Traffic Penalties updated March 2013 Page 1 Traffic offences and penalties (last updated March 2013) VICTIMS OF CRIME ACT 2001 (SA) p 2 TIME LIMIT TO LAY COMPLAINTS p 2 MOTOR VEHICLES ACT 1959 (SA) p 3 MOTOR VEHICLES ACT REGULATIONS 2010 (SA) p 9 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 22 ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 1999 (SA) p 42 ROAD TRAFFIC (HEAVY VEHICLE DRIVER FATIGUE) REGULATIONS 2008 (SA) p 43 ROAD TRAFFIC (ROAD RULES-ANCILLARY AND MISCELLANEOUS PROVISIONS)REGULATIONS 1999 (SA) p 50
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Traffic Penalties updated March 2013 Page 1
Traffic offences and penalties
(last updated March 2013)
VICTIMS OF CRIME ACT 2001 (SA) p 2 TIME LIMIT TO LAY COMPLAINTS p 2 MOTOR VEHICLES ACT 1959 (SA) p 3 MOTOR VEHICLES ACT REGULATIONS 2010 (SA) p 9 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 22 ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 1999 (SA) p 42 ROAD TRAFFIC (HEAVY VEHICLE DRIVER FATIGUE) REGULATIONS 2008 (SA) p 43 ROAD TRAFFIC (ROAD RULES-ANCILLARY AND MISCELLANEOUS PROVISIONS)REGULATIONS 1999 (SA) p 50
Traffic Penalties updated March 2013 Page 2
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 of March 2013: 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 March 2013
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MOTOR VEHICLES ACT 1959 (SA)
Registration
Section Offence Gaol Licence Fine EXP. Demerit
7(7) Contravening/fail to comply with condition to
which the delegation is subject (Registrar of
Motor Vehicles and deputy registrars) 2 years - $10,000 - -
9(1) Drive unregistered (see also uninsured s.102) - - $2500 $325 -
9(3) Unregistered vehicle found standing on a road - - $2500 $325 -
12(2c) Drive agricultural machine on road without
registration/insurance and fails to provide
public liability insurance - - $750 - -
12B(3) Fail to produce evidence of public liability
Insurance - - $750 - -
16(9) Fail to carry permit allowing vehicle to be - - $750 $119 - driven without registration
72A(2) Acting as qualified supervising driver while drunk/drug- - $1250 $236
Licences
Section Offence Gaol Licence Fine EXP. Demerit
74(1) Drive without appropriate licence - - $1250 $413 -
74(2) Drive without licence (never authorised) - - $2500 Subsequent offence 1 yr - $5000
74(2a) Drive without licence having served disqual for 1 yr $5000 n/a -
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 March 2013
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Learners Permit
Section Offence Gaol Licence Fine EXP. Demerit
75A(14) Contravening conditions of learner’s permit - - $1250 $317
75A(15) Drive motor bike or vehicle without ‘L’ plates - - $1250 Various - 75A(16) Must not exceed 100 kph - - $1250 - -
Driver Impairments
Section Offence Gaol Licence Fine EXP. Demerit
80(5) Contravene condition or restriction of temporary driving permit -- $1250 - -
81AB(1)(c) incur 2 or demerit points $ 1250 $250 -
81AB(3) minimum period of 12 mths or more if ordered by court
81AB(3a) if Interlock scheme, further condition to carry P plates $ 1250 -
81B(2) Breach Provisional, Learner or Probationary conditions or incur 4 or more demerit points (learner and provisional, licence disqualified 6 months or remain period of drink driving disqualification if longer) Cannot appeal within 12 months of previous appeal under this Section - min 6mths - - -
81B(3(a) Fail to attend lecture - - $750 $101 -
81B(6) Appeal against disqualification on ground of undue hardship. If appeal successful: if under 20 - additional 6 months of previous conditions any other case - 12 months of prov / prob. conditions
81B(10) If appeal lodged, disqualification and cancellation are suspended
81B(11) No further appeal within 12 months of previous appeal
81H(1) Contravening conditions of mandatory alcohol interlock scheme $2500 - - 81H(2) Assisting holder of alcohol interlock scheme to operate vehicle $2500 82 Registrar may refuse to issue, cancel or suspend licence or permit or impose conditions where person
Traffic Penalties updated March 2013
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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 6 mths n.p. n.p. - - subsequent offence 2 years n.p. n.p. - -
