Traffic offences and penalties - Handbook Home

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is to be taken into account despite its subsequent withdrawal except if the notice of withdrawal specifies that it is withdrawn because— (a) the issuing authority has received a statutory declaration or other document sent to the authority by the alleged offender in accordance with a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

Page 3

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

16(11) Contravene permit requirements - - $750 $99 -

23A Sell motor vehicle without report lodged - - $750 - -

41(2) Misuse of vehicle reg. at reduced fees - - $750 - -

41(2a) Contravene/fail to comply with condition of

registration - - $750 - -

43A(3) Causing or permitting unregistered heavy

vehicle to be driven on road - - $2,500 $325 -

43A(7) Failing to carry temporary configuration

certificate in vehicle or to produce it for

inspection by police officer or authorised officer - - $250 $49 -

44(4) Fail to notify of modifications etc. - - $750 - -

44(4a) Fail to comply with notice under sub-s (1a) - - $750 - -

47 Drive without number plate - - $5000 $601 -

47(1) Duty to carry number plates - - $5000 $601 -

47(1a) Registered owner/operator contravening duty to

carry number plates - - $5000 $601

47A(7) Display improper plate - - $5000 $601 - 47B(2) Sell/supply number plate without authority - - $5000 $601 -

47C(3) Failing to comply with direction of Registrar

to return number plates - - $5,000 $272 -

47D(1)(a) Drive bearing number plate not allotted to vehicle - - $5000 $601 -

47D(1)(b) Drive bearing defaced/mutilated number plate - - $5000 $601 -

47D(1)(c) Drive bearing colourable imitation of number plate - - $5000 $601 -

47D(1)(d) Possession of number plate or resemblance

without lawful excuse - - $5000 $601 -

47D(2) Registered owner/operator contravening duty


Page 4

to carry legible number plates - - $5000 $601

48(1b) Failure to destroy previously issued label $250

48(3) Drive on road with heavy vehicle without

Registration label - - $750 $119 -

48(3a) Registered owner/operator fail comply with

directions at to reg. label - - $750 $119

52(3) Failure to return or destroy reg. label - - $750 - -

53 Drive invalid/ imitation/ altered reg. label - - $750 $116 -

53(1)(a) Drive vehicle with reg label or permit that is no

longer in force or issued in respect to another vehicle - - $750 $116 -

53(1)(b) Drive vehicle with reg label or permit that has been

defaced/altered/mutilated - - $750 $116 -

53(1)(c) Drive vehicle with colourable imitation of reg. label

or permit - - $750 $116 -

53(1)(d) Possess resemblance of reg. label or permit

without lawful excuse - - $750 $116 -

53(1a) Registered owner/operator contravening duty to

hold valid reg. label or permit - - $750 $116 -

56 Fail to notify within 7 days of selling of vehicle or fail to give reg. papers to buyer - - $1250 $227 -

57 Where reg papers given to buyer fail to sign or notify within 7 days - - $1250 - -

66(2) Improper use of General Traders Plates

Driver & Owner of the T/P each liable - - $1250 $116 -

70(2) Fail to surrender Traders Plates - - $750 - -

71(1) Not notify w/in 7 days of acquisition of T/Plates - - $750 - -

71B(2) Failure to return replacement plate, certificate or label

upon finding original - - $250 $116

71H(4) Driving w/out speeding limiting device (heavy vehicle) - - $2500 - -

72A(2) Acting as qualified supervising driver while drunk/drug- - $1250 $236

Licences


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) - - - - -


Page 5

Learners Permit


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


80(5) Contravene condition or restriction of temporary driving permit -- $1250 - -

81(4) Contravene endorsed condition ( pursuant s.81) - - $1250 $317 -

Provisional Licences


81A(5) Contravene condition of probationary license - - $1250 - -

81A (13) Contravening condition of provisional license - - $1250 $317

81A(14) Must not exceed 100 km/h - - $1250 - -

(15)(a) Driving motor bike with no ‘P’ plate - - $1250 $317

(15)(b) Driving with only 1 ‘P’ plate - - $1250 $185

(16) Must not drive high powered vehicle - - $1250 $317 -

Probational Licences (applied for after a period of disqualification)

81AB(5) Contravening condition of probationary license - - $ 1250 $317 -

81AB(1)(a) must carry licence $ 1250 $250 -

81AB(1)(b) 0.0 alcohol $ 1250 $250 -

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


Page 6

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


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 -

98AAD Possess falsely obtained licence/learner’s permit $2500

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


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 - -


Page 7

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/

accident spotting(tow trucks). - - $2500 MK Repairing, storing, quoting vehicle illegally - - $10,000 - - ML Fail attach cert. to uniform/prod cert. forthwith - - $750 - -

98N Contravention trade plates T/T - - $750 - - 98O Unauthorised person in truck - - $750 - - 98P(4) Assault, hinder, refuse or fail answer truth

to inspector - - $20,000 (4a) Abuse threaten, insult language to inspector - - $750 - - 98PA Fail attend/produce inform. when req. by Inspt. - - $2500 - -

Disabled Parking Section Offence Gaol Licence Fine EXP. Demerit

98U Falsely use disabled persons parking permit - - $750 - - 98V Fail return disabled parking permit on demand - - $750 - -

Third Party Insurance


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.


