traffic offences and penalties
TRANSCRIPT
Traffic offences and penalties
(last updated October 2015)
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 18 ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 2014 (SA) p 38 ROAD TRAFFIC (ROAD RULES-ANCILLARY AND MISCELLANEOUS PROVISIONS)REGULATIONS 2014 (SA) p 39 CRIMINAL LAW (CLAMPING, IMPOUNDING AND FORFEITURE p 40 OF VEHICLES) REGULATIONS (SA) 2007 PRIVATE PARKING AREAS REGULATIONS 2014 p 41
Traffic Penalties updated October 2015
Page 1
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 at May 2014: 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is to be taken into account despite its subsequent withdrawal except if the notice of withdrawal specifies that it is withdrawn because— (a) the issuing authority has received a statutory declaration or other document sent to the authority by the alleged offender in accordance with a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 October 2015
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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) - - $7500 $352 - 9(3) Unregistered vehicle found standing on a road - - $7500 $352 -
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 $129 - driven without registration
16(11) Contravene permit requirements - - $750 $108 - 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 $352 - 43A(7) Failing to carry temporary configuration certificate in vehicle or to produce it for inspection by police officer or authorised officer - - $250 $52 - 44(4) Fail to notify of modifications etc. - - $750 - - 44(4a) Fail to comply with notice under sub-s (1a) - - $750 - - 47(1) Drive without number plate - - $5000 $651 - 47(1a) Registered owner/operator contravening duty to carry number plates - - $5000 $651 47A(7) Display improper plate - - $5000 $651 - 47B(2) Sell/supply number plate without authority - - $5000 $651 - 47C(3) Failing to comply with direction of Registrar to return number plates - - $5000 $295 - 47D(1)(a) Drive bearing number plate not allotted to vehicle - - $5000 $651 - 47D(1)(b) Drive bearing defaced/mutilated number plate - - $5000 $651 - 47D(1)(c) Drive bearing colourable imitation of number plate - - $5000 $651 - 47D(1)(d) Possession of number plate or resemblance without lawful excuse - - $5000 $651 - 47D(2) Registered owner/operator contravening duty to carry legible number plates - - $5000 $651
Traffic Penalties updated October 2015
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Section Offence Gaol Licence Fine EXP. Demerit
48(1b) Failure to destroy previously issued label $250 48(3) Drive on road with heavy vehicle without Registration label - - $750 $129 - 48(3a) Registered owner/operator fail comply with directions at to reg. label - - $750 $129 52(3) Failure to return or destroy reg. label - - $750 - - 53 Drive invalid/ imitation/ altered reg. label - - $750 $125 - 53(1)(a) Drive vehicle with reg label or permit that is no longer in force or issued in respect to another vehicle - - $750 $125 - 53(1)(b) Drive vehicle with reg label or permit that has been defaced/altered/mutilated - - $750 $125 - 53(1)(c) Drive vehicle with colourable imitation of reg. label or permit - - $750 $125 - 53(1)(d) Possess resemblance of reg. label or permit without lawful excuse - - $750 $125 - 53(1a) Registered owner/operator contravening duty to hold valid reg. label or permit - - $750 $125 - 56 Fail to notify within 7 days of selling of vehicle or
fail to give reg. papers to buyer - - $1250 $246 - 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 $125 - 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 $125 72A(2) Acting as qualified supervising driver while drunk/drug- - $1250 $256 74(1) Drive without appropriate licence - - $1250 $446 - 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) - - - - -
Traffic Penalties updated October 2015
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Learners Permit Section Offence Gaol Licence Fine EXP. Demerit
75A(14) Contravening conditions of learner’s permit - - $1250 $335 75A(15) Drive motor bike or vehicle without ‘L’ plates - - $1250 - - with only one ‘L’ plate - - - $196 - - with no ‘L’ plates - - - $335 - 75A(16) Must not exceed 100 kph - - $1250 - - Driver Impairments Section Offence Gaol Licence Fine EXP. Demerit