Produce Licence
Section Offence Gaol Licence Fine EXP. Demerit
96(1) Fail to produce lic. forthwith or within 48 hours - - $1250 $170 - (3) Falsely claim to hold particular licence - - $750 - -
97(1) Fail to produce licence in court - - $1250 - -
97A(3) Foreign or interstate licence holder fail to carry lic. at all times/ fail to obtain SA licence - - $1250 $170 -
98AAA(1) Fail carry lic. driving heavy veh. Defence if within 80 kms of drivers farm and outside metro Adelaide - - $1250 $170 -
Driving Instruction Section Offence Gaol Licence Fine EXP. Demerit
98AA Driving instruct. must carry licence at all times - - $750 - - 98AAB Fail to carry learners, provisional or probationary licence - - $1250 $170 -
98AAE unlawful alteration/damage to licence/learner’s permit void $2500
98AAF Duty to notify Registrar of illness that may impair driving - $750 - -
98A Accept fee etc. to teach person to drive without current motor driving instructor's licence - - $750 - -
Demerit Points
Section Offence Gaol Licence Fine EXP. Demerit
98B(3) If convicted of 2 or more offences, only incur demerit points for the offence that attracts the most points
98(4) 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 - 3, 4 or 5 mths
98BE(1) disqualification takes effect 28 days after day specified in notice
98BE(2) If already disqualified, disqualification period starts at the end of prior disqualification
98BE(3) If appeal against offence, disqualification inoperative until appeal heard
98BE(5) Upon disqualification, all demerit points are removed
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 - -
Traffic Penalties updated March 2013
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98K Temp T/T cert. Breach - - $750 - -
98L Failure to comply form of cert - - $750 - -
98MA Failure to return cert - - $750 - - 98MC Employer fails to give notice to reg. and/or allow unlicensed operator of tow truck - - $750 - - 98MD Attend MVA w/out cert./ direction to attend - - $10,000 - -
98MD(4) Fail to leave scene of MVA - - $1250 - -
98ME Remove veh not accord with Act - - $10,000 - - (3)(4)(5) not use shortest route/interfere/ alter - - $1250 - - (7)(9)(12)breach authority, breach police directions - - $1250 - - (13)(14) Driver/Op fail to complete, lodge & retain auth - - $1250 - -
MF/MG Store veh. other than at reg. premises - - $1250 - - MH Solicit to store, wreck/ repair/ quote w/in 12 hrs of - - $1250 - - MV accident MI/MJ Fail when paid to give vehicle to owner/
99A(7) 3rd ppi conc holder must advise of change in circumstances affecting eligibility - - $750 - -
99A(8)(a)Insurance remains in force 30 days after rego expires - - - - -
102(1) Drive Uninsured vehicle - - $5000 $601 - 102(2) Uninsured motor vehicle standing on a road - - $5000 $601 -
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 - - $250 - -
124(2) Fail notify ALLIANZ as soon as prac of MVA (time, place, circ, name/add of injured and witnesses) 3 mths - $1250 - - (3a) Fail to cooperate with insurer - - $5000 - - (4) Fail give notice of claim to ALLIANZ as soon as prac - - $750 - - (5) Fail produce on demand lic, ins cert. to ALLIANZ - - $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.
Traffic Penalties updated March 2013
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124AB Insured who is more than 25% liable must pay an excess of $300
127(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 $750
134 Person acting on injury claim illegally - - $750 - -
Supplementary provisions. Section Offence Gaol Licence Fine EXP. Demerit
135 False or misleading statements etc pursuant to MVA (see also s38 RTA) 6 mths - $5000 - -
135A Give or receive bribe etc pursuant to administration of MVA 6 mths - $2500 - -
136(1) Fail to notify change of address within 14 days - - $1250 $167 - (2) Duty to notify address (business ) - - $1250 $167 -
136(2a) Fail to notify change of business address - - $1250 $167
136(2b) Duty to notify change (garage address) - - $1250 $167 - (2c) Duty to notify change of operator - - $1250 $167 -
(2d) Fail to notify change of postal address - - $1250 $167 -