Page 8

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 - -

139D Breach confidentiality (administration) - - $5000 - -

139G Inspector uses offensive language or hinders/obstructs/

uses/threatens to use force $1250

143 Person who causes or permits contravention

of MV Act 1959 is also guilty of that offence - - liable to penalty

** expiation fee will be that prescribed for the expiable offence for that offence ** -

Time Limit

144 Limitation of time for bringing proceedings under M.V. Act 1959 is 2 years from the date on which the offence is alleged to have been committed.

Expiable offence within the time limits prescribed by the Summary Procedure Act 1921. See Above.


Page 9

MOTOR VEHICLES ACT REGULATIONS 2010


9(2) Driving self-propelled elevating work platform

Without registration or insurance and does

No provide proof of public liability insurance - - $750 - -

32(1) Possess/display imitation traders plate - - $1250 - -

32(2) Sell/supply trade plates without Minister’s approval - - $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 - -


Page 10

CRIMINAL LAW (SENTENCING) ACT 1988 (SA)


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)


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.


Page 11

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

-

-

2500

3

41G Embargo Notices 10 000

41M Obstructing/hindering authorised officers/police

10 000

41N Impersonating authorised officers 10 000

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


Page 12

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


Second offence

-

min 6 mths

1100

4


Third offence

-

Min 9 mths

1100

4


Subsequent offence

-

min

12 mths

1100

4

Category 2 offence – 0.08 to 0.149

First offence

-

min 6mths

900-1300

-

5


Second offence

-

Min

12 mths

1100-1600

-

5


Third offence

-

Min

2 yrs

1500-2200

-

5


Subsequent offence

-

Min

2 yrs

1500-2200

-

5

Category 3 offence – 0.15 over

First offence

-

min 12mths

1100-1600

-

6


Second offence

-

Min

3 yrs

1600-2400

6


Third offence

-

Min

3 yrs

1900-2900

6


Subsequent offence

-

Min

3 yrs

1900-2900

6

47BA Driving with prescribed drug in oral fluid 532


Page 13

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.


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 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 more than 30 kph 800 7

83(1)(a) Speeding past an emergency vehicle


Page 15

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 -


Page 16

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


Page 17

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


Natural person

Body corporate

348

465

645

821

126(4) Liability of packer

Natural person

Body corporate

645

821

127(2) Liability of loader



Page 18

Natural person

Body corporate


Natural person

Body corporate

348

465

645

821

128(2) Consignee liability


Natural person

Body corporate


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;


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


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

-

-

2500

261

-

162C(1) and (2)

Riding without helmet (bicycle etc) 90

163N Contravention of improvement notice - - 10 000 - -

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.


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 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



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



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



Page 25

emergency vehicle................................................................- - 2500 373 3

79(1) Failing to give way to police or emergency vehicle

-

-

2500

373

3

80(1) Driving near children’s crossing at speed at which driver can not stop safely

-

-

2500

-

3

80(2) Failing to stop at children's crossing - - 2500 373 3

80(3) Failing to obey hand-held stop sign at children's crossing

-

-

2500

316

3

80(4) Proceeding while pedestrian on children's crossing

-

-

2500

373

3

81(1) Driving near pedestrian crossing at speed at which driver cannot stop safely

-

-

2500 -

3

81(2) Failing to give way at pedestrian crossing - - 2500 353 3

82 Overtaking or passing vehicle at children's crossing or pedestrian crossing

-

-

2500

353

3

83 Failing to give way to pedestrian in shared zone

- - 2500 295 3

84(1) Failing to give way when driving through break in dividing strip

-

-

2500

336

3

85 Failing to give way on painted island - - 2500 316 3

86(1) Failing to give way in median turning bays - - 2500 336 3

87(1) Failing to give way when moving from side of road

-

-

2500

303

3

87(3) Failing to give way when moving from median strip parking area

-

-

2500

303

3

88(1) Failing to turn left at intersection with "left turn only" sign

-

-

2500

316

2

88(2) Failing to turn left when in left lane at intersection with "left lane must turn left" sign

-

-

2500

316

2

89(1) Failing to turn right at intersection with "right turn only" sign

-

-

2500

316

2

89(2) Failing to turn right when in right lane at intersection with "right lane must turn right" sign

-

-

2500

316

2

90 Turning at intersection with "no turn" sign - - 2500 316 2

91(1) Turning left at intersection or other place - - 2500 316 2



Page 26

with "no left turn" sign

91(2) Turning at intersection or other place with "no right turn" sign

- - 2500 316 2

92(1) Failing to drive in direction indicated by traffic lane arrows

-

-

2500

316

3

93(1) Driving or overtaking on bridge or length of road where "no overtaking or passing" sign applies

-

-

2500

316

2

94 Overtaking on bridge with "no overtaking on bridge" sign

-

-

2500

316

2

95(1) Driving in emergency stopping lane - - 2500 316 3

96(1) Stopping on area of road marked with keep clear marking

-

- 2500 316 3

97(1) Driving on length of road where "road access" sign applies

-

-

2500

316

3

98(1)