80(5) Contravene condition or restriction of temporary driving permit -- $1250 - - 81(4) Contravene endorsed condition ( pursuant s.81) - - $1250 $344 - Provisional Licences Section Offence Gaol Licence Fine EXP. Demerit
81A(13) Contravening condition of provisional license - - $1250 $335 81A(14) Must not exceed 100 km/h - - $1250 - - (15)(a) Driving motor bike with no ‘P’ plate - - $1250 $335 (15)(b) Driving with only 1 ‘P’ plate - - $1250 $196 (16) Must not drive high powered vehicle - - $1250 $335 - Probational Licences (applied for after a period of disqualification) 81AB(5) Contravening condition of probationary licence - - $ 1250 $344 - 81AB(1)(a) must carry licence $ 1250 - - 81AB(1)(b) 0.0 alcohol $ 1250 - - 81AB(1)(c) incur 2 or demerit points $ 1250 - - 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(1) (i) Breach Learner or Probationary conditions or incur 4 or more demerit points while holder of learner or provisional licence 6 mths - - - (ii) Breach Learner or Probationary conditions or incur 2 or more demerit points while holder of a Probationary licence 6 mths - - - 81B(3) Fail to attend lecture - - $750 $110 - 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 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. - -
Traffic Penalties updated October 2015
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Produce Licence Section Offence Gaol Licence Fine EXP. Demerit 96(1) Fail to produce lic. forthwith or within 48 hours - - $1250 $184 - 96(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 $184 - 98AAA(1) Fail carry lic. driving heavy veh. Defence if within 80 kms of drivers farm and outside metro Adelaide - - $1250 $184 - 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 $184 - 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 Section Offence Gaol Licence Fine EXP. Demerit
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) notice does not take effect if person makes election under subsection (2) 98BE(2) person may elect to accept good behaviour condition for 12 months – within 21 days of the date specified on the notice OR with the permission of the Registrar, within 28 days of the date specified on the notice 98BE(2a) if a person incurs 2 or more demerits in relation to one or more offences whilst on good behaviour condition Registrar must give notice that person is disqualified holding or obtaining licence for a period of twice the original disqualification period 98BE(5) Where disqualification under s 98BC or good behaviour condition has taken effect the following points are discounted – all demerit points in respect of the offence that brought the aggregate to 12 or more; all demerit points in respect of offences committed prior to the time at which the person committed that
Traffic Penalties updated October 2015
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offence 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 - - 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 - - $10000 - - 98MD(4) Fail to leave scene of MVA - - $1250 - - 98ME Remove veh not accord with Act - - $10000 - - (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 - - 98MF/MGStore veh. other than at reg. premises - - $1250 - - 98MH Solicit to store, wreck/ repair/ quote w/in 12 hrs of - - $1250 - - MV accident 98MI/MJ Fail when paid to give vehicle to owner/ accident spotting(tow trucks). - - $2500 98MK Repairing, storing, quoting vehicle illegally - - $10000 - - 98ML 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 - - $20000 98P(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 Section Offence Gaol Licence Fine EXP. Demerit
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 - - $10000 $651 - 102(2) Uninsured motor vehicle standing on a road - - $10000 $651 -
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 - -
Traffic Penalties updated October 2015
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(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. 124AB Insured who is more than 25% liable must pay an excess of $460 127A(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 $181 - (2) Duty to notify address (business ) - - $1250 $181 - 136(2a) Fail to notify change of business address - - $1250 $181 136(2b) Duty to notify change (garage address) - - $1250 $181 - (2c) Duty to notify change of operator - - $1250 $181 - (2d) Fail to notify change of postal address - - $1250 $181 - 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 ** -