137 Fail to truly answer re use of vehicle with Traders Plates or concession registration - - $750 - -
137A Failure to provide evidence of design etc of motor vehicle $750
138 Obligation to provide information - - $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 - -
36(1) Drive vehicle with number plate obscured - - $2500 $413 -
36(4) Drive vehicle with bike rack number plate obscured - - $2500 $413 -
45(9) Failure to carry/produce licence when driving - - $1250 - -
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 - -
probationary licence
55C Surrender certificate of exemption for high
Powered vehicle certificate - - $1250 - -
55D Comply with certificate for high powered vehicle
Exemption - - $1250 - -
55E Failure to carry or produce certificate of exemption - - $1250 $185 -
while driving a high powered vehicle
55F Produce certificate for high powered vehicle
Exemption - - $1250 - -
55G False or misleading evidence/statement to
Receive high powered vehicle exemption certificate - $1250 - -
55H Possession of altered/damaged certificate for high
Powered vehicle exemption - - $1250 - -
74 Failure to notify Registrar of written-off vehicle etc
-- in course of trade or business - - $2500 - -
-- in any other case - - $1250 $275 -
75 Drive written-off vehicle on road
-- in course of trade or business - - $2500 - -
-- in any other case - - $1250 $275 -
81A(16) Holder of P1 or P2 licence under age of 25 driving - - - $250 -
high powered vehicle
91 Alter, deface or destroy permit or label - - $1250 - -
Traffic Penalties updated March 2013
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CRIMINAL LAW (SENTENCING) ACT 1988 (SA)
Section Offence Gaol Licence Fine EXP. Demerit
70E Debtors driver's licence may be suspended for 60 days to take effect 21 days from the day the order was made - 6 mths $2500 - -
70F Restrictions on conducting business with Reg of MV exemptions - transfer rego from debtor, renew rego where joint owner - - - - -
CRIMINAL LAW CONSOLIDATION ACT 1935 (SA)
Section Offence Gaol Licence Fine EXP. Demerit
19A(1) Death by dangerous driving 1st offence (basic) 15 yr 10 yr min n.p - -
1st offence (aggravated) Life 10 yr min
Not a motor vehicle/vessel 7 yr
19A(3) Grievous injury by dangerous driving 1st offence (basic) 15 yr 10 yr min n.p - - 1
st offence (aggravated) Life 10 yr min n.p - -
19A(3) Injury by dangerous driving of motor vehicle 1st offence (basic) 5 yr 1 yr min n.p - - 1
st offence (aggravated) 7 yr 3 yr min n.p - -
Not a motor vehicle/vessel 5 yr - n.p. - -
19AB Leaving Acc scene – death/harm 1
st offence 15yrs 10 yr min - - -
Subsequent offence Life 10 yr min - - - Not a motor vehicle/vessel 7 yrs 19AB Leaving Acc scene – minor 1
st offence 5 yrs 1 yr min - - -
Subsequent offence 7 yrs 3 yr min - - - Not a motor vehicle/vessel 5 yrs 19AC Driving to escape police Basic offence 3 yrs 2 yr min - - - Aggravated offence 5 yrs 2 yr min - - - 19AD Street Racing Basic Offence 3 yrs 1 yr min - - - Aggravated/subsequent offence 5 yrs 3 yr min - - - Illegal use/interference. 86A 1st offence 2 yrs 12 mth min n.p - - subsequent (any period) 3 mth min/ 12 mth min n.p - - 4 yrs max 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 March 2013
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ROAD TRAFFIC ACT 1961 (SA)
Section Description of offence against Act Gaol
Licence Fine
Exp. Demerit
21(1) Offences relating to traffic control devices 12 mths
- 5000 - -
33(9) Disobey police special occasion - - 2500 240 -
36 Hinder Highways Inspector - - 2500 - -
38 Fail to truly answer police/inspector as to ID of owner or driver
see also s. 135 MVA
-
-
2500
-
-
40 Return of identification cards 2500
40H(5)
40I(2)
40J(3)
40K(5)
Engaging in conduct in contravention of direction of authorised officer or police officer to stop vehicle, or not move it, or not interfere with vehicle or its equipment or load—
if direction relates to heavy vehicle if direction relates to vehicle other than heavy vehicle
5000
Except 40I (2)(a) 5000 –
10 000
645
240
3
3
Other
S.40
5000
Except 40X, 40
Y –
10 000
645
41(2) Failing to comply with direction of member of police force
43(1) Failing to stop and give assistance immediately after accident involving injury or death
