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PO Box 1835 PENRITH NSW 2751

Traffic Offenses

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Road Rules You Might Not Know About

ROAD RULES YOU MIGHT NOT KNOW ABOUT

Most of us know our main stream road rules back to front. There are some other road rules in New South Wales that you might not be aware of however, and they can be a little quirky. Here are some examples:

  1. Did you know that you can’t use a mobile phone at all, even via Bluetooth, if you are a P-plater? Since December 2016, a P-plater cannot use a mobile phone in any capacity in a car.

    You can also be charged with a mobile phone related offence if your phone is sitting on your lap, even if you are not using it while you are on the car, or if you are flicking through emails or sending a quick text while in a fast food drive through.

    The best way to protect yourself from this type of offence is to adopt a “hands off” policy if the vehicle is on and keep your hands off your phone.

  2. It is an offence to have part of your body outside of your window. This means that if you are one of those people that stick your arm out of your window while you are driving, or farewell friends and family with a wave from your car window, you could be guilty of an offence. It is also an offence to toot your horn in farewell, as this is considered an inappropriate use of your car’s warning device.
  3. Keeping left – irrespective of how many cars are on the road, you must keep left unless overtaking. FYI – you can also however be charged with driving dangerously slow, so remember even if you are in the left lane, it is best to stick to or close to the speed limit.
  4. Roundabouts – remember you must indicate left whenever leaving a roundabout. If you do not, you are guilty of an offence and may receive a fine.
  5. Make sure you always lock your car and remove the keys from the ignition. It is an offence to be standing more than three metres from your car without removing the ignition key and locking the doors and windows.
  6. When it comes to passengers, make sure they remember that their conduct could lead to the driver getting a fine as well. For example, somebody reclining in the front passenger seat can be deemed to be a seatbelt offence and attract a fine for the driver.

There are a range of other quirky little road rules that might find you in a bit of strife if you come across an overzealous police officer, but these are a good, practical start.

Take care on the roads.

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Appealing a Licence Suspension

If you have received a letter from Roads & Maritime Services indicating that your licence has been suspended due to the accrual of too many demerit points you can appeal this decision.
To do this you need to follow the instructions on the back of the letter you receive from the RMS to lodge your appeal online. You will then be allocated a Court date in a Local Court.

We have set out below the things that you will need to demonstrate to the Court to prove that you are a fit and proper person to hold a driving licence. It is important to remember that if you do lodge an appeal you are allowed to continue to drive until such a time that your appeal is heard.

In preparing for your appeal you should consider the following:

  1. Completing a “Traffic Offender’s Program”. Courts tend to look kindly on people who voluntarily educate themselves as to the dangers of their offending.
  2. A reference demonstrating your good character.
  3. Evidence of any flow on effects of your loss of licence, for example if your loss of licence will lead to a loss of employment then a letter from your employer indicating that this is the case may assist.
  4. In some circumstances a letter from you addressed to the Magistrate can assist in demonstrating what you have learned and the price you have paid in relation to the offence and the prospect of losing your licence.

It will also be necessary for you to demonstrate to the Court whether you have a need for a licence, whether you are a person who completes any community work, whether any other person is dependent on you to transport them and your status in relation to employment or study.

You will receive one of three results as a result of an appeal against your suspension:

  1. The appeal will be allowed and you will not have to serve a suspension.
  2. The appeal will be dismissed but the Magistrate will reduce your period of suspension.
  3. Your appeal will be dismissed and you will have to serve your entire suspension.

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Drink Driving Offences in NSW

One of the most common charges that bring people before the Courts is drink-driving. The Courts have great concern for public safety and as a result do not look kindly on drink drivers, in particular those who have a prior history of drink driving charges.

The three main types of drink-driving charges are:

  • Low Range – Prescribed Concentration of Alcohol (PCA) reading between 0.05-0.079
  • Mid Range Drink Driving- PCA reading between 0.08-0.149
  • High Range Drink Driving- PCA reading of 0.15 or higher.

When a person is found guilty of drink driving the Courts consider a number of factors in deciding what punishment to impose. These factors include whether you have completed a traffic education program, whether you had a reason for driving at the time of the offence, the manner in which you were driving (e.g. were you simply pulled over for a random breath test or driving erratically/dangerously) and your need for a Driver License.

If you are convicted of a drink-driving offence and it is your first offence the following penalties may be imposed:

  • Low Range – $1,100 fine and license disqualification of 3-6 months
  • Mid Range – $2,200 fine, maximum prison sentence of 9 months and license disqualification of 6-12 months
  • High Range – $3,300 fine, maximum prison sentence of 18 months, license disqualification of 6-9 months and a 2 year interlock period.

“Interlock” refers to the mandatory installation of an interlock device on your vehicle which will not permit you to operate the vehicle if you have any alcohol in your system. If you have to serve a mandatory interlock period you cannot drive any vehicle that does not have an interlock device fitted.

If you are charged with more than one drink-driving offence during any five year period the penalties are much more severe and mandatory interlock periods apply to any offence that is not a first offence.

Think twice before driving a car with alcohol in your system. Not only do you have safety to consider, but the penalties can be quite significant. If you have found yourself on the wrong side of the law, contact Complete Legal and Conveyancing for some advice.

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Traffic Offenses

Traffic offenses – what can you do?

We have all our found ourselves on the wrong end of a traffic fine now and then. Here are some tips on what you can do if you do find yourself in breach.

Usually you will receive your charge/fine in one of the following ways:

  • Field ticket/penalty notice – the police officer who books you will give you a ticket/penalty notice on the spot
  • Court Attendance Notice – for more serious offenses (such as driving under the influence of alcohol) you may need to go to Court, and will receive a notice on the spot or in the mail
  • Suspension Notice – if you exceed your quota of demerit points you may receive a letter in the mail telling you your license is suspended

If you have received a penalty notice you can elect to take the matter to court by following the instructions on the back of the ticket. You will then receive a court date by email or post and should see a solicitor in the meantime for some advice.

If you think a mistake has been made you can make an application to have the offense overturned, for example if you weren’t driving the vehicle at the time the offense was committed or you think your vehicle has been incorrectly identified.

If you receive a license suspension letter for accruing too many demerit points you may be able to seek leniency or avoid a suspension in special circumstances, for example if you have a good traffic record and need your license for your work.

There is in age old saying in the law that goes “he who represents himself has a fool for a client”. If you are contesting a traffic matter, you need expert advice. Contact Complete Legal today to find out more.