Traffic Penalties updated October 2015
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MOTOR VEHICLES REGULATIONS 2010
Section Offence Gaol Licence Fine EXP. Demerit 9(2) Driving self-propelled elevating work platform without registration or insurance and does not 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 $446 - 36(4) Drive vehicle with bike rack number plate obscured - - $2500 $446 - 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 $201 - 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 $298 - 75 Drive written-off vehicle on road -- in course of trade or business - - $2500 - - -- in any other case - - $1250 $298 - 81A(16) Holder of P1 or P2 licence under age of 25 driving - - $1250 - - high powered vehicle 91 Alter, deface or destroy permit or label - - $1250 - -
Traffic Penalties updated October 2015
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CRIMINAL LAW (SENTENCING) ACT 1988 (SA) Section Offence Gaol Licence Fine EXP. Demerit 70M Debtors driver's licence may be suspended to take effect 14 days from the day the determination was made - - - - - 70N Restrictions on conducting business with Reg of MV exemptions - transfer rego from debtor, renew rego where joint owner - - - - - CRIMINAL LAW CONSOLIDATION ACT 1935 (SA) Section Offence Gaol Licence Fine EXP. Demerit 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 - - 1st 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 - - 1st offence (aggravated) 7 yr 3 yr min n.p - -
Not a motor vehicle/vessel 5 yr - n.p. - -
19AB Leaving Acc scene – death/harm 1st offence 15yrs 10 yr min - - - Subsequent offence Life 10 yr min - - - Not a motor vehicle/vessel 7 yrs 19AB Leaving Acc scene – minor 1st 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.
Traffic Penalties updated October 2015
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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 $260 - 40 Return of identification cards 2500 40H(5) 40I(2) 40J(3) 40K(5) 40V(4) 40W(4) 40X(3) 40Y(5)
Failure to stop or comply with other order of auth. officer Failure to comply with order to move vehicle Failure to comply with order to move vehicle if obstructing Failure to comply with order to leave vehicle
- if direction relates to heavy vehicle - if direction relates to light vehicle
Giving false information or failing to provide name or other personal details Failure to comply with request to produce records or devices Failure to provide information about vehicle, load or equipment Failure to provide reasonable assistance for inspection
5000 5000 5000 5000
5000 5000
10 000 10 000
$260 $260 $260
$631 $260
$698 $698 $631 $631
3 3 3
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 45Kmh) 1st offence
Subsequent offence (within 5 yrs)
If vehicle being driven is a road train driven on prescribed road
In any other case
6 mths
2yrs
1100-1500 1200-1700
$1083 $975
9
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 1100- - 6
Traffic Penalties updated October 2015
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12mths 1600 Subsequent offence 6 mths min 3
years 1900-2900
- 6
Where vehicle is not a motor vehicle, eg bicycle
- - 500 - -
47B Driving whilst having prescribed concentration of alcohol in blood
Category 1 offence - 0.05 to 0.079 First offence
-
Min 3 mths
1100
$577
4
Category 1 offence - 0.05 to 0.079 Second offence
-
min 6 mths
1100
4
Category 1 offence - 0.05 to 0.079 Third offence
-
Min 9 mths
1100
4
Category 1 offence - 0.05 to 0.079 Subsequent offence
-
min 12 mths
1100
4
Category 2 offence – 0.08 to 0.149
First offence -
min 6mths
900-1300
-
5
Category 2 offence – 0.08 to 0.149 Second offence
-
Min 12 mths
1100-1600
-
5
Category 2 offence – 0.08 to 0.149 Third offence
-
Min 2 yrs
1500-2200
-
5
Category 2 offence – 0.08 to 0.149 Subsequent offence
-
Min 2 yrs
1500-2200
-
5
Category 3 offence – 0.15 over First offence
-
min 12mths
1100-1600
-
6
Category 3 offence – 0.15 over Second offence
-
Min 3 yrs
1600-2400
6
Category 3 offence – 0.15 over Third offence
-
Min 3 yrs
1900-2900
6
Category 3 offence – 0.15 over Subsequent offence
-
Min 3 yrs
1900-2900
6
47BA Driving with prescribed drug in oral fluid
or blood $577
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
Traffic Penalties updated October 2015
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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.