5 yrs
min
12mths
-
5
44A Procuring use of a vehicle by fraud 6 mths - 300 - -
44B Misuse of Motor Vehicle 4
45 Driving without due care or attention, etc.
For a basic offence
For an aggravated offence
-
12 mths
-
min
6 mths
2500
- 3
45A Excessive speed (over 45Klm)
1st offence
6 mths
1100-1500
1200-
6
Traffic Penalties updated March 2013
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Subsequent offence (within 5 yrs)
If vehicle being driven is a road train driven on prescribed road
In any other case
2yrs 1700
775
671
46 Reckless and dangerous driving
Subsequent offence (within 5 yrs)
2 yrs 12 mths
3 yrs min
6
47 Driving under influence
First offence 3 mths min 12mths
1100-1600
- 6
Subsequent offence 6 mths min 3 years
1900-2900
- 6
Where vehicle is not a motor vehicle, eg bicycle
- - 300 - -
47B Driving whilst having prescribed concentration of alcohol in blood
Category 1 offence - 0.05 to 0.079
First offence
-
Min 3 mths
1100
532
4
Category 1 offence - 0.05 to 0.079
Second offence
-
min 6 mths
1100
4
Category 1 offence - 0.05 to 0.079
Third offence
-
Min 9 mths
1100
4
Category 1 offence - 0.05 to 0.079
Subsequent offence
-
min
12 mths
1100
4
Category 2 offence – 0.08 to 0.149
First offence
-
min 6mths
900-1300
-
5
Category 2 offence – 0.08 to 0.149
Second offence
-
Min
12 mths
1100-1600
-
5
Category 2 offence – 0.08 to 0.149
Third offence
-
Min
2 yrs
1500-2200
-
5
Category 2 offence – 0.08 to 0.149
Subsequent offence
-
Min
2 yrs
1500-2200
-
5
Category 3 offence – 0.15 over
First offence
-
min 12mths
1100-1600
-
6
Category 3 offence – 0.15 over
Second offence
-
Min
3 yrs
1600-2400
6
Category 3 offence – 0.15 over
Third offence
-
Min
3 yrs
1900-2900
6
Category 3 offence – 0.15 over
Subsequent offence
-
Min
3 yrs
1900-2900
6
47BA Driving with prescribed drug in oral fluid 532
Traffic Penalties updated March 2013
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or blood
First offence
Min
3 mths
900-1300
4
Second offence
Min
6 mths
1100-1600
4
Third offence
Min
12 mths
1500-2200
4
Subsequent offence
Min
2 yrs
1500-2200
4
47E(2a) Failing to comply with subsection 2 direction
2900
47E(3) Refusing or failing to comply with direction of a member of police force in relation to alcotest or breath analysis
(First Offence) - min 12 mths
1100-1600
- 6
(Subsequent Offence) - Min 3 yrs 1900-2900
- 6
47EAA(4) Failing to comply with subsection 3 direction (drug screening test/oral fluid analysis and blood test)
- - 2900
47EAA(9) Refuse/fail to comply with drug screening test/oral fluid analysis and blood test
-First Offence
-Subsequent Offence
- -
900-1300
1500-2200
6
47I(14) Refusing or failing to comply with request to submit to taking of sample of blood involved in accident
(First Offence) - min 12mths
1100-1600
- 6
(Subsequent Offence) - min 3yrs 1900-2900
- 6
In any other case - - 500 - 6
47IA Failing of certain offenders to attend lectures
- - 250 - -
47J 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.
Traffic Penalties updated March 2013
Page 14
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.)
53B(1) Selling radar detector or jammer or storing or offering radar detector or jammer for sale
-
-
2500
373
-
79B Evidence from photographic detection device suggests motor vehicle involved in incident
If red light 3
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
5000 Amount equal to sum in alleged
offences + 600
2
3
5
7
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
4000 Amount equal to sum in alleged
offences
2
3
5
7
In any other case (body corporate) 4000 Amount equal to sum in alleged
offences + 300
In any other case (private) 3000 Amount equal to sum in alleged
offences
79C Interfering with photographic detection devices
12 mths
- 5000 - -
82(1) Speeding while passing school bus
Exceeding the speed-limit while passing a school bus—
2500
by less than 10 kph - - 2500 150 2
by 10 kph or more but less than 20 kph - - 2500 330 3
by 20 kph or more but less than 30 kph - - 2500 670 5
By more than 30 kph 800 7
83(1)(a) Speeding past an emergency vehicle
Traffic Penalties updated March 2013
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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 - - 2500 150 2
by 10 kph or more but less than 20 kph
- - 2500 330 3
by 20 kph or more but less than 30 kph
- - 2500 670 5
By more than 30 kph 800 7
83(1)(b) Speeding past an emergency vehicle (40)
Exceeding lesser speed required to avoid
endangering person while passing an
emergency vehicle
-
-
2500
-
3
83A(1) Standing, etc. or placing goods or sign on carriageway, dividing strip or traffic island for purpose of soliciting business, etc.
-
-
2500
90
-
83A(2) Buying or offering to buy goods from person standing, etc. on carriageway, etc. in contravention of rule 83A(1)
-
-
2500
90
-
85(2) Leaving stationary vehicle in prohibited area near Parliament House, etc. without authority
-
-
2500
107
-
87 Walking without due care or attention etc. - - 2500 43 -
91(3) Failing to comply with direction of ferry operator
- - 2500 90 3
95 Riding on vehicle without consent of driver
- - 2500 90 -
99A Bicycle rider riding on footpath or other road-related area failing to give warning to pedestrians etc.
