface when driving on sealed road Manufacturing a motor vehicle or trailer without a vehicle identification plate 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 committed in course of trade or business Driving vehicle not bearing ID plate 3 93 - - 2500 93 - - 2500 - - 2500 110 - - - 2500 44 - - - 2500 300 3 - - 2500 93 - - 52 - - 2500 - - - 2500 340 52 riding on road in any other case 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. - - - 2500 52 - - - 2500 2500 218 208 - - - 2500 93 3 - - 2500 - - 2500 1250 - - 1250 - 243 243 - Traffic Penalties updated May 2014 Page 15 110C(5) Knowingly displaying a false vehicle identification plate 2 yrs - 10 000 - - 110C(6) Knowingly displaying a false vehicle identification number 2 yrs - 10 000 - - 110C(8) Removing, altering, defacing, obliterating a vehicle identification plate 12 mths - 5000 - - 12 mths - 5000 - - 6 mths - 2500 - - 12 mths - 5000 - - 12 mths - 5000 - - 2500 568 2500 568 362 110C(9) 110C(10) 110C(11) 110C(12) 116 117 118 118(1) 119 123 124 145(3) 145(5f) 145(6) 161A(1) 162C(1) 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 Meaning of breach of vehicle standards Breach light vehicle standards (driver) Breach of vehicle standards (operator) Disobey rule 155 vehicle standards Any other contravention of section 118(1) Meaning of breach Mass, dimensions etc 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. 2500 200 400 200 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. 2500 200 400 200 Failing to comply with police direction for vehicle inspection Defacing or removing defect label Driving/selling contrary to terms of defect Driving of certain vehicles subject to Ministerial approval Riding without helmet (bicycle etc) 247 373 533 - - 2500 269 93 3 - Traffic Penalties updated May 2014 Page 16 162C(2) 164A 165 166 167(1) 168 169A 170 172(1) 172(2) 173(1) 173(2) 173(3) 174AB 174B 174G (3) & (4) 174H 174K Riding with child – child without helmet Penalties If no penalty stated, shall be liable to penalty not exceeding $2500 False statements 6 mths 10 000 No double jeopardy Causing or permitting the commission of an expiable offence against the Road Traffic Act 1961 or these regulations 2500 93 - - Expiation fee prescribed for expiable offence 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. Court may order disqualification to start at any time. If court satisfied a person used a vehicle in commission of any offence, it may order disqualification. 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.) Application may not be made within 3 months of disqualification. or previous application. 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 750 purposes Further offence for continued parking 500 45 contravention Dismissal or other victimisation of 10 000 employee or contractor assisting with or reporting breaches False or misleading information provided 10 000 between responsible persons Proposing contracting out any provision 10 000 or operation of the Act Traffic Penalties updated May 2014 Page 17 THE AUSTRALIAN ROAD RULES Rule 20 Description of offence against ARR Speeding Gaol Licence Fine EXP. Demerit by less than 10kph - - 2500 155 2 by 10 kph or more but less than 20 kph - - 2500 340 3 690 5 Exceeding applicable speed-limit on length of road— by 20 kph or more but less than 30 kph by 30 kph or more 27(1) 28(1) Failing to keep left when starting left turn (from other than multi-lane road) Failing to keep within left lane when starting left turn on multi-lane road - - 2500 824 7 - - 2500 289 2 - - 2500 289 2 2 28(1A) Failing to use slip lane when starting left turn on multi-lane road - - 2500 289 28(2A) Bicycle rider starting left turn on multi-lane road from incorrect position in bicycle storage area - - 2500 52 - - 2500 289 - - 2500 289 - - 2500 289 Bicycle rider starting right turn on multi-lane road from incorrect position in bicycle storage area - - 2500 52 2 33(1) Making right turn at intersection incorrectly - - 2500 289 2 34(1) Making hook turn at "hook turn only" sign incorrectly - - 2500 260 2 35(2) Bicycle rider making hook turn at intersection with "no hook turn only" sign, etc. incorrectly - - 2500 52 - 36 Bicycle rider making hook turn contrary to "no hook turn by bicycles sign" - - 2500 52 - 37 Starting U-turn without clear view, etc. - - 2500 346 2 38 Failing to give way when making U-turn - - 2500 346 3 39(1) Making U-turn contrary to "no U-turn sign" at break in dividing strip - - 2500 325 2 29(1) 31(1) 32(1) 32(2A) 39(2) Failing to make left turn as indicated by turn line Starting right turn incorrectly (from other than multi-lane road) Failing to keep within right lane when starting right turn (on multi-lane road) Making U-turn contrary to "no U-turn sign" on length of road Traffic Penalties updated May 2014 Page 18 2 2 2 2 Rule 40 41 Description of offence against ARR Making U-turn at intersection with traffic lights and "no U-turn permitted" sign Making U-turn at intersection without traffic lights and without "U-turn permitted" sign Gaol Licence Fine EXP. Demerit - - 2500 325 2 - - 2500 325 2 - - 2500 325 2 42 Starting U-turn at intersection from incorrect position - - 2500 346 2 46(1) Failing to give left change