Australia’s road rules are famously strict, with heavy fines. Even drivers who have been on Australian roads for years can easily fall into the “traps” of the road rules and end up with tickets worth hundreds or even thousands of dollars. Let’s look at three real cases below — mistakes that even seasoned drivers can make.

Case 1

On his way home from work, Jason was waiting at a red light at an intersection when a police car came up behind him, sirens on and roof lights flashing. Thinking the police car was on urgent duty and that he should make way for it, Jason crossed the line and ran the red light to clear a path for the police car. Afterwards, the police car caught up with Jason and issued him a ticket for running a red light, costing him 3 demerit points.

Case 2

On his way to work, Will was turning right at an intersection when the vehicle in front of him suddenly stopped. With no room to continue turning, Will stopped as well. But then the vehicle in front moved off again, and by that time the signal had already turned yellow. Will hit the accelerator and completed the turn, only to be caught by a red-light camera. A few days later he received a ticket from the NSW transport authority for running a red light — a fine of $464 and 3 demerit points.

Case 3

Amy, a single mother living in Adelaide, was fined for speeding on her way home and was taken to court by the police. In court, she explained to the magistrate that her baby, only a few months old, was hungry and crying non-stop, and she was rushing home to breastfeed when she accidentally exceeded the speed limit. Taking into account that she was a single mother who was still breastfeeding, the magistrate dismissed the fine and issued only a warning.

Let’s first walk through some of the road rules involved in the cases above, using NSW as an example.

In Case 1, you may have seen news stories on social media back in China about a driver who ran a red light to clear the way for an ambulance coming up behind. Afterwards, when the traffic police learned of the situation, the driver who ran the red light was not penalised.

But in Australia, that is not how it works. As you may know, under NSW road rules, as soon as a driver hears a siren or sees flashing red and blue lights, they must give way to the police car, ambulance or fire truck coming up behind them — otherwise they face a $464 fine and 3 demerit points. So if you don’t give way you get fined, but if you do give way you still get fined? Note, though, that giving way comes with one condition: it must be done safely. Running a red light in order to give way to a police car does not count as safe. The “giving way” referred to in the road rules means moving into the left lane or pulling over — it does not include running a red light.

Australia is utterly unforgiving when it comes to running red lights — every state treats it the same way. Not only is there a fine, but demerit points are deducted as well. And it isn’t just red lights; you aren’t allowed to run a yellow light either. The fine for running a red or yellow light varies from state to state, but all states deduct 3 demerit points. Unless the yellow light comes on so late that you cannot brake safely, running a yellow light will also get you a ticket — in NSW the fine is $464, plus 3 demerit points.

However, if you believe you have a reasonable case, like Will did, you can choose to take the matter to court. At the hearing Will seized on the point that what he had actually committed was running a yellow light, while the police had issued a ticket for running a red light — he argued that the police had enforced the rules incorrectly. In the end, the magistrate ruled “no penalty, matter dismissed”.

Aside from cases like 1 and 2, what most people are more likely to encounter is the speeding situation in Case 3. To appeal a speeding fine, two conditions must be met:

1. No traffic offences on record in the past two years

2. Speeding by no more than 10% over the limit

If these two conditions are met, you can write a letter of appeal setting out your case.

Why Appeal?

It is important to understand that when people receive a fine, their first instinct is usually to appeal. Appealing is a right that the person fined is entitled to exercise — if you disagree with the outcome, you are free to appeal. If you feel you have been wrongly fined, or have a reasonable justification for your conduct, you can apply for a review online, by phone or by email to the authority that issued the fine. The back of the penalty notice usually sets out the steps for lodging an appeal — just follow them. If the appeal s\ucceeds, the fine will be withdrawn, or you will receive only a warning. Factors usually taken into account when deciding whether an appeal s\ucceeds include:

– The police made a mistake when issuing the penalty notice

– The person fined has a reasonable justification

– The personal circumstances of the person fined may mitigate the penalty (for example, homelessness, mental illness, disability or cognitive impairment)

Another point worth understanding is why we have a penalty system in the first place. The purpose of fines is to influence people’s behaviour and to ensure individuals are held accountable when they break the law. So the authorities handling these appeals will scrutinise each case very strictly. Appeals are generally unlikely to s\ucceed if any of the following apply:

– The person fined cannot provide relevant supporting documents

– The person fined claims they were unaware of or misunderstood a particular rule

– The offence was committed through carelessness

If the appeal s\ucceeds, the fine is withdrawn. If it fails, the original penalty stands after review and the person fined must pay. If you still feel the outcome is unfair after the review, you can apply to have the matter heard in court. Keep in mind, though, that the court involves its own application fees, and once a hearing is lost the penalty can actually become more serious. Not everyone can, like Amy in Case 2, put forward a reasonable justification that persuades the magistrate.

What Other Options Are There for Dealing with a Fine?

If you accept the penalty notice but genuinely cannot pay the fine on time due to financial hardship, you can apply for an extension of time to pay. In certain special circumstances you may also be able to apply for a Work and Development Order (WDO). These special circumstances include having a mental illness or an alcohol/drug issue, being in serious financial hardship and homeless, or being under 18. A WDO allows the person fined to offset the fine through unpaid work or certain courses or treatment. Note, however, that a WDO application must be supported by an approved organisation or a qualified health practitioner — otherwise it will not be accepted.