-
-
2500
50
-
99B(1) Riding wheeled recreational device or wheeled toy without due care or attention etc.
-
-
2500
50
-
99B(2) Riding wheeled recreational device or wheeled toy on footpath or other road-related area abreast of another vehicle etc.
-
-
2500
50
-
99B(3) Riding wheeled recreational device or wheeled toy on footpath or other road-related area without giving warning to pedestrians etc
-
-
2500
50
-
107 Driving, drawing, hauling, dragging over road any implement, sledge, etc.
-
-
2500
212
-
108(1) Depositing certain articles or materials on road
- - 2500 202 -
Traffic Penalties updated March 2013
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110 Failing to keep whole of vehicle on sealed surface when driving on sealed road
-
-
2500
90
3
110C(1) Manufacturing a motor vehicle or trailer without a vehicle identification plate
-
-
2500
-
110C(2) Selling or offering for sale a motor vehicle or trailer without a vehicle identification plate
In the course of trade or business - - 2500 -
In any other case - - 1250 -
In the case of an alleged offence not committed in course of trade or business
-
-
236
-
110C(3) Driving vehicle not bearing ID plate - - 1250 -
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
-
-
110C(9) Manufacturing or selling a vehicle identification plate without the approval of the Minister
12 mths
-
5000
-
-
110C(10) Being in possession of a vehicle identification plate without reasonable excuse
6 mths
-
2500
-
-
110C(11) Placing, removing, altering, defacing a number on an engine block, other than the original allotted number
12 mths
-
5000
-
-
110C(12) Placing, removing, altering, defacing a number on a chassis of a motor vehicle or trailer, other than the original allotted number
12 mths
-
5000
-
-
116 Meaning of breach of vehicle standards
117 Breach of vehicle standards (liability of driver)
2500
117(1) Disobey rule 155 vehicle standards
Any other contravention of section 117(1)
568
362
118 Breach of vehicle standards (operator) 2500
118(1) Disobey rule 155 vehicle standards
Any other contravention of section 118(1)
2500 568
362
119 Meaning of breach Mass, dimensions etc
123 Breach of Mass etc (liability of driver) 2500
123(1) Minor risk breach involving heavy vehicle
Minor risk breach involving vehicle other than heavy vehicle
348
170
Traffic Penalties updated March 2013
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Substantial risk breach involving heavy vehicle
Substantial risk breach involving vehicle other than heavy vehicle
Severe risk breach involving vehicle other than heavy vehicle
645
288
408
124 Breach of Mass etc (operator)
124(1) Minor risk – heavy vehicle
-natural person
-body corporate
Minor risk involving vehicle other than heavy vehicle
Substantial risk involving heavy vehicle
-natural person
-body corporate
Substantial risk breach involving vehicle other than heavy vehicle
Severe risk involving vehicle other than heavy vehicle
348
465
170
645
821
288
408
125 Liability of consignor
125(2) Heavy vehicle – minor risk
Natural person
Body corporate
Heavy vehicle – substantial risk
Natural person
Body corporate
348
465
645
821
125(4) Consignor
Natural person
Body corporate
645
821
126(2) Liability of packer
Heavy vehicle – minor risk
Natural person
Body corporate
Heavy vehicle – substantial risk
Natural person
Body corporate
348
465
645
821
126(4) Liability of packer
Natural person
Body corporate
645
821
127(2) Liability of loader
Heavy vehicle – minor risk
Traffic Penalties updated March 2013
Page 18
Natural person
Body corporate
Heavy vehicle – substantial risk
Natural person
Body corporate
348
465
645
821
128(2) Consignee liability
Heavy vehicle – minor risk
Natural person
Body corporate
Heavy vehicle – substantial risk
Natural person
Body corporate
348
465
645
821
129 Penalty range for above breaches when it involves driving a heavy vehicle (SEPARATE TABLE, IGNORE GAOL AND LICENSE HEADINGS.)