of direction signal before turning left - - 2500 283 2 46(4) Failing to stop giving left change of direction signal after turning left - - 2500 190 2 48(1) Failing to give right change of direction signal before turning right - - 2500 283 2 48(4) Failing to stop giving right change of direction signal after turning right - - 2500 190 2 51 Using direction indicator lights when not permitted - - 2500 190 2 53(1) Failing to give stop signal before stopping or suddenly slowing - - 2500 283 2 53(2) Failing to give sufficient warning of stopping - - 2500 283 2 53(3) Failing to give stop signal while slowing - - 2500 283 2 56(1) Failing to stop for red traffic light - - 2500 416 3 56(2) Failing to stop for red traffic arrow - - 2500 416 3 57(1) Failing to stop for yellow traffic light - - 2500 416 3 57(2) Failing to stop for yellow traffic arrow - - 2500 416 3 57(3) Failing to leave intersection showing yellow traffic light or arrow - - 2500 416 3 59(1) Proceeding through red traffic light - - 2500 416 3 60 Proceeding through red traffic arrow - - 2500 416 3 60A(1) Proceeding through bicycle storage area before red traffic light - - 2500 325 3 60A(2) Proceeding through bicycle storage area before red traffic arrow - - 2500 325 3 61(2) Failing to stop at intersection when traffic lights or arrows change to yellow or red - - 2500 416 3 61(5) Failing to leave intersection when traffic lights or arrows change to yellow or red - - 2500 416 3 62(1) Failing to give way when turning at intersection with traffic lights - - 2500 384 3 - - 2500 384 3 63(2) Failing to give way at intersection with Traffic Penalties updated May 2014 Page 19 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit - - 2500 384 3 - - 2500 384 3 - - 2500 353 3 - - 2500 93 3 - - 2500 93 3 - - 2500 384 3 - - 2500 325 3 - - 2500 384 3 - - 2500 384 3 - - 2500 325 3 - - 2500 384 3 - - 2500 384 3 - - 2500 346 3 - - 2500 346 3 - - 2500 190 3 2500 190 3 traffic lights not operating or only partly operating—where traffic light-stop sign 63(3) 64 65(2) 66(1) 66(4) 67(1) 68(1) 69(1) 70 71(1) 72(1) Failing to give way at intersection with traffic lights not operating or only partly operating—where no traffic light-stop sign Failing to give way at flashing yellow traffic arrow at intersection Failing to give way at marked foot crossing (except at intersection) with flashing yellow traffic light Failing to stop for twin red lights (except at level crossing) Proceeding after stopping for twin red lights (except at level crossing) Failing to stop and give way at stop sign or stop line at intersection without traffic lights Failing to stop and give way at stop sign or stop line at other place Failing to give way at give way sign or give way line at intersection Failing to give way at give way sign at bridge or length of narrow road Failing to give way at give way sign or give way line at other place Failing to give way at intersection (except T-intersection or roundabout) 73(1) Failing to give way at T-intersection 74(1) Failing to give way when entering road from road-related area or adjacent land 75(1) 76(1) Failing to give way when entering road-related area or adjacent land from road 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 77(1) Failing to give way to bus - - 2500 190 3 78(1) Moving into path of police or emergency vehicle - - 2500 384 3 Traffic Penalties updated May 2014 Page 20 Rule 78(2) 79(1) 80(1) Description of offence against ARR Failing to give way to police or emergency vehicle Driving near children’s crossing at speed at which driver can not stop safely Failing to stop at children's crossing 80(3) Failing to obey hand-held stop sign at children's crossing 81(1) Licence Fine Failing to move out of path of police or emergency vehicle ..................................................................................... 2500 80(2) 80(4) Gaol Proceeding while pedestrian on children's crossing Driving near pedestrian crossing at speed at which driver cannot stop safely 81(2) Failing to give way at pedestrian crossing 82 Overtaking or passing vehicle at children's crossing or pedestrian crossing Failing to give way to pedestrian in shared zone 84(1) Failing to give way when driving through break in dividing strip Demerit 384 3 - - 2500 384 3 - - 2500 - 3 - - 2500 384 3 - - 2500 325 3 - - 2500 384 3 - - 2500 - - 2500 353 3 2500 364 3 83 EXP. - - 3 - - 2500 304 3 - - 2500 346 3 85 Failing to give way on painted island - - 2500 325 3 86(1) Failing to give way in median turning bays - - 2500 346 3 87(1) Failing to give way when moving from side of road - - 2500 312 3 - - 2500 312 3 - - 2500 325 2 - - 2500 325 2 - - 2500 325 2 Failing to turn right when in right lane at intersection with "right lane must turn right" sign - - 2500 325 2 Turning at intersection with "no turn" sign - - 2500 325 2 87(3) 88(1) 88(2) 89(1) 89(2) 90 Failing to give way when moving from median strip parking area Failing to turn left at intersection with "left turn only" sign Failing to turn left when in left lane at intersection with "left lane must turn left" sign Failing to turn right at intersection with "right turn only" sign Traffic Penalties updated May 2014 Page 21 