Driving in wrong direction on length of road where "one-way" sign applies

-

-

2500

373

3

99(1) Failing to drive to left of "keep left" sign - - 2500 316 3

99(2) Failing to drive to right of "keep right" sign - - 2500 316 3

100 Driving past "no entry" sign - - 2500 316 3

101(1) Failing to stop before hand-held stop sign - - 2500 316 3

101(2) Proceeding after stopping for hand-held stop sign

-

-

2500

316

3

101A(1)

Driving on safety ramp or arrester bed 2500

316

3

102(1) Driving past "clearance" or "low clearance" sign

- - 2500 316 3

103(1) Driving past "bridge load limit (gross mass)" or "gross load limit" sign—vehicle exceeding gross mass indicated by sign

-

-

2500

316

3

103(2) Driving past "bridge load limit (mass per axle group)" sign—vehicle axle group carrying mass exceeding mass indicated by sign

-

-

2500

316

3

104(1) Driving past "no trucks" sign - vehicle GMV exceeding permitted mass

-

-

2500

316 3

104(2) Driving truck past "no trucks" sign—vehicle or combination exceeding permitted length

-

-

2500

316

3

104(3) Driving truck past "no trucks" sign where no 3



Page 27

mass or length indicated - - 2500 316

105 Failing to enter area indicated by "trucks must enter" sign

-

-

2500

316

3

106(1) Driving bus past "no buses" sign—bus exceeding mass indicated by sign

-

-

2500

316

3

106(2) Driving bus past "no buses" sign—bus exceeding length indicated by sign

- - 2500 316 3

106(3) Driving bus past "no buses sign" where no mass or length indicated

-

-

2500

316

3

107 Failing to enter area indicated by "buses must enter" sign

-

-

2500

316

3

108(1) Failing to drive truck or bus in low gear on length of road where "trucks and buses low gear" sign applies

-

-

2500

316

3

111(1) Failing to enter roundabout from multi-lane road or road with 2 or more lines of traffic travelling in same direction correctly

-

-

2500

316

3

112(2) Failing to give left change of direction signal when entering roundabout

-

-

2500

275

2

112(3) Failing to continue left change of direction signal while on roundabout

-

-

2500

275

2



Page 28

113(2) Failing to give right change of direction signal when entering roundabout

-

-

2500

275

2

113(3) Failing to continue right change of direction signal while in roundabout

-

-

2500

275

2

114(1) Failing to give way when entering roundabout

- - 2500 373 3

114(2) Failing to give way to tram when driving in roundabout

-

-

2500

373

3

115(1) Failing to drive in roundabout to left of central traffic island

-

-

2500

373

2

116 Failing to obey traffic lane arrows when driving in or leaving roundabout

-

-

2500

316

3

117(1) Failing to give left change of direction signal when changing marked lanes or lines of traffic in roundabout

-

-

2500

275

2

117(2)

Failing to give right change of direction signal when changing marked lanes or lines of traffic in roundabout

-

-

2500

275

2

118(1) Failing to give left change of direction signal when leaving roundabout

-

-

2500

275

2

118(2) Failing to stop left change of direction signal after leaving roundabout

-

-

2500

275

2

119 Failing to give way by rider of bicycle or animal to vehicle leaving roundabout

-

-

2500

50

3

121 Failing to stop and give way at stop sign at level crossing

-

-

2500

404

3

122 Failing to give way at give way sign or give way line at level crossing

-

-

2500

404

3

123 Entering level crossing when train or tram is approaching, etc.

-

-

2500

404

3

124 Failing to leave level crossing as soon as safe to do so

-

-

2500

404

3

125(1) Unreasonably obstructing path of other driver or pedestrian

-

-

2500

101

-

126 Failing to keep safe distance behind other vehicles

-

-

2500

291

1

127(1) Failing to keep required minimum distance



Page 29

behind long vehicle - - 2500 212 1

128 Entering blocked intersection - - 2500 216 3

128A Entering blocked crossing - - 2500 216 3

129(1) Failing to keep to far left side of road - - 2500 265 2

130(2) Driving in right lane on certain multi-lane roads

- - 2500 224 2

131(1) Failing to keep to left of oncoming vehicles - - 2500 295 2

132(1) Failing to keep to left of centre of road - - 2500 336 2

132(2) Failing to keep to left of dividing line—dividing line formed by 2 parallel continuous lines

-

-

2500

336

3

132(2) Failing to keep to left of dividing line—any other dividing line

-

-

2500

336

2

132(2A)

Making U-turn across certain dividing lines - - 2500 336 3

135(1) Failing to keep to left of median strip - - 2500 280 3

136 Driving in wrong direction on one-way service road

-

-

2500

280

2

137(1) Failing to keep off dividing strip - - 2500 212 -

138(1) Failing to keep off painted island - - 2500 224 -

140 Overtaking when not safe to do so - - 2500 265 2

141(1) Driver overtaking to left of other vehicle - - 2500 291 2

141(2) Bicycle rider overtaking to left of vehicle turning left

-

-

2500

50

2

142(1) Overtaking to right of vehicle turning right - - 2500 303 2

143(1) Passing or overtaking to left of turning left vehicle displaying "do not overtake turning vehicle" sign

-

-

2500

182

2

143(1A)

Passing or overtaking to left of vehicle displaying “do not overtake turning vehicle” sign