OFFENCE Penalty if first offence by natural person against provision
concerned
Penalty if subsequent offence by natural person against provision
concerned
Penalty if first offence by body corporate against provision
concerned
Penalty if subsequent offence by body corporate against provision concerned
Offence involving minor risk breach of mass, dimension or load restraint requirement (not being offence against section 128)
1250 300-2500
5000 300-10 000
Offence involving substantial risk breach of mass, dimension or load restraint (not being offence against section 128)
2500 600-5000
10 000 600-20 000
Offence involving severe risk breach of mass limit (not being offence against section 128)
5000+500 for each
additional 1% over
120%
10 000 + 1000 for
each additiona
l 1% over
120%
20 000 + 2500 for
each additiona
l 1% over
120%
50 000 + 5000 for
each additional 1% over 120%
overload;
Traffic Penalties updated March 2013
Page 19
overload
overload; min 2000
+ 200 min for each
additional 1% over
120%
overload min 2000 + min 200 for each 1% over 120%
overload
Any other offence involving severe risk breach of mass, dimension or load restraint requirement (not being offence against section 128)
5000
200 –
10 000
20 000 2000 –
50 000
Offence against section 125(4), 126(4) or 128
5000 2000-
10 000
20 000 2000 –
50 000
129(2) Penalty against the subdivision when it is not a heavy vehicle
(a) in the case of an offence involving a minor risk breach of a mass, dimension
or load restraint requirement
(b) in the case of an offence involving a substantial risk breach of a mass
dimension or load restraint requirement
(c) in the case of an offence involving a severe risk breach of a mass, dimension
or load restraint requirement
750
1250
2500
135(3) Responsible entity failing to provide operator/driver of heavy vehicle complying container weight declaration relating to freight container offered for transport by vehicle
-natural person
-body corporate
5000
20 000
645
821
136(5)
Operator of heavy vehicle failing to provide driver with complying container weight declaration relating to freight container arranged by operator to be transported by vehicle
-natural person
-body corporate
5000
20 000
645
821
137(3) Driver of heavy vehicle loaded with freight container driving vehicle without first having been provided with container weight declaration or failing to keep declaration in or about vehicle or readily accessible from vehicle during journey
5000
645
144 False or misleading transport documentation
Natural person
5000
Traffic Penalties updated March 2013
Page 20
Body corporate 20000
145(3) Failing to comply with police direction for vehicle inspection
240
145(5f) Defacing or removing defect label 362
145(6) Driving/selling contrary to terms of defect 517 3
148(4) Disobey minor risk breach direction
Heavy vehicle
Standard vehicle
5000
645
240
149(5) Disobey substantial risk breach direction
Heavy vehicle
Standard vehicle
5000
645
240
150 Disobey severe risk breach direction 5000
151(4) Breach of continuing journey – minor risk
Heavy vehicle
Standard vehicle
5000
645
240
161A(1) Driving of certain vehicles subject to Ministerial approval
163W Contravention of Supervisory intervention order
- - 10 000 - -
163Y Contravention of Prohibition order - - 10 000 - -
164A Penalties 3
If no penalty stated, shall be liable to penalty not exceeding $2500
165 False statements 6 mths - 10 000 - -
166 No double jeopardy
167(1) Causing or permitting the commission of an expiable offence against the Road Traffic Act 1961 or these regulations
-
-
2500
Expiation fee prescribed for expiable offence
-
168 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.
169A Court may order disqualification to start at any time.
170 If court satisfied a person used a vehicle in commission of any offence, it may order disqualification.
172(1) 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.)
172(2) Application may not be made within 3 months of disqualification. or previous application.
Traffic Penalties updated March 2013
Page 21
173(1) Appeals and suspension of disqualification in the same manner as against a conviction.
(2) 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.
(3) Only affective 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.