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 - - 2500 325 2 91(2) Turning at intersection or other place with "no right turn" sign - - 2500 325 2 92(1) Failing to drive in direction indicated by traffic lane arrows 93(1) 94 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 3 - - 2500 325 - - 2500 325 2 - - 2500 325 2 - 2500 325 3 - 2500 325 3 - - 2500 325 3 95(1) Driving in emergency stopping lane - 96(1) Stopping on area of road marked with keep clear marking - 97(1) Driving on length of road where "road access" sign applies 98(1) Driving in wrong direction on length of road where "one-way" sign applies - - 2500 384 3 99(1) Failing to drive to left of "keep left" sign - - 2500 325 3 99(2) Failing to drive to right of "keep right" sign - - 2500 325 3 100 Driving past "no entry" sign - - 2500 325 3 101(1) Failing to stop before hand-held stop sign - - 2500 325 3 101(2) Proceeding after stopping for hand-held stop sign - - 2500 325 3 101A(1) Driving on safety ramp or arrester bed 102(1) Driving past "clearance" or "low clearance" sign 103(1) Driving past "bridge load limit (gross mass)" or "gross load limit" sign—vehicle exceeding gross mass indicated by sign 103(2) 104(1) 104(2) Driving past "bridge load limit (mass per axle group)" sign—vehicle axle group carrying mass exceeding mass indicated by sign Driving past "no trucks" sign - vehicle GMV exceeding permitted mass Driving truck past "no trucks" sign—vehicle or combination exceeding permitted length 2500 - - 2500 3 325 325 3 3 - - 2500 325 - - 2500 325 - - 2500 325 3 3 3 - - 2500 325 Traffic Penalties updated May 2014 Page 22 Rule Description of offence against ARR 104(3) Driving truck past "no trucks" sign where no mass or length indicated 105 106(1) Failing to enter area indicated by "trucks must enter" sign 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(3) Driving bus past "no buses sign" where no mass or length indicated 107 108(1) 111(1) 112(2) 112(3) Failing to enter area indicated by "buses must enter" sign Failing to drive truck or bus in low gear on length of road where "trucks and buses low gear" sign applies Failing to enter roundabout from multi-lane road or road with 2 or more lines of traffic travelling in same direction correctly Failing to give left change of direction signal when entering roundabout Failing to continue left change of direction signal while on roundabout Gaol Licence Fine EXP. Demerit 3 - - 2500 325 3 - - 2500 325 3 - - 2500 325 - - 2500 325 3 3 - - 2500 325 3 - - 2500 325 3 - - 2500 325 3 - - 2500 325 - - 2500 283 2 - - 2500 283 2 Traffic Penalties updated May 2014 Page 23 Rule Description of offence against ARR 113(2) Failing to give right change of direction signal when entering roundabout 113(3) 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) 116 117(1) 117(2) 118(1) 118(2) 119 121 122 123 124 125(1) 126 127(1) Failing to drive in roundabout to left of central traffic island Failing to obey traffic lane arrows when driving in or leaving roundabout Failing to give left change of direction signal when changing marked lanes or lines of traffic in roundabout Failing to give right change of direction signal when changing marked lanes or lines of traffic in roundabout Failing to give left change of direction signal when leaving roundabout Failing to stop left change of direction signal after leaving roundabout Failing to give way by rider of bicycle or animal to vehicle leaving roundabout Failing to stop and give way at stop sign at level crossing Failing to give way at give way sign or give way line at level crossing Entering level crossing when train or tram is approaching, etc. Failing to leave level crossing as soon as safe to do so Unreasonably obstructing path of other driver or pedestrian Failing to keep safe distance behind other vehicles Gaol Licence Fine EXP. Demerit - - 2500 283 2 2500 283 2 - - - - 2500 384 3 - - 2500 384 3 - - 2500 384 2 - - 2500 325 3 - - 2500 283 2 - - 2500 283 2 - - 2500 283 2 - - 2500 283 2 - - 2500 52 3 - - 2500 416 3 - - 2500 416 3 - - 2500 416 3 - - 2500 416 3 - - 2500 104 - - - 2500 300 1 Failing to keep required minimum distance Traffic Penalties updated May 2014 Page 24 Rule Gaol Licence Fine EXP. Demerit behind long vehicle - - 2500 218 1 128 Entering blocked intersection - - 2500 222 3 128A Entering blocked crossing - - 2500 222 3 129(1) Failing to keep to far left side of road - - 2500 273 2 130(2) Driving in right lane on certain multi-lane roads - - 2500 231 2 131(1) Failing to keep to left of oncoming vehicles - - 2500 304 2 132(1) Failing to keep to left of centre of road - - 2500 346 2 132(2) Failing to keep to left of dividing line— dividing line formed by 2 parallel continuous lines - - 2500 346 3 - - 2500 346 2 - - 2500 346 3 - - 2500 288 3 - - 2500 288 2 132(2) Description of offence against ARR Failing to keep to left of dividing line—any other dividing line 132(2A ) Making U-turn across certain dividing lines 135(1) Failing to keep to left of median strip 136 Driving in wrong direction on one-way service road 137(1) Failing to keep off dividing strip - - 2500 218 - 138(1) Failing to keep off painted island - - 2500 231 - 140 Overtaking when not safe to do so - - 2500 273 2 141(1) Driver