- - 2500 182 2

143(2) Passing or overtaking to right of turning right vehicle displaying "do not overtake turning vehicle" sign

-

-

2500

182

2

144 Failing to keep safe distance when overtaking

- - 2500 265 2

145 Increasing speed while being overtaken - - 2500 263 2

146(1) Failing to drive within single marked lane - - 2500 224 3

146(2) Failing to drive within single line of traffic - - 2500 224 3

147 Moving from one marked lane to another



Page 30

marked lane across continuous line - - 2500 224 -

148(1) Failing to give way when moving from one marked lane to another marked lane

-

-

2500

289

3

148(2) Failing to give way when moving from one line of traffic to another line of traffic

-

-

2500

289

3

148A Failing to give way when diverging left or right within marked lane

- - 2500 289 3

149 Failing to give way when lines of traffic merge into single line of traffic

-

-

2500

289

3

150(1) Driving on or across continuous white edge line

- - 2500 90 -

151(1) Riding motor bike or bicycle alongside more than 1 other rider on non multi-lane road

-

-

2500

90

3

151(2) Riding motor bike or bicycle alongside more than 1 other rider in marked lane

-

-

2500

90

3

151(4) Riding motor bike or bicycle more than 1.5 metres from another rider

-

-

2500

90

3

152(1) Driving in marked lane to which overhead lane control device applies—failing to comply with rule

-

-

2500

316

3

153(1) Driving in bicycle lane - - 2500 232 -

154(1) Driving in bus lane - - 2500 232 -

155(1) Driving in tram lane - - 2500 232 3

155A(1)

Driving in tramway - - 2500 232 3

156(1) Driving in transit lane - - 2500 232 -

157(1) Driving in truck lane - - 2500 232 -

159(1) Driving in marked lane required to be used by particular kinds of vehicles

-

-

2500

232

-

160(2) Passing or overtaking to right of tram not at or near far left side of road

-

-

2500

291

2

160(3) Passing or overtaking left turning, etc. tram not at or near far left side of road

-

-

2500

291

2

161(2) Passing or overtaking to left of tram at or near the left side of road

-

-

2500

291

2

161(3) Passing or overtaking tram turning right or giving right change of direction signal

-

-

2500

291

2



Page 31

162(1) Driving past safety zone - - 2500 373 3

163(1) Driving past rear of stopped tram - - 2500 373 3

164(1) Failing to give way to pedestrians crossing road near stopped tram

- - 2500 373 3

167 Stopping where "no stopping" sign applies - - 2500 83 -

168(1) Stopping where "no parking" sign applies - - 2500 66 -

169 Stopping on road with continuous yellow edge line

-

-

2500

83

-

170(1) Stopping in intersection - - 2500 83 -

170(2) Stopping within 20 metres of intersection with traffic lights

-

-

2500

83

-

170(3) Stopping within 10 metres of intersection without traffic lights

-

-

2500

83

-

171(1) Stopping on or near children's crossing - - 2500 83 -

172(1) Stopping on or near pedestrian crossing (except at intersection)

-

-

2500

83

-

173(1) Stopping on or near marked foot crossing (except at intersection)

- - 2500 83 -

174(2) Stopping at or near bicycle crossing lights (except at intersection)

- - 83

175(1) Stopping on or near level crossing - - 2500 83 -

176(1) Stopping on clearway - - 2500 232 -

177(1) Stopping on freeway - - 2500 232 -

178 Stopping in emergency stopping lane - - 2500 232 -

179(1) Stopping in loading zone - - 2500 58 -

179(2) Stopping in loading zone—exceeding time in loading zone

-

-

2500

58

-

180(1) Stopping in truck zone - - 2500 58 -

181(1) Stopping in works zone - - 2500 58 -

182(1) Stopping in taxi zone - - 2500 111 -

183(1) Stopping in bus zone - - 2500 111 -

184(1) Stopping in minibus zone - - 2500 83 -

185(1) Stopping in permit zone - - 2500 58 -

186(1) Stopping in mail zone - - 2500 58 -

187(1) Stopping in bus lane, transit lane or truck lane

- - 2500 232 -

187(2) Stopping in bicycle lane - - 2500 232 -

187(3) Stopping in tram lane or tramway or on - - 2500 232 -



Page 32

tram tracks

188 Stopping in shared zone - - 2500 58 -

189(1) Double parking - - 2500 83 -

190(1) Stopping in or near safety zone - -- 2500 58 -

191 Stopping near obstruction - - 2500 101 -

192(1) Stopping on bridge, causeway, ramp or similar structure

- - 2500 83 -

192(2) Stopping in tunnel or underpass - - 2500 101 -

193(1) Stopping on crest or curve outside built-up area

- - 2500 101 -

194(1) Stopping near fire hydrant, etc. - - 2500 66 -

195(1) Stopping at or near bus stop - - 2500 83 -

196(1) Stopping at or near tram stop - - 2500 83 -

197(1) Stopping on path, dividing strip or nature strip

- - 2500 83 -

197(1A)

Stopping on painted island - - 2500 83 -

198(1) Obstructing access to and from footpath ramp, etc.

-

- 2500

66

-

198(2) Obstructing access to and from driveway, etc.

