About two weeks ago, a serious car accident occurred in south-west Sydney. A young driver holding a P2 licence (commonly known as Green P) lost control due to driver error, resulting in the deaths of all five passengers in the vehicle.
Reportedly, before losing control and crashing into a tree, the young Green P driver turned the wrong way on East Parade in Buxton. He has been charged with five counts of dangerous driving. Prior to this accident, while still on a Red P licence, he had already had his licence suspended twice for speeding.
The victims of this crash were all high school students from a nearby school. Four of them were ejected from the vehicle by the force of the impact and died at the scene. The tragedy of this accident has brought heavy grief to the local community and has prompted NSW once again to reflect on the P-plate licence system.
Currently in NSW, Red P drivers caught speeding are issued 4 demerit points and have their licence suspended for at least 3 months, yet they can still progress to a Green P licence 12 months later without any further penalty.
However, reflection should not be directed only at P-platers. Many full-licence “experienced drivers” also act recklessly. Compared with actual injuries and fatalities, fines and demerit points are minor matters.
So today, we’ll run through the common traffic offences in NSW and their corresponding penalties.
The most common traffic offences that attract fines in NSW include:
– Speeding
– Running a red light
– Using a mobile phone while driving
– Not wearing a seatbelt
– Failing to indicate when turning
– Stopping within 10 metres of an intersection
– Driving an unregistered vehicle
And of course parking offences, which are generally enforced by the local council.
As we all know, if the relevant enforcement authority detects a violation, you will be fined and issued demerit points. In serious cases, your licence will be suspended.
For a Red P licence, the baseline is 4 points over 3 years.
For a Green P licence, the baseline is 7 points over 3 years.
For a full licence, the baseline is 13 points over 3 years.
(These are NSW rules; other states differ.)
Note, however, that for serious traffic offences, your licence may be cancelled outright — for example, exceeding the speed limit by more than 30 km/h.
If you receive a penalty notice for a low range drink driving (first offence), notice PCA (first offence) or special range (PCA), police can decide on the spot to suspend your licence for at least 3 months.
For more serious traffic offences, you may receive a Court Attendance Notice (CAN). Once you receive a CAN, you must appear in court on the date listed on it. The court will determine whether to impose a fine, the amount of the fine, and whether to cancel your licence.
More serious traffic offences include, but are not limited to:
– Negligent driving causing death or grievous bodily harm
– Exceeding the speed limit by 30 km/h or more
– Driving with a prescribed concentration of alcohol (PCA) in blood or breath (low range, mid range and high range)
– Driving under the influence of drugs or alcohol
– Refusing a breath test
– Continuing to drive while your licence is cancelled or suspended
Heavy fines, licence cancellation and imprisonment are all possible consequences.
For certain serious driving offences, police may also:
– Impound the vehicle, and/or
– Confiscate the number plates
You can defend the charge
If charged, you can mount a defence. Possible grounds of defence include, but are not limited to:
– Denying that you did what the prosecutor says you did.
– Having a lawful reason for your conduct: for example, the driving offence was the result of an accident and you did not do it intentionally; you took all reasonable steps to avoid the offence; you mistakenly believed you were not committing an offence; you were in an emergency; or someone coerced you.
We hope the above is useful — whether you’re a rookie, a newly licensed driver, or a seasoned one — but ideally you’ll never need it. Safe driving first; don’t race for a few seconds.