overtaking to left of other vehicle - - 2500 300 2 141(2) Bicycle rider overtaking to left of vehicle turning left - - 2500 52 2 142(1) Overtaking to right of vehicle turning right - - 2500 312 2 143(1) Passing or overtaking to left of turning left vehicle displaying "do not overtake turning vehicle" sign - - 2500 187 2 - - 2500 187 2 - - 2500 187 2 143(1A ) Passing or overtaking to left of vehicle displaying “do not overtake turning vehicle” sign 143(2) Passing or overtaking to right of turning right vehicle displaying "do not overtake turning vehicle" sign 144 Failing to keep safe distance when overtaking - - 2500 273 2 145 Increasing speed while being overtaken - - 2500 271 2 146(1) Failing to drive within single marked lane - - 2500 231 3 146(2) Failing to drive within single line of traffic - - 2500 231 3 147 Moving from one marked lane to another Traffic Penalties updated May 2014 Page 25 Rule Description of offence against ARR marked lane across continuous line 148(1) 148(2) Failing to give way when moving from one marked lane to another marked lane 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 151(1) Riding motor bike or bicycle alongside more than 1 other rider on non multi-lane road 151(2) 151(4) Riding motor bike or bicycle alongside more than 1 other rider in marked lane Riding motor bike or bicycle more than 1.5 metres from another rider Gaol Licence Fine EXP. Demerit - - 2500 231 - - - 2500 298 3 - - 2500 298 3 - - 2500 298 3 - - 2500 298 3 - - 2500 93 - - - 2500 93 3 3 - - 2500 93 3 - - 2500 93 Driving in marked lane to which overhead lane control device applies—failing to comply with rule - - 2500 325 3 153(1) Driving in bicycle lane - - 2500 239 - 154(1) Driving in bus lane - - 2500 239 - 155(1) Driving in tram lane - - 2500 239 3 155A(1 ) Driving in tramway - - 2500 239 3 156(1) Driving in transit lane - - 2500 239 - 157(1) Driving in truck lane - - 2500 239 - 159(1) Driving in marked lane required to be used by particular kinds of vehicles - - 2500 239 - - - 2500 300 2 - - 2500 300 2 - - 2500 300 2 - - 2500 300 2 152(1) 160(2) 160(3) 161(2) 161(3) Passing or overtaking to right of tram not at or near far left side of road Passing or overtaking left turning, etc. tram not at or near far left side of road Passing or overtaking to left of tram at or near the left side of road Passing or overtaking tram turning right or giving right change of direction signal Traffic Penalties updated May 2014 Page 26 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit 162(1) Driving past safety zone - - 2500 384 3 163(1) Driving past rear of stopped tram - - 2500 384 3 164(1) Failing to give way to pedestrians crossing road near stopped tram - - 2500 384 3 167 Stopping where "no stopping" sign applies - - 2500 85 - 168(1) Stopping where "no parking" sign applies - - 2500 68 - 169 Stopping on road with continuous yellow edge line - - 2500 85 - - - 2500 85 - - - 2500 85 - - - 2500 85 - - - 2500 85 - - - 2500 85 - 2500 85 - 170(1) Stopping in intersection 170(2) Stopping within 20 metres of intersection with traffic lights 170(3) Stopping within 10 metres of intersection without traffic lights 171(1) Stopping on or near children's crossing 172(1) Stopping on or near pedestrian crossing (except at intersection) 173(1) Stopping on or near marked foot crossing (except at intersection) - - 174(2) Stopping at or near bicycle crossing lights (except at intersection) - - 175(1) Stopping on or near level crossing - - 2500 85 - 176(1) Stopping on clearway - - 2500 239 - 177(1) Stopping on freeway - - 2500 239 - 178 Stopping in emergency stopping lane - - 2500 239 - 179(1) Stopping in loading zone - - 2500 60 - 179(2) Stopping in loading zone—exceeding time in loading zone - - 2500 60 - 85 180(1) Stopping in truck zone - - 2500 60 - 181(1) Stopping in works zone - - 2500 60 - 182(1) Stopping in taxi zone - - 2500 114 - 183(1) Stopping in bus zone - - 2500 114 - 184(1) Stopping in minibus zone - - 2500 85 - 185(1) Stopping in permit zone - - 2500 60 - 186(1) Stopping in mail zone - - 2500 60 - 187(1) Stopping in bus lane, transit lane or truck lane - - 2500 239 - 187(2) Stopping in bicycle lane - - 2500 239 - 187(3) Stopping in tram lane or tramway or on - - 2500 239 - Traffic Penalties updated May 2014 Page 27 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit tram tracks 188 Stopping in shared zone - - 2500 60 - 189(1) Double parking - - 2500 85 - 190(1) Stopping in or near safety zone - -- 2500 60 - 191 Stopping near obstruction - - 2500 104 - 192(1) Stopping on bridge, causeway, ramp or similar structure - - 2500 85 - 192(2) Stopping in tunnel or underpass - - 2500 104 - 193(1) Stopping on crest or curve outside built-up area - - 2500 104 - 194(1) Stopping near fire hydrant, etc. - - 2500 68 - 195(1) Stopping at or near bus stop - - 2500 85 - 196(1) Stopping at or near tram stop - - 2500 85 - 197(1) Stopping on path, dividing strip or nature strip - - 2500 85 - 197(1A ) Stopping on painted island - - 2500 85 - 198(1) Obstructing access to and from footpath ramp, etc. - - 68 - 2500 198(2) Obstructing access to and from driveway, etc. - - 2500 68 - 199(1) Stopping near postbox - - 2500 85 - 200(1) Stopping heavy or long vehicle on road outside built-up area except on shoulder of road - - 2500 104 - 200(2) Stopping heavy or long vehicle on road in built-up area for longer than permitted time - - 2500 104 - 201 Stopping on road with "bicycle parking" sign - - 2500 60 - 202 Stopping on road with "motor bike parking" sign - - 2500 60 203(1) Stopping in parking area for people with disabilities - - 2500 330 - 203A Stopping in slip lane - - 2500 85 - 205(1) Parking for longer than indicated where "permissive parking" sign applies - - 2500 45 - 207(2) Failing to pay fee, etc. for parking where fees payable............................................................................................... 