- - 2500 66 -

199(1) Stopping near postbox - - 2500 83 -

200(1) Stopping heavy or long vehicle on road outside built-up area except on shoulder of road

- - 2500 101 -

200(2) Stopping heavy or long vehicle on road in built-up area for longer than permitted time

- - 2500 101 -

201 Stopping on road with "bicycle parking" sign

- - 2500 58 -

202 Stopping on road with "motor bike parking" sign

- - 2500 58

203(1) Stopping in parking area for people with disabilities

- - 2500 320 -

203A Stopping in slip lane - - 2500 83 -

205(1) Parking for longer than indicated where "permissive parking" sign applies

- - 2500 44 -

207(2) Failing to pay fee, etc. for parking where fees payable ................................................................

-

- 2500

44

-

208(1) Failing to park on road (except in median strip parking area) in accordance with rule—parallel parking

- - 2500 58 -

208A(1 Failing to park in road-related area (except - - 2500 58



Page 33

) in median strip parking area) in accordance with rule—parallel parking

209(2) Failing to park in median strip parking area in accordance with rule —parallel parking

-

- 2500

58

-

210(1) Failing to park in accordance with rule—angle parking

-

- 2500

58

-

211(2) Parking where there are parking bays—failing to park vehicle wholly within parking bay

-

- 2500 44 -

211(3) Parking where there are parking bays—failing to park long or wide vehicle in minimum number of parking bays needed to park vehicle

- - 2500 44 -

212(1) Entering or leaving median strip parking area—contrary to sign

-

- 2500

101

-

212(2) Entering or leaving median strip parking area—failing to drive forward

- - 2500 101 -

215(1) Failing to use lights when driving at night or in hazardous weather conditions

-

-

2500

212

1

216(1) Failing to use lights when towing vehicle at night or in hazardous weather conditions

-

-

2500

121

1

217(1) Using fog lights when not driving in fog or other hazardous weather conditions

-

-

2500

212

-

218(1) Using headlights on high-beam - - 2500 212 1

219 Using lights to dazzle other road users - - 2500 212 1

220(1) Stopping vehicle on road at night—failing to operate lights

-

-

2500

212

-

221 Using hazard warning lights - - 2500 112 -

223 Riding animal-drawn vehicle at night or in hazardous weather conditions —failing to operate lights

-

-

2500

50

-

224 Using horn or similar warning device - - 2500 160 -

225(1) Driving vehicle with radar detector or similar device in or on vehicle or trailer - -

2500

373 -

225(2) Having possession of radar detector or similar device while travelling in or on vehicle or trailer

- - 2500 373 -

226(1) Driving heavy vehicle not equipped with portable warning triangles

-

-

2500

90

-

226(2) Failing to produce warning triangles on - - 2500 90 -



Page 34

demand

227(2) Failing to use portable warning triangles—vehicle stopped on road

-

-

2500

90

-

227(3) Failing to use portable warning triangles—fallen load

-

-

2500

90

-

228 Pedestrian passing "no pedestrians" sign - - 2500 43 -

229 Pedestrian on road to which "road access" sign applies

-

-

2500

43

-

230(1) Failing to cross road in accordance with rule

- - 2500 43 -

231(1) Failing to cross road with pedestrian lights in accordance with rule

-

-

2500

43

-

232(1) Failing to cross road at traffic lights without pedestrian lights in accordance with rule

-

-

2500

43

-

232(3) Failing to cross road at traffic lights while light turning yellow or red in accordance with rule

-

-

2500

43

-

232(4) Crossing road at traffic lights—failing to remain in safety area

-

2500

43

-

233(1) Crossing road to get on tram—crossing before tram stops at tram stop

-

-

2500

43

-

233(2) Crossing road from tram—failing to comply with rule

-

-

2500

43

-

234(1) Crossing road near crossing for pedestrians

- - 2500 43 -

234(2) Pedestrian staying on road longer than necessary to cross road

-

-

2500

43

-

235(1) Crossing level crossing - - 2500 43 -

235(2) Crossing level crossing while warning lights flashing, etc

-

-

2500

43

-

235(2A)

Failing to finish crossing level crossing in accordance with rule if warning lights start flashing etc

- - 2500 43 -

235A(2)

Crossing pedestrian level crossing while there is a red pedestrian light

- - 2500 43 -

235A(3)

Failing to finish crossing pedestrian level crossing in accordance with rule if red pedestrian light appears

- - 2500 43 -

236(1) Pedestrian causing traffic hazard - - 2500 43 -



Page 35

236(2) Pedestrian causing obstruction - - 2500 43 -

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



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

-

-

2500

50

-

249 Riding bicycle on separated footpath - - 2500 50 -

250(1) Riding bicycle on footpath or shared path if prohibited by another law

-

-

2500

43

-

250(2) Riding bicycle on footpath or shared path—failing to keep to left or give way

-

-

2500

50

-

251 Riding bicycle on bicycle path, etc.—failing to keep to left of oncoming bicycle riders on path

-

-

2500

50

-

252(1) Riding bicycle where "no bicycles" sign or no bicycle road markings applies

