Traffic and Motor Vehicle Offences in NSW

Introduction

Traffic law in New South Wales is notoriously strict, designed to reduce the state's road toll through heavy penalties, demerit points, and automated enforcement. With a complex system of fines, licence suspensions, and mandatory interlock orders for drink-driving, navigating a traffic charge requires a clear understanding of the Road Transport Act 2013 and the Fines Act 1996.

The Demerit Points System

NSW operates a demerit points scheme where points are accrued for specific offences. The thresholds are:

• Unrestricted Licence: 13 points in 3 years.
• Professional Drivers: 14 points.
• Provisional P2: 7 points.
• Learner/P1: 4 points.

If a driver exceeds the threshold, their licence is automatically suspended.

Double Demerit Points

During long weekends and public holidays (Christmas, Easter, Anzac Day), double demerit points apply specifically for:

• Speeding offences.
• Seatbelt offences.
• Mobile phone use offences.

Demerit Point Withdrawal (The "Good Behaviour" Option)

Under Section 36 of the Road Transport Act, a driver facing suspension can elect to enter a Good Behaviour Period for 12 months. They are allowed 2 points during this period. If they breach this, they receive double the original suspension period.

Major Offences and Penalties

1. Speeding

Penalties range from a $134 fine and 1 point (exceed limit by less than 10km/h) to immediate licence suspension for exceeding the limit by 45km/h or more.

2. Drink Driving

Section 110 of the Road Transport Act creates four categories based on Blood Alcohol Concentration (BAC):

• Novice/P2 Range: (BAC 0.00 - 0.019): Immediate suspension, interlock order for 12 months.
• Special Range: (0.02 - 0.049): Fine, suspension, interlock.
• Low Range: (0.05 - 0.079): Fine, suspension.
• Mid Range: (0.08 - 0.149): Heavy fine, disqualification.
• High Range: (0.15+): Mandatory imprisonment up to 18 months, long disqualification.

3. Drug Driving

The presence of illicit drugs (Cannabis, Cocaine, MDMA, Methamphetamine) in oral fluid or blood is a zero-tolerance offence. Penalties include fines, licence disqualification (minimum 6 months), and criminal convictions for second offences.

4. Mobile Phone Offences

Using a hand-held phone while driving attracts 5 demerit points (10 during double demerit periods) and a $362 fine.

Licence Appeals

If Transport for NSW (TfNSW) suspends your licence (e.g., due to demerit points), you can appeal to the Local Court. The court can only grant an appeal if:

• The driver needs the licence for work (severe financial hardship).
• There is an "exceptional circumstance."

The court cannot simply "waive" the points; it can only overturn the suspension if the original penalty notice was incorrectly issued .

The Mandatory Alcohol Interlock Program

For high-range drink driving or repeat offences, the court will make a Mandatory Interlock Order. The offender must drive only a vehicle fitted with an interlock device (a breathalyzer connected to the ignition) for a minimum of 12 months after their disqualification period ends .

Fines and Enforcement

If a fine is not paid, the Fines Act 1996 allows Revenue NSW to issue a Work and Development Order (WDO) for those with mental illness or addiction, or suspend the driver's licence and registration until the debt is cleared .

References

• Road Transport Act 2013 (NSW) ss 36, 110.
• Road Transport Regulation 2017 (NSW).
• Fines Act 1996 (NSW) s 24G.
• Road Transport Amendment (Mandatory Alcohol Interlock Program) Act 2014 No 42 .
• Transport for NSW. (2025). Demerit Point Guidelines.