2500 - 45 - 208(1) 208A(1 Failing to park on road (except in median strip parking area) in accordance with rule—parallel parking - - 2500 60 Failing to park in road-related area (except - - 2500 60 Traffic Penalties updated May 2014 Page 28 Rule Description of offence against ARR ) 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) 211(2) 211(3) 212(1) Failing to park in accordance with rule— angle parking 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 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) 217(1) Failing to use lights when towing vehicle at night or in hazardous weather conditions Using fog lights when not driving in fog or other hazardous weather conditions Gaol Licence - - - - - - - - - - - - - Fine EXP. Demerit 60 - 60 - 2500 45 - 2500 45 - 104 - 2500 104 - - 2500 218 1 - - 2500 125 1 - - 2500 218 - 2500 2500 2500 218(1) Using headlights on high-beam - - 2500 218 1 219 Using lights to dazzle other road users - - 2500 218 1 220(1) Stopping vehicle on road at night—failing to operate lights - - 2500 218 - 221 Using hazard warning lights - - 2500 115 - 223 Riding animal-drawn vehicle at night or in hazardous weather conditions —failing to operate lights - - 2500 52 - 224 Using horn or similar warning device - - 2500 165 - 225(1) Driving vehicle with radar detector or similar device in or on vehicle or trailer - - 2500 384 Having possession of radar detector or similar device while travelling in or on vehicle or trailer - - 2500 384 - - - 2500 93 - - - 2500 93 - 225(2) 226(1) 226(2) Driving heavy vehicle not equipped with portable warning triangles Failing to produce warning triangles on Traffic Penalties updated May 2014 Page 29 - Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit - - 2500 93 - - - 2500 93 - - - 2500 44 - - - 2500 44 - - - 2500 44 - - - 2500 44 - - - 2500 44 - - - 2500 44 - 2500 44 - demand 227(2) 227(3) Failing to use portable warning triangles— vehicle stopped on road Failing to use portable warning triangles— fallen load 228 Pedestrian passing "no pedestrians" sign 229 Pedestrian on road to which "road access" sign applies 230(1) Failing to cross road in accordance with rule 231(1) Failing to cross road with pedestrian lights in accordance with rule 232(1) 232(3) 232(4) 233(1) 233(2) 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 Crossing road at traffic lights—failing to remain in safety area Crossing road to get on tram—crossing before tram stops at tram stop Crossing road from tram—failing to comply with rule 234(1) Crossing road near crossing for pedestrians 234(2) Pedestrian staying on road longer than necessary to cross road 235(1) Crossing level crossing 235(2) Crossing level crossing while warning lights flashing, etc - - 2500 44 - - - 2500 44 - - - 2500 44 - - - 2500 44 - - - 2500 44 - - - 2500 44 - 235(2A ) Failing to finish crossing level crossing in accordance with rule if warning lights start flashing etc - - 2500 44 - 235A(2 ) Crossing pedestrian level crossing while there is a red pedestrian light - - 2500 44 - 235A(3 ) Failing to finish crossing pedestrian level crossing in accordance with rule if red pedestrian light appears - - 2500 44 - 236(1) Pedestrian causing traffic hazard - - 2500 44 - Traffic Penalties updated May 2014 Page 30 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit 236(2) Pedestrian causing obstruction - - 2500 44 - 237(1) Getting on or into moving vehicle - - 2500 164 - 238(1) Pedestrian travelling along road—failing to use footpath - 2500 44 Pedestrian travelling along road—failing to keep to side or face approaching traffic or walking abreast - - 2500 44 - - - 2500 44 - - - 2500 44 - - - 2500 52 - - 2500 52 - - - 2500 52 - - - 2500 52 - Travelling in or on wheeled recreational device or toy on road—failing to keep to left or travelling abreast - - 2500 52 - Travelling in or on wheeled recreational device or toy on footpath or shared path— failing to keep left or give way - - 2500 52 - 2500 52 - 238(2) 239(1) 239(3) 239A 240(1) 240(2) 240(3) 241(1) 242(1) 243(1) 243(2) 244(1) 244(2) 244(3) 244B Pedestrian on bicycle path or separated footpath Pedestrian on bicycle path or separated footpath—failing to keep out of path of bicycle, etc. Travelling in or on wheeled recreational device or wheeled toy past “no wheeled recreational devices or toys” sign Travelling in or on wheeled recreational device or wheeled toy on certain types of roads Travelling in or on wheeled recreational device at night or during certain times Travelling in or on wheeled toy on certain road or during certain times Travelling on rollerblades, etc. on bicycle path or separated footpath - - -- - Travelling on rollerblades, etc. on bicycle path etc.