-

-

2500

50

-

253 Bicycle rider causing traffic hazard - - 2500 50 -

254(1) Bicycle being towed—riding towed bicycle - - 2500 50 -

254(2) Bicycle rider holding onto moving vehicle - - 2500 90 -

255 Riding bicycle too close to rear of motor vehicle

- - 2500 50 -

256(1) Riding bicycle—rider failing to wear bicycle



Page 37

helmet - - 2500 90 -

256(2) Passenger on bicycle—passenger failing to wear bicycle helmet

- - 2500 90 -

256(3) Riding bicycle with passenger not wearing bicycle helmet

- - 2500 90 -

257(1) Riding with person on bicycle trailer - - 2500 50 -

258 Riding bicycle not equipped with brake or warning device

-

-

2500

50

-

259 Riding bicycle at night or in hazardous weather conditions without displaying lights, etc.

-

-

2500

50

-

260(1) Failing to stop bicycle for red bicycle crossing light

-

-

2500

50

3

260(2) Proceeding after stopping for red bicycle crossing light—proceeding before light changes, etc.

- - 2500 50 3

261(1) Failing to stop bicycle for yellow bicycle crossing light

-

-

2500

50

3

262(1) Bicycle rider proceeding when bicycle crossing lights change—failing to cross in accordance with rule

-

- 2500

50

3

264(1) Failing to wear seatbelt—driver - - 2500 315 3

265(1) Failing to wear seatbelt—passenger 16 years old, or older

-

-

2500

315

3

265(3) Failing to ensure passengers 16 years old or older are wearing seatbelts, and are

seated, in accordance with rule—

failure in relation to 1 such passenger

failure in relation to more than 1 such passenger

2500

$315

$373

3

5

266(1) Failing to ensure passenger under 16 years old is wearing seatbelt

(a) driver referred to in section 98BI(1)(a)(i) or (ii) of the Motor Vehicles Act 1959

(b) all other drivers

- -

2500

2500

315

373

3

See clause 5

268(1) Travelling in or on part of motor vehicle not designed primarily for carriage of passengers or goods

-

-

2500

315

3

268(2) Travelling in or on part of motor vehicle designed primarily for carriage of goods

-

-

2500

315

3

268(3) Travelling in or on motor vehicle with part



Page 38

of body outside window or door - - 2500 160 3

268(4) Driving motor vehicle with part of passenger's body outside window or door

-

-

2500

160

3

268(4A)

Driving motor vehicle with passenger under 16 in or on part of vehicle not designed primarily for carriage of passengers or goods

-

-

2500

315

3



Page 39

268(4B) Driving motor vehicle with passenger in or on part of vehicle designed primarily for carriage of goods that is not enclosed, etc.

-

-

2500

315

3

269(1) Getting off or out of moving vehicle - - 2500 159 -

269(3) Creating hazard by opening door of vehicle, leaving door open, etc.

-

-

2500

160

3

269(4) Driving bus while doors not closed - - 2500 291 -

270(1) Riding motor bike without wearing helmet or with passenger not wearing helmet

-

-

2500

244

3

270(2) Passenger on motor bike failing to wear helmet

- - 2500 244 2

271(1) Riding on motor bike—rider failing to ride in correct position

-

-

2500

116

-

271(2) Riding on motor bike—passenger failing to ride in correct position

-

-

2500

116

-

271(3) Riding on motor bike—rider riding with passenger not riding correctly

-

-

2500

116

-

271(4) Riding on motor bike (without sidecar)—riding with more than permitted number of passengers

-

-

2500

116

-

271(5) Riding on motor bike (with sidecar)—riding with more than permitted number of passengers

-

-

2500

116

-

271(5A) Riding on motor bike—riding with passenger under 8 years old not in sidecar - - 2500

116 -

271(5B) Riding on motor bike—passenger in sidecar failing to be seated safely - - 2500

116 -

271(5C) Riding on motor bike—riding with passenger in sidecar not seated safely - - 2500

116 -

272 Passenger interfering with driver's control of vehicle, etc.

-

-

2500

291

-

274 Failing to stop for red T light—tram driver - - 2500 404 3

275 Failing to stop for yellow T light—tram driver

- - 2500 404 3

277 Proceeding after stopping for a red or yellow T light—tram driver

-

-

2500

404

3

279(2) Proceeding when white T light or white traffic arrow no longer showing —tram driver proceeding before entering

-

-

2500

404

3



Page 40

intersection

279(3) Proceeding when white T light or white traffic arrow no longer showing —tram driver failing to leave intersection

-

-

2500

404

3

281 Failing to stop for red B light—bus driver - - 2500 404 3

282 Failing to stop for yellow B light—bus driver - - 2500 404 3

284

Proceeding after stopping for red or yellow B light—bus driver

-

-

2500

404

3

286(2) Proceeding when white B light or white traffic arrow no longer showing—bus driver proceeding before entering intersection

-

-

2500

404

3

286(3) Proceeding when white B light or white traffic arrow no longer showing—bus driver failing to leave intersection

