What Is The Most Common Traffic Offence In Australia?

December 2, 2022    Traffic lawyers Perth
What Is The Most Common Traffic Offence In Australia?

Road rules are usually consistent across most countries, but the penalties for traffic offences will vary based on the states and territories. For instance, the drivers in New South Wales pay around double the fine for a big speeding offence compared to other parts of Australia.

The fine for driving without a seatbelt is around $200 less in Tasmania compared to other Australian states. Before hiring a traffic infringement lawyer, read the blog below to learn some of the traffic offences for which penalties must be paid.

Common Traffic Offences In Australia

Some of the common traffic offences in Australia are as follows:

1. Using A Mobile Phone

As per the NSW roads, using a phone when you drive will ensure that you pay four times the fine than being involved in a car collision. This is why despite some variations between the states, the law says you cannot touch your phone while driving or when it is stopped in traffic.

The drivers who are caught using their phones in NSW will have to pay a 5-point demerit penalty, and in Queensland, double demerits will apply if you are caught for this offence the second time in a year.

2. Speeding

Speeding fines differ across the country, and every state categorises speeding offences differently. A driver caught travelling over the speed limit in South Australia will pay $680 more compared to someone caught in Tasmania for the same offence.

In New South Wales, the drivers usually pay double the penalty for high-range speeding offences than others in different states. For instance, a driver travelling 40km/h over the limit must pay $2435 in NSW and only $600 in the Northern Territory.

3. Running A Red Light.

All the Australian states have a three demerit point penalty for being unable to stop at a red traffic light. In this case, the fines for NSW drivers are huge, and the $448 penalty will become $561 if the driver is caught red-handed in a school zone. This will also cost an extra demerit point.

4. Seatbelts

Before hiring speeding fine lawyers, you must know seat belts have become mandatory in Australia since 1973. But today, some drivers get caught breaking the law and pay the appropriate fines for that. If you are a driver caught without a fastened seat belt, a three-demerit point penalty will apply in all Australian states except Western Australia.

In WA, unrestrained drivers get a penalty of 4 demerit points, and $550 is the most expensive fine over there. All Australian states are known to have extra penalties for drivers carrying passengers who cannot be restrained.

What Penalty Can You Get For A Traffic Offence?

The form of penalties you will be given is based on the kind of offence you committed and your criminal record. There are some offences for which the penalty will change based on the number of times a person has been convicted for a specific offence.

Convictions for traffic offences that are more than 20 years old will not be counted as prior convictions. Spent convictions and juvenile convictions are considered as juvenile convictions for traffic offences. Proper offences that are dealt with by an infringement notice will not be counted as a proper conviction.

Before you look to take the help of driving offence lawyers, you must know more about the penalties. They are as follows:

  • Demerit points
  • Fines
  • Community-Based Orders
  • Intensive Supervision Orders
  • Imprisonment for some serious offences
  • Licence disqualification (which can result in your licence being cancelled)
  • Impounding or confiscating your vehicle

You may receive more than one or more types of penalty based on the offence (for instance, a fine and a licence period disqualification).

What Might Happen To Your Driver’s Licence?

There are many offences that might affect your driver’s licence. A disqualification indicates that you will not be allowed to drive for extended periods of time as specified by the court. In some circumstances, your licence might also be cancelled, and you may have to appear for a test later to get your licence back when the disqualification period ends.

There are some offences for which you will be provided with an infringement notice, and you might receive demerit points and not a disqualification. You will receive around 12 demerit points and may be under a demerit point suspension. There are three ways by which you can lose your licence:

  • Demerit point suspension
  • Driver’s licence disqualification
  • Licence suspension orders for infringements or unpaid fines.

If your driving licence becomes subject to more than one kind of disqualification or suspension, there are various complex rules about the start and finish of orders. This will indicate that it will take a longer time before you are able to drive again legally.

Are There Fixed Offences or Penalties?

There are many traffic offences where the law fixes a minimum penalty. It could be a fine or a disqualification period. The court can impose at least a small fine and a minimum disqualification period for any specific offence. As per the opinion of the court, they can impose more fines if they want for that particular offence.

For some specific offences, you might also be subjected to the Alcohol Interlock Scheme. After this, you will have to meet some specific requirements from the Department of Transport before being allowed to drive again.

What Are The Three Most Common Traffic Violations In Australia?

Some of the common traffic violations in Australia are as follows:

1. Speeding

When you drive faster than the speed limit, you will violate the law, and speed limits exist in the first place to save lives. There are many people who die due to speeding every year.

2. Driving Under Influence

This is another traffic violation in Australia for which you will have to pay fines to the concerned authorities. Many people in Australia die every year due to the driver being under the influence of alcohol.

3. Reckless Driving

This is another major traffic violation that takes place in Australia, and this has caused much loss of lives in the country. Aggressive drivers often hit people when they drive recklessly and cannot control their vehicles.

Contact Traffic Lawyers Perth WA

If you are part of a traffic offence in Australia and do not know what to do, you can consult the best lawyers in your area. Contact Traffic Lawyers Perth, WA, to access the best lawyers who can help you know more about the waiting periods so that you do not have to wait unnecessarily. They can help convince the court that you will not commit the offence again.

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