—failing to keep out of path of bicycle - - 2500 52 - Travelling in or on wheeled recreational device or wheeled toy that is being towed by vehicle - - 2500 52 - Travelling in or on wheeled recreational device or wheeled toy while holding onto moving vehicle - - 2500 93 - Travelling in or on wheeled recreational device or wheeled toy too close to rear of moving motor vehicle - - 2500 52 - 2500 93 Travelling on motorised scooter—failing to wear bicycle helmet Traffic Penalties updated May 2014 Page 31 Rule Description of offence against ARR Gaol Licence Fine EXP. 244C Travelling on motorised scooter on road or road-related area - - 2500 93 245 Riding bicycle not in accordance with rule - - 2500 52 - 246(1) Carrying on bicycle more persons than bicycle designed to carry - - 2500 52 - Passenger on bicycle—passenger failing to sit in passenger seat - - 2500 246(3) Riding bicycle with passenger not sitting in passenger seat - - 2500 52 - 247(1) Failing to ride in bicycle lane on road - - 2500 52 - 247A(1 ) Bicycle rider failing to enter bicycle storage area correctly at intersection with red traffic light or arrow - - 2500 52 2 247B(1 ) Bicycle rider failing to give way when entering bicycle storage area - - 2500 52 3 247B(2 ) 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 - - 2500 52 3 248(1) Riding bicycle across road on children’s crossing or pedestrian crossing - - 2500 52 - - - 2500 52 - - - 2500 52 - - - 2500 44 - - - 2500 52 - - - 2500 52 - - - 2500 52 - 246(2) 248(2) Riding bicycle across road on marked foot crossing 249 Riding bicycle on separated footpath 250(1) Riding bicycle on footpath or shared path if prohibited by another law 250(2) 251 252(1) 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 Riding bicycle where "no bicycles" sign or no bicycle road markings applies Demerit 52 - 253 Bicycle rider causing traffic hazard - - 2500 52 - 254(1) Bicycle being towed—riding towed bicycle - - 2500 52 - 254(2) Bicycle rider holding onto moving vehicle - - 2500 93 - 255 Riding bicycle too close to rear of motor vehicle - - 2500 52 - 256(1) Riding bicycle—rider failing to wear bicycle Traffic Penalties updated May 2014 Page 32 Rule Gaol Licence Fine EXP. Demerit helmet - - 2500 93 - 256(2) Passenger on bicycle—passenger failing to wear bicycle helmet - - 2500 93 - 256(3) Riding bicycle with passenger not wearing bicycle helmet - - 2500 93 - 257(1) Riding with person on bicycle trailer - - 2500 52 - 258 Riding bicycle not equipped with brake or warning device - - 2500 52 - - - 2500 52 - - - 2500 52 3 - - 2500 52 3 259 260(1) 260(2) 261(1) 262(1) Description of offence against ARR Riding bicycle at night or in hazardous weather conditions without displaying lights, etc. Failing to stop bicycle for red bicycle crossing light Proceeding after stopping for red bicycle crossing light—proceeding before light changes, etc. Failing to stop bicycle for yellow bicycle crossing light 3 - - 2500 52 Bicycle rider proceeding when bicycle crossing lights change—failing to cross in accordance with rule - - 264(1) Failing to wear seatbelt—driver - - 2500 324 3 265(1) Failing to wear seatbelt—passenger 16 years old, or older - - 2500 324 3 $324 3 $384 5 265(3) 2500 52 Failing to ensure passengers 16 years old or older are wearing seatbelts, and are seated, in accordance with rule— 2500 failure in relation to 1 such passenger failure in relation to more than 1 such passenger 266(1) 3 Failing to ensure passenger under 16 years old is wearing seatbelt Driver who is a person referred to in s 98BI(1(a)(i) or (ii) of MVA See clause 2 All other drivers (a) failure in relation to 1 passenger - - (b) failure in relation to more than 1 passenger 268(1) Travelling in or on part of motor vehicle not designed primarily for carriage of passengers or goods 2500 324 3 2500 384 5 3 - - 2500 324 Traffic Penalties updated May 2014 Page 33 Rule 268(2) 268(3) 268(4) 268(4A ) Description of offence against ARR Travelling in or on part of motor vehicle designed primarily for carriage of goods Travelling in or on motor vehicle with part of body outside window or door Driving motor vehicle with part of passenger's body outside window or door Driving motor vehicle with passenger under 16 in or on part of vehicle not designed primarily for carriage of passengers or goods Gaol Licence Fine EXP. Demerit 3 - - 2500 324 - - 2500 165 3 - - 2500 165 3 - - 2500 324 3 Traffic Penalties updated May 2014 Page 34 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit Driving motor vehicle with passenger in or on part of vehicle designed primarily for carriage of goods that is not enclosed, etc. - - 2500 324 3 269(1) Getting off or out of moving vehicle - - 2500 164 - 269(3) Creating hazard by opening door of vehicle, leaving door open, etc. - - 2500 165 3 - - 2500 300 - - - 2500 251 3 - - 2500 251 3 - - 2500 119 - - - 2500 119 - - - 2500 119 - Riding on motor bike (without sidecar)— riding with more than permitted number of passengers - - 2500 119 - Riding on motor bike (with sidecar)—riding with more than