-

-

2500

404

3

287(1) Driver involved in crash failing to give required particulars

- - 2500 - 3

288(1) Driving on path - - 2500 216 3

288(4) Driving on path—failing to give way - - 2500 212 3

289(1) Driving on nature strip - - 2500 212 3

289(2) Driving on nature strip—failing to give way - - 2500 212 3

290 Driving on traffic island - - 2500 212 -

291 Making unnecessary noise or smoke while starting or driving vehicle

-

-

2500

181

-

292 Driving or towing vehicle carrying insecure or overhanging load

-

-

2500

309

3

293(2) Failing to remove from road things fallen from vehicle while driving

-

-

2500

202

-

294(1) Towing vehicle without keeping control of vehicle being towed

-

-

2500

121

-

294(2) Towing trailer without keeping control of trailer

- - 2500 121 -

295(1) Motor vehicle towing another vehicle with towline not in accordance with rule

-

-

2500

121

-

296(1) Reversing vehicle when not safe to do so - - 2500 373 -

296(2) Reversing vehicle further than reasonably necessary

-

-

2500

224

-

297(1) Driving vehicle without having proper control of vehicle

-

-

2500

160

-



Page 41

297(1A) Driving vehicle with person or animal in lap 2500 160

297(2) Driving motor vehicle without clear view of road, etc.

-

-

2500

160

-

297(3) Riding motor bike with animal on petrol tank

- - 2500 160 -

298 Driving motor vehicle towing trailer with person in trailer

-

-

2500

210

3

299(1) Driving motor vehicle with TV or VDU in operation in vehicle

-

-

2500

90

-

300(1) Using hand-held mobile phone while driving vehicle

-

-

2500

291

3

301(1) Driver of motor vehicle leading animal - - 2500 90 -

301(2) Passenger in or on motor vehicle leading animal - - 2500

90 -

301(3) Rider of bicycle leading animal - - 2500 50 -

302 Rider of animal on footpath or nature strip failing to give way to pedestrian

-

-

2500

50

-

303(1) Riding animal alongside more than 1 other rider on non multi-lane road

-

-

2500

50

-

303(2) Riding animal alongside another rider in marked lane

-

-

2500

50

-

303(4) Riding animal alongside another rider more than 1.5 metres from other rider

-

-

2500

50

-

304(1) Failing to obey direction of police officer or authorised person

-

-

2500

254

3


Page 42

ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 1999 (SA)

Section Offence Max. penalty Exp.

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

$2500

$333


Page 43

ROAD TRAFFIC (HEAVY VEHICLE DRIVER FATIGUE) REGULATIONS 2008 (SA)

Reg.

Description of offence against Road Traffic

(Heavy Vehicle Drive Fatigue) Regulations 2008

max

Fine

($)

Fee

($)

Demerit Points

6(1) Driving while fatigued 3

8(4) Failing to comply with additional duty of employers and prime contractors

(a) If natural person

(b) If body corporate

$2500

$624

$794

8(5) Failing to comply with additional duty of operators



$2500

$624

$794

9(3) Failing to comply with additional duty of schedulers



$2500

$624

$794

10(3) Failing to comply with additional duty of consignors and consignees



$2500

$624

$794

11(3) Failing to comply with additional duty of loading managers



$2500

$624

$794

16(3) Failing to comply with standard hours for solo drivers

Minor risk offence

For failing to have the minimum required rest time (required period of rest time is not more than 1 hour)

In any other case

Substantial risk offence

$2500

$280

$339

$624

3 (severe

risk)

4 (critical risk)

16(5) Failing to ensure driver does not contravene 16(3)

Minor risk offence

For failing to have minimum required rest time (required period of rest time not more than 1 hour)

If party in chain of responsibility is natural person

If party in chain of responsibility is body corporate

In any other case



$2500

$280

$339

$339


Page 44




$452

$624

$794

17(3) Failing to comply with standard hours for solo drivers (buses)

Minor risk offence


In any other case


$2500

$280

$339

$624

3 (severe

risk)

4 (critical risk)


Minor risk offence




In any other case






$2500

$280

$339

$339

$452

$624

$794

19(3) Failing to comply with standard hours for two-up drivers

Minor risk offence


In any other case


$2500

$280

$339

$624

3 (severe

risk)

4 (critical risk)


Minor risk offence




In any other case




$2500

$280

$339

$339

$452


Page 45



$624

$794

21(3) Failing to comply with regulation 21(3)-solo drivers working under BFM accreditation

Minor risk offence


In any other case


$2500

$280

$339

$624

3 (severe

risk)

4 (critical risk)


Minor risk offence




In any other case






$2500

$280

$339

$339

$452

$624

$794

23(3) Failing to comply with regulation 23(3)-two-up drivers working under BFM accreditation

Minor risk offence


In any other case


$2500

$280

$339

$624

3 (severe

risk)

4 (critical risk)


Minor risk offence






$2500

$339

$452

$624

$794

24(3) Failing to comply with regulation 24(3) – drivers under AFM accreditation

minor risk offence

$2500

$339

3 (severe

risk)


Page 46

substantial risk offence $624 4 (critical risk)

24(5)

Failing to ensure driver does not contravene regulation 24(3)

• minor risk offence—

• if the party in the chain of responsibility is a natural person

• if the party in the chain of responsibility is a body corporate

• substantial risk offence—

• if the party in the chain of responsibility is a natural person

• if the party in the chain of responsibility is a body corporate

$339

$452

$624

$794

25(3) Failing to comply with regulation 25(3)-AFM hours-offences related to AFM outer limits