174AB Erasing marking of tyres for parking purposes
- - 750 - -
174B Further offence for continued parking contravention
500 44
174G (3) and (4)
Dismissal or other victimisation of employee or contractor assisting with or reporting breaches
- - 10 000 - -
174H False or misleading information provided between responsible persons
- - 10 000 - -
174K Proposing contracting out any provision or operation of the Act
- - 10 000 - -
Traffic Penalties updated March 2013 P
THE AUSTRALIAN ROAD RULES
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
20 Speeding
Exceeding applicable speed-limit on length of road—
by less than 10kph - - 2500 150 2
by 10 kph or more but less than 20 kph - - 2500 330 3
by 20 kph or more but less than 30 kph 670 5
by 30 kph or more - - 2500 800 7
27(1) Failing to keep left when starting left turn (from other than multi-lane road)
-
-
2500
281
2
28(1) Failing to keep within left lane when starting left turn on multi-lane road
-
- 2500 281 2
28(1A) Failing to use slip lane when starting left turn on multi-lane road
- - 2500 281 2
28(2A) Bicycle rider starting left turn on multi-lane road from incorrect position in bicycle storage area
- - 2500 50
2
29(1) Failing to make left turn as indicated by turn line
-
- 2500 281
2
31(1) Starting right turn incorrectly (from other than multi-lane road)
-
- 2500 281
2
32(1) Failing to keep within right lane when starting right turn (on multi-lane road)
-
- 2500 281
2
32(2A) Bicycle rider starting right turn on multi-lane road from incorrect position in bicycle storage area
- - 2500 50 2
33(1) Making right turn at intersection incorrectly - - 2500 281 2
34(1) Making hook turn at "hook turn only" sign incorrectly
- - 2500 252 2
35(2) Bicycle rider making hook turn at intersection with "no hook turn only" sign, etc. incorrectly
- - 2500 50 -
36 Bicycle rider making hook turn contrary to "no hook turn by bicycles sign"
- - 2500 50 -
37 Starting U-turn without clear view, etc. - - 2500 336 2
38 Failing to give way when making U-turn - - 2500 336 3
39(1) Making U-turn contrary to "no U-turn sign" at break in dividing strip
-
-
2500
316
2
39(2) Making U-turn contrary to "no U-turn sign" on length of road
-
-
2500
316
2
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
Traffic Penalties updated March 2013
Page 23
40 Making U-turn at intersection with traffic lights and "no U-turn permitted" sign
-
-
2500
316
2
41 Making U-turn at intersection without traffic lights and without "U-turn permitted" sign
-
-
2500
316
2
42 Starting U-turn at intersection from incorrect position
- - 2500 336 2
46(1) Failing to give left change of direction signal before turning left
- - 2500 275 2
46(4) Failing to stop giving left change of direction signal after turning left
- - 2500 184
48(1) Failing to give right change of direction signal before turning right
- - 2500 275 2
48(4) Failing to stop giving right change of direction signal after turning right
- - 2500 184 2
51 Using direction indicator lights when not permitted
- - 2500 184 2
53(1) Failing to give stop signal before stopping or suddenly slowing
- - 2500 275 2
53(2) Failing to give sufficient warning of stopping
- - 2500 275 2
53(3) Failing to give stop signal while slowing - - 2500 275 2
56(1) Failing to stop for red traffic light - - 2500 404 3
56(2) Failing to stop for red traffic arrow - - 2500 404 3
57(1) Failing to stop for yellow traffic light - - 2500 404 3
57(2) Failing to stop for yellow traffic arrow - - 2500 404 3
57(3) Failing to leave intersection showing yellow traffic light or arrow
- - 2500 404 3
59(1) Proceeding through red traffic light - - 2500 404 3
60 Proceeding through red traffic arrow - - 2500 404 3
60A(1) Proceeding through bicycle storage area before red traffic light
- - 2500 316 3
60A(2) Proceeding through bicycle storage area before red traffic arrow
- - 2500 316 3
61(2) Failing to stop at intersection when traffic lights or arrows change to yellow or red
- - 2500 404 3
61(5) Failing to leave intersection when traffic lights or arrows change to yellow or red
- - 2500 404 3
62(1) Failing to give way when turning at intersection with traffic lights
-
-
2500
373
3
63(2) Failing to give way at intersection with traffic lights not operating or only partly
- - 2500 373 3
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
Traffic Penalties updated March 2013
Page 24
operating—where traffic light-stop sign
63(3) Failing to give way at intersection with traffic lights not operating or only partly operating—where no traffic light-stop sign
- - 2500 373 3
64 Failing to give way at flashing yellow traffic arrow at intersection
-
-
2500
373
3
65(2) Failing to give way at marked foot crossing (except at intersection) with flashing yellow traffic light
- - 2500 353 3
66(1) Failing to stop for twin red lights (except at level crossing)
-
-
2500
90
3
66(4) Proceeding after stopping for twin red lights (except at level crossing)
-
-
2500
90
3
67(1) Failing to stop and give way at stop sign or stop line at intersection without traffic lights
-
-
2500
373
3
68(1) Failing to stop and give way at stop sign or stop line at other place
-
-
2500
316
3
69(1) Failing to give way at give way sign or give way line at intersection
-
-
2500
373
3
70 Failing to give way at give way sign at bridge or length of narrow road
-
-
2500
373
3
71(1) Failing to give way at give way sign or give way line at other place
-
-
2500
316
3
72(1) Failing to give way at intersection (except T-intersection or roundabout)
-
-
2500
373
3
73(1) Failing to give way at T-intersection - - 2500 373 3
74(1) Failing to give way when entering road from road-related area or adjacent land
-
-
2500
336
3
75(1) Failing to give way when entering road-related area or adjacent land from road
-
- 2500 336 3
76(1) Moving into path of tram travelling in tram lane, etc.