permitted number of passengers - - 2500 119 - Riding on motor bike—riding with passenger under 8 years old not in sidecar - - 2500 Riding on motor bike—passenger in sidecar failing to be seated safely - - 2500 Riding on motor bike—riding with passenger in sidecar not seated safely - - 2500 - - 2500 300 - 268(4B) 269(4) Driving bus while doors not closed 270(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) 271(3) 271(4) 271(5) 271(5A) 271(5B) 271(5C) 272 Riding on motor bike—passenger failing to ride in correct position Riding on motor bike—rider riding with passenger not riding correctly Passenger interfering with driver's control of vehicle, etc. 119 119 119 - 274 Failing to stop for red T light—tram driver - - 2500 416 3 275 Failing to stop for yellow T light—tram driver - - 2500 416 3 277 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 3 - - 2500 416 - - 2500 416 Traffic Penalties updated May 2014 Page 35 3 Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit Proceeding when white T light or white traffic arrow no longer showing —tram driver failing to leave intersection - - 2500 416 3 281 Failing to stop for red B light—bus driver - - 2500 416 3 282 Failing to stop for yellow B light—bus driver - - 2500 416 3 284 Proceeding after stopping for red or yellow B light—bus driver - - 2500 416 3 286(2) Proceeding when white B light or white traffic arrow no longer showing—bus driver proceeding before entering intersection - - 2500 416 3 Proceeding when white B light or white traffic arrow no longer showing—bus driver failing to leave intersection - - 2500 416 3 intersection 279(3) 286(3) 287(1) Driver involved in crash failing to give required particulars - - 2500 - 3 288(1) Driving on path - - 2500 222 3 288(4) Driving on path—failing to give way - - 2500 218 3 289(1) Driving on nature strip - - 2500 218 3 289(2) Driving on nature strip—failing to give way - - 2500 218 3 290 Driving on traffic island - - 2500 218 - 291 Making unnecessary noise or smoke while starting or driving vehicle - - 2500 186 - 292 293(2) 294(1) Driving or towing vehicle carrying insecure or overhanging load Failing to remove from road things fallen from vehicle while driving 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 296(1) Reversing vehicle when not safe to do so 296(2) Reversing vehicle further than reasonably necessary 297(1) Driving vehicle without having proper control of vehicle 3 - - 2500 318 - - 2500 208 - - - 2500 125 - - - 2500 125 - - - 2500 125 - - - 2500 384 - - - 2500 231 - - - 2500 165 - Traffic Penalties updated May 2014 Page 36 Rule Description of offence against ARR 297(1A) Driving vehicle with person or animal in lap 297(2) Driving motor vehicle without clear view of road, etc. 297(3) Riding motor bike with animal on petrol tank 298 Driving motor vehicle towing trailer with person in trailer 299(1) 300(1) Driving motor vehicle with TV or VDU in operation in vehicle Using hand-held mobile phone while driving vehicle Gaol Licence Fine EXP. 2500 165 Demerit - - 2500 165 - - - 2500 165 - - - 2500 216 3 - - 2500 93 - - - 2500 300 3 93 - 301(1) Driver of motor vehicle leading animal - - 2500 301(2) Passenger in or on motor vehicle leading animal - - 2500 301(3) Rider of bicycle leading animal - - 2500 52 - 302 Rider of animal on footpath or nature strip failing to give way to pedestrian - - 2500 52 - - - 2500 52 - - - 2500 52 - - - 2500 52 - - - 2500 262 3 303(1) 303(2) 303(4) 304(1) Riding animal alongside more than 1 other rider on non multi-lane road Riding animal alongside another rider in marked lane Riding animal alongside another rider more than 1.5 metres from other rider Failing to obey direction of police officer or authorised person 93 Traffic Penalties updated May 2014 Page 37 - ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 1999 (SA) Section Offence Max. penalty Exp. 20(3) Driving or towing vehicle on certain roads while transporting dangerous substance ....................................................................................................... $269 20A(2) Towing prohibited number of vehicles $269 21(1) Parking in certain public places $1250 Parking in City of Adelaide Park Lands $126 Parking in other public place $60 22(3) Contravening notice prohibiting fishing or other specified activities from specified bridge or causeway $750 $93 23(1) Failing to ensure dog does not enter or remain on certain bicycle paths $750 $196 25(2) Driving or towing on road vehicle not complying with requirements of regulation—vehicle altered from original specifications 44(1) $90 Contravening or failing to comply with provision of regulations Contravention of or failure to comply with— reg. 19AD Evasive action in relation to average speed cameras $2500 $824 Heavy vehicles and minimum allowable travel time $2500 $506 reg. 19E Evasive action in relation to Safe-T-Cam photographic detection devices $2500 $506 reg. 28 Riding bicycle not complying with requirements of regulation $2500 $25 $2500 $52 $2500 $343 $2500 $343 $2500 $343 $2500 $343 reg. 19B(1) reg. 29(1) Bicycle rider towing vehicle other than bicycle trailer complying with regulation or towing more than one vehicle reg. 36(7)(b) Selling, or offering for