Penalties & Offences

Breaking the Road Traffic Act has real consequences. Some violations are minor and handled with a fixed penalty notice (ticket), while others are serious offences that may lead to court action, heavy fines, licence suspension, vehicle impoundment, or even imprisonment.

➡ For related topics, see:

• Insurance & Documents — insurance rules and carrying documents
• Speed Limits — statutory speed limits and penalties
• Seatbelts & Child Restraints — requirements for drivers and passengers

Fixed Penalty Notices

For minor traffic offences, police officers may issue a fixed penalty notice. This is essentially a ticket, and paying it within the required time usually settles the matter without going to court.

Examples of fixed penalty offences:

• Improper parking (including parking on sidewalks) — up to $80
• Failing to signal — about $100
• Driving in a prohibited area
• Having defective lights

Court Offences

More serious violations are dealt with in the Magistrate’s Court. These cases can result in:

• Larger fines
• Licence suspension or disqualification
• Vehicle impoundment
• Imprisonment (for very serious offences or repeat offenders)

Examples include:

• Using a private vehicle for hire without a licence — fines of $500–$1,000
• Unlicensed heavy-duty vehicle — $250 fine for a first offence; $400 or up to 3 months’ imprisonment for repeat offences
• Reckless driving causing death — up to 15 years’ imprisonment

Insurance Offences

Driving without valid insurance is a serious offence.

• Police may impound your vehicle immediately ^[3] .
• A $300 release fee and proof of valid insurance are required for release.
• Court action and fines may also apply.

➡ See Insurance & Documents for details on what documents you must carry and the rules for insurance policies.

Careless & Dangerous Driving

The Road Traffic Act distinguishes between careless driving and dangerous driving.

• Careless driving happens when a driver fails to pay enough attention or drives without reasonable consideration for others. Examples include failing to signal, changing lanes suddenly, or blocking a junction. ^[3]
• Dangerous driving is more serious. It means driving in a way that could clearly endanger life or property. Examples include overtaking where it is prohibited, running a STOP sign at speed, or reckless manoeuvres at junctions. ^[2]

Penalties:

• Careless driving: fines, 5 demerit points, and possible licence suspension.
• Dangerous driving: higher fines, 7+ demerit points, and possible imprisonment.
• Dangerous driving causing death: imprisonment up to 15 years.

➡ Related rules: Lane Discipline, Overtaking, and Junctions.

Mobile Phones & Distraction

Using a hand-held mobile phone while driving is prohibited under the Road Traffic Act.

• You must not use a hand-held phone to make calls, text, or browse while driving ^[5] .
• You may use a hands-free system, provided it does not cause distraction.
• Even when legal, drivers remain responsible for keeping full control of the vehicle.

Penalties:

• Hand-held phone use while driving is punishable by a fixed penalty fine.
• Offenders may also receive demerit points for driving without due care and attention.

➡ See Lane Discipline and Junctions — distraction often leads to failing to signal, poor lane control, or misjudging priorities.

Vehicle Offences

It is also an offence to drive or allow a vehicle to be used if it is unsafe, noisy, or defective.

• Driving with defective equipment (e.g. brakes, tyres, exhausts) may attract fines ^[1] .
• Police may require you to repair faults immediately, and failing to do so can result in an $80 fine ^[2] .

➡ See Vehicle Standards & Equipment for detailed requirements.

Vehicle Impoundment

Police officers have authority to impound vehicles in two cases:

• The driver cannot produce a valid insurance certificate
• The vehicle is unlicensed

To release the vehicle, the owner must provide:

• Proof of valid licence or insurance, and
• Payment of a $300 release fee

If a vehicle remains impounded for more than one year, the Commissioner of Police has authority to sell it, with proceeds applied to costs.

Demerit Points

In addition to fines or court penalties, certain offences carry demerit points ^[4] . These points are recorded against your licence when you are convicted.

• Points remain on your record for 12 months.
• If you accumulate 12 points or more within 12 months, the Road Traffic Controller may suspend your licence.
• Repeat or serious offenders may face longer suspensions or full disqualification.

Examples of demerit points:

• Failing to stop at a stop sign — 3 points
• Overtaking dangerously — 4 points
• Driving without due care and attention — 5 points
• Driving under the influence of alcohol or drugs — 10 points

Common Offences & Penalties

Some examples of offences and penalties under the Road Traffic Act include:

• Failing to present a vehicle for inspection — $100
• Failing to dip headlights for oncoming traffic — $100
• Driving without licence plates or a valid licence disc — $250
• Parking on sidewalks — $80
• Driving without valid insurance — vehicle may be impounded, plus fines or court penalties
• Driving without a valid licence — vehicle may be impounded, plus further penalties

Why It Matters

The penalties set out in the Road Traffic Act are not just about collecting fines. They are meant to discourage dangerous behaviour and protect everyone who uses the road.

Frequently Asked Questions