$2500

$624

$794

3 (severe

risk)

4 (critical risk)





$2500

$624

$794

26(3) Failing to comply with regulation 26(3) when changing work/rest hours option

$2500

$624

27(1) Failing to have required documentation $2500 $624

27(2) Operator to take steps to ensure compliance with 27(1)



$2500

$12 500

$624

$794

27(3) Failure to return BFM documentation $2500 $624

28(1) Working under AFM accreditation to carry documentation $2500 $624

28(2) Operator to take steps to ensure compliance with 28(1)



$2500

$12 500

$624

$794

28(3) Failure to return AFM documentation $2500 $624

33(2) Does not comply with direction under regulation 33



$5000

$25000


Page 47

34(3) Fixing label to indicate it is an electronic work diary $5000

35(1) Failure to remove labels and notify about revocation of approval for electronic work diary



$5000

$25 000

35(2) Failure to comply with notification by other person to remove labels



$5000

$25 000

36(1) Operate electronic work diary in accordance with conditions of the Authority and manufacturer’s instructions

$5000

36(2) Record keeper for driver must comply with 36(1)



$5000

$25 000

38(1) Ensure driver complies with Subdivision 3 (Work Diary Requirements)



$5000

$25 000

39(1) Driver must keep a copy of work diary in the vehicle $5000

40(1) Driver must record information in work diary $2500 $624

41(1) If diary destroyed/lost, driver must record in supplementary records $2500 $624

42(1), (2), (4),

(6)

Notification of destruction etc of work diary $2500

$624

42(7) Record keeper to examine and replace work diary; also ensure driver applies for issue of written work diary



$2500

$12 500

$624

$794

43(1), (3), (4)

Instalment, maintenance and compliance with Odometer regulations



$2500

$12 500

$624

$794

43(2) Driver to notify about malfunctioning odometer $2500 $624


Page 48

44(1), (2), (3),

(5)

Record keeper to make records for driver engaged in 100 km work under standard hours/keep records in prescribed manner



$2500

$12 500

$624

$794

44(4) Record keeper to keep records for not less than 3 years



$5000

$25 000

45 Driver must give certain information to record keepers $2500 $624

46 Record keeper must ensure that driver complies with prescribed regulations



$2500

$12 500

$624

$794

48 Driver not to keep multiple written work diaries $10 000

49 Driver not to record information in multiple work diaries $10 000

50 Person not to remove sheets from written work diary $10 000

51(1) Person not to tamper with electronic work diary $10 000

51(5) Driver and record keeper to ensure a person does not tamper with electronic work diary



$10 000

$50 000

52 Person not to change/deface entry in work record $10 000

53 Driver or record keeper not to have document purporting to be work record, if it is not a work record



$10 000

$50 000

54 Person not to make entry in other person’s work record $10 000

55 Person must not hold out that they made an entry, unless they have $10 000

56 Person must not destroy work record or other prescribed document $10 000


Page 49

58 Person must not contravene work/rest hours condition $5000

59(3) Person contravenes/fails to comply with work diary exemption condition $5000

62(2) Failing to comply with regulation 62(2)-driver working under work/rest hours exemption

Minor risk offence


$339

$624

3 (severe

risk)

4 (critical risk)

62(4) Failing to ensure driver complies with 62(2)

Minor risk offence






$339

$452

$624

$794

63(1) Driver to carry written exemption $2500 $624

63(2) Employer to ensure driver complies with 63(1)



$2500

$12 500

$624

$794

64 Driver to return exemption $2500 $624

66 Person to comply with notice to return written exemption within 7 days $5000

68 Must not falsely hold out exemption or have document purporting to be this



$10 000

$50 000

69(3) Fail to comply with having document under regulations $5000

69(5) Driver fails to comply with direction under regulation 69 $5000

83(2) Person not to disclose information in administration of regulations



$10 000

$50 000

86(3) Fail to comply with condition specified in notice made by Minister. $5000


Page 50

ROAD TRAFFIC (ROAD RULES – ANCILLARY AND MISCELLANEOUS PROVISIONS) REGULATIONS 1999 (SA)

Reg. Description of offence against the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 1999

Max. fine Expiation Demerits

9A(1) Speeding while driving road train

Exceeding 90kph speed limit –

by less than 10kph



by 30kph or more

$2500

$400

$500

$770

$900

2

3

5

7

9A(2) Speeding while driving road train

Exceeding 40kph speed limit –

by less than 10kph



by 30kph or more

$2500

$150

$330

$670

$800

2

3

5

7

10A Driving or stopping in lane marked BUS ONLY $2500 $226

23A(1) Crossing to or from tram stop other than at crossing for pedestrians if within 20 metres of crossing or if tram has stopped

$2500

$43

26A Failing to ensure passengers 16 years or older are wearing seatbelts –

failure in relation to 1 such passenger

failure in relation to more than 1 such passenger

2500

230

280

3

5

33(1) Learner or P1 driver using mobile phone while driving vehicle

$2500

$291

3

Date post:	16-Oct-2021
Category:	Documents
Upload:	others
View:	3 times
Download:	0 times

Traffic offences and penalties - Handbook Home

Documents