sale, for use in motor vehicle seat belt or part of seat belt not complying with requirements of regulation or removed from vehicle in which previously used reg. 37(3) Selling, or offering for sale, for use in motor vehicle child restraint or part of child restraint not approved reg. 38(2) Selling, or offering for sale, for use by motor bike rider or passenger helmet not complying with standard reg. 38(5) Selling, or offering for sale, for use by bicycle rider or rider of wheeled recreational device or wheeled toy helmet not meeting requirement Traffic Penalties updated May 2014 Page 38 HEAVY VEHICLE NATIONAL LAW (SA) (EXPIATION FEES) REGULATIONS 2013 Sec. Description of offence against Heavy Vehicle National Law (South Australia) 2013 max Fine ($) Fee ($) $6000 $600 $3000 $300 $3000 $300 $6000 $600 $3000 $300 $5000 $600 Driving, permitting use of, a heavy vehicle that contravenes a condition of mass or dimension exemption $6000 $600 (a) Driver of heavy vehicle exceeding speed limit of 50 km/h or 50 km/h $3000 $300 (b)(i) Driver of heavy vehicle exceeding speed limit of 70 km/h or 80 km/h by less than 15 km/h $3000 Demerit Points 60(1) Using, or permitting use of, a heavy vehicle that contravenes a heavy vehicle standard – if the heavy vehicle standard relates to a speed lmiter in any other case 81(1) Contravening a condition of a vehicle standards exemption 89(1) Using or permitting use of an unsafe heavy vehicle 111(1) Driving a heavy vehicle that does not comply, or whose load does not comply, with loading requirements – For a minor risk breach For a substantial risk breach 129(1)(3) 219(1) (b)(ii) Driver of heavy vehicle exceeding speed limit of 70 km/h or 80 km/h by 15 km/h or more (c)(i) Driver of heavy vehicle other than a road train exceeding speed limit of 90 km/h by less than 15 km/h (c)(ii) Driver of heavy vehicle other than a road train exceeding speed limit of 90 km/h by 15 km/h or more (d) Driver of road train exceeding speed limit of 90 km/h by less than 15 km/h (e) Driver of heavy vehicle exceeding speed limit of 100 km/h or more by less than 15 km/h $300 $5000 $500 $3000 $5000 $300 $5000 $500 $5000 $500 Traffic Penalties updated May 2014 Page 39 250(1) Failure of solo driver of fatigue-regulated heavy vehicle to comply with standard hours – $4000$15000 For a minor risk breach $400 For a substantial risk breach $600 251(1) Failure of two-up driver of a fatigue-regulated heavy vehicle to comply with standard hours – $4000$15000 $400 For a minor risk breach $600 For a substantial risk breach 254(1) 256(1) Failure of solo driver of a fatigue-regulated heavy vehicle to comply with BFM hours – $4000$15000 For a minor risk breach $400 For a substantial risk breach $600 Failure of two-up driver of a fatigue-regulated heavy vehicle to comply with BFM hours – $4000$15000 For a minor risk breach $400 $600 For a substantial risk breach 258(1) Failure of driver of fatigue-regulated heavy vehicle to comply with AFM hours – $4000$15000 $400 For a minor risk breach $600 For a substantial risk breach 260(1) 263(1) Failure of driver of fatigue-regulated heavy vehicle to comply with exemption hours – $4000$15000 For a minor risk breach $400 For a substantial risk breach $600 Failure of driver of fatigue-regulated heavy vehicle to comply with change of work and rest hours option requirements 284(2) $4000 $6000 Failure to comply with notice to return work and rest hours exemption (permit) to Regulator within specified period 286(1) $400 Failure to comply with a condition of a work and rest hours exemption $600 $6000 $600 Traffic Penalties updated May 2014 Page 40 287(2) 287(3) 288(1) 293(1) Failure of driver of fatigue-regulated heavy vehicle operating under a work and rest hours exemption (notice) to keep a relevant document in driver’s possession Offence for relevant party if driver commits an offence against s 287(2) Failure of driver of a fatigue-regulated heavy vehicle to keep a copy of work and rest hours exemption (permit) in driver’s possession Failure of driver of a fatigue-regulated heavy vehicle to keep a diary, record required information and keep diary in their possession 296(1) $3000 $300 $3000 $300 $3000 $300 $6000 $600 $1500 Failure of driver to record required information in work diary as required by national regulations 298(1) Failure of driver of a fatigue-regulated heavy vehicle to record odometer reading as required by national regulations $150 $1500 $150 Traffic Penalties updated May 2014 Page 41 ROAD TRAFFIC (ROAD RULES – ANCILLARY AND MISCELLANEOUS PROVISIONS) REGULATIONS 1999 (SA) Reg. 9A(1) 9A(2) 10A 23A(1) 33(1) 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 30kph by 30kph 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 30kph by 30kph or more Max. fine Expiation Driving or stopping in lane marked BUS ONLY Crossing to or from tram stop other than at crossing for pedestrians if within 20 metres of crossing or if tram has stopped Learner or P1 driver using mobile phone while driving vehicle $2500 $233 $2500 $44 Demerits $2500 $412 $515 $793 $927 2 3 5 7 $155 $340 $690 $824 2 3 5 7 $2500 3 $2500 $300 Traffic Penalties updated May 2014 Page 42
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