-
-
2500
184
3
76(2) Failing to move out of path of tram travelling in tram lane, etc
2500 184 3
77(1) Failing to give way to bus - - 2500 184 3
78(1) Moving into path of police or emergency vehicle
- - 2500 373 3
78(2) Failing to move out of path of police or
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
237(1) Getting on or into moving vehicle - - 2500 159 -
238(1) Pedestrian travelling along road—failing to use footpath -
-
2500 43
-
238(2) Pedestrian travelling along road—failing to keep to side or face approaching traffic or walking abreast
-
-
2500
43
-
239(1) Pedestrian on bicycle path or separated footpath
-
-
2500
43
-
239(3) Pedestrian on bicycle path or separated footpath—failing to keep out of path of bicycle, etc.
-
-
2500
43
-
239A Travelling in or on wheeled recreational device or wheeled toy past “no wheeled recreational devices or toys” sign
- - 2500 50
240(1) Travelling in or on wheeled recreational device or wheeled toy on certain types of roads
-
-
2500
50
-
240(2) Travelling in or on wheeled recreational device at night or during certain times
-
-
2500
50
-
240(3) Travelling in or on wheeled toy on certain road or during certain times
-
-
2500
50
-
241(1) Travelling in or on wheeled recreational device or toy on road—failing to keep to left or travelling abreast
-
-
2500
50
-
242(1) Travelling in or on wheeled recreational device or toy on footpath or shared path—failing to keep left or give way
-
-
2500
50
-
243(1) Travelling on rollerblades, etc. on bicycle path or separated footpath
- --
2500
50
-
243(2) Travelling on rollerblades, etc. on bicycle path etc.—failing to keep out of path of bicycle
-
-
2500
50
-
244(1) Travelling in or on wheeled recreational device or wheeled toy that is being towed by vehicle
-
-
2500
50
-
244(2) Travelling in or on wheeled recreational device or wheeled toy while holding onto moving vehicle
-
-
2500
90
-
244(3) Travelling in or on wheeled recreational device or wheeled toy too close to rear of moving motor vehicle
-
-
2500
50
-
244B Travelling on motorised scooter—failing to wear bicycle helmet
2500 90
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
Traffic Penalties updated March 2013
Page 36
244C Travelling on motorised scooter on road or road-related area
- - 2500 90
245 Riding bicycle not in accordance with rule - - 2500 50 -
246(1) Carrying on bicycle more persons than bicycle designed to carry
-
-
2500
50
-
246(2) Passenger on bicycle—passenger failing to sit in passenger seat - - 2500
50 -
246(3) Riding bicycle with passenger not sitting in passenger seat
- - 2500 50 -
247(1) Failing to ride in bicycle lane on road - - 2500 50 -
247A(1)
Bicycle rider failing to enter bicycle storage area correctly at intersection with red traffic light or arrow
- - 2500 50 2
247B(1)
Bicycle rider failing to give way when entering bicycle storage area
- - 2500 50 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 50 3
248(1) Riding bicycle across road on children’s crossing or pedestrian crossing
-
-
2500
50
-
248(2) Riding bicycle across road on marked foot crossing
20(3) Driving or towing vehicle on certain roads while transporting dangerous substance .......................................................................................................
$261
20A(2) Towing prohibited number of vehicles $261
21(1) Parking in certain public places $1250
Parking in City of Adelaide Park Lands $122
Parking in other public place $58
22(3) Contravening notice prohibiting fishing or other specified activities from specified bridge or causeway
$750 $90
23(1) Failing to ensure dog does not enter or remain on certain bicycle paths $750 $190
25(2) Driving or towing on road vehicle not complying with requirements of regulation—vehicle altered from original specifications
$87
44(1) Contravening or failing to comply with provision of regulations
Contravention of or failure to comply with—
reg. 19B(1) Heavy vehicles and minimum allowable travel time $2500 $491
reg. 19E Evasive action in relation to Safe-T-Cam photographic detection devices
$2500 $491
reg. 28 Riding bicycle not complying with requirements of regulation $2500 $25
reg. 29(1) Bicycle rider towing vehicle other than bicycle trailer complying with regulation or towing more than one vehicle
$2500
$50
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
$2500
$333
reg. 37(3) Selling, or offering for sale, for use in motor vehicle child restraint or part of child restraint not approved
$2500
$333
reg. 38(2) Selling, or offering for sale, for use by motor bike rider or passenger helmet not complying with standard
$2500
$333
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