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
$403
-
Traffic Penalties updated October 2015
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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 20kph or more but less than 30kph 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 $163 2 by 10 kph or more but less than 20 kph - - 2500 $357 3 by 20 kph or more but less than 30 kph - - 2500 $726 5 By more than 30 kph $866 7 83(1)(a) Speeding past an emergency vehicle
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 $163 2 by 10 kph or more but less than 20 kph
- - 2500 $357 3
by 20 kph or more but less than 30 kph
- - 2500 $726 5
By more than 30 kph $866 7
Traffic Penalties updated October 2015
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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
$98 -
83A(2) Buying or offering to buy goods from person standing, etc. on carriageway, etc. in contravention of rule 83A(1)
-
-
2500
$98 -
85(2) Leaving stationary vehicle in prohibited area near Parliament House, etc. without authority
-
-
2500
$116
-
87 Walking without due care or attention etc. - - 2500 $46 -
91(3) Failing to comply with direction of ferry operator
- - 2500 $315 3
95 Riding on vehicle without consent of driver
- - 2500 $98 -
99A Bicycle rider riding on footpath or other road-related area failing to give warning to pedestrians etc.
-
-
2500
$54 -
99B(1) Riding wheeled recreational device or toy without due care or attention etc.
-
-
2500
-
- riding on road - in any other case
$357 $54
99B(3) Riding wheeled recreational device or wheeled toy on footpath or other road-related area without giving warning to pedestrians etc
-
-
2500
$54
-
107(1) Driving, drawing, hauling, dragging over road any implement, sledge, etc.
-
-
2500
$229
-
108(1) Depositing certain articles or materials on road
- - 2500 $219 -
110 Failing to keep whole of vehicle on sealed surface when driving on sealed road
-
-
2500
$98
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 $256 - In the case of an alleged offence not
committed in course of trade or business -
-
$256 $256
-
110C(3) Driving vehicle not bearing ID plate - - 1250 $256 -
Traffic Penalties updated October 2015
Page 15
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 light vehicle standards (driver) 2500 $392 118 Breach of vehicle standards (operator) 118(1) Disobey rule 155 vehicle standards
Any other contravention of section 118(1) 2500
$392
119 Meaning of breach Mass, dimensions etc 123 Light vehicle not complying with mass,
load requirements (driver of vehicle) - exceeding mass limit by less than 50% - exceeding mass limit by 50% or more - contravening a dimension or load req.
2500
$210 $421 $210
124(1) Light vehicle not complying with mass,
load requirements (operator of vehicle) - exceeding mass limit by less than 50% - exceeding mass limit by 50% or more - contravening a dimension or load req.
2500 $210 $421 $210
145(3) Failing to comply with police direction for
vehicle inspection
$260
145(5f) Defacing or removing defect label $392 145(6) Driving/selling contrary to terms of defect $560 3 146(3) 146(8)
Failure to rectify defect Contravene condition to continue journey
$260 $260
Traffic Penalties updated October 2015
Page 16
161A(1) Driving of certain vehicles subject to Ministerial approval
-
-
2500
$283
-
162C(1) 162C(2)
Riding without helmet (bicycle etc) Riding with child – child without helmet
$98 $98
164A Penalties 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. 173(1) 173(2) 173(3)
Appeals and suspension of disqualification in the same manner as against a conviction. 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. Only effective 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 $46
174G (3) & (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 October 2015
Page 17
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 163 2 by 10 kph or more but less than 20 kph - - 2500 357 3 by 20 kph or more but less than 30 kph 726 5 by 30 kph or more - - 2500 866 7 27(1) Failing to keep left when starting left turn
(from other than multi-lane road) -
-
2500
304
2
28(1) Failing to keep within left lane when starting left turn on multi-lane road
-
-
2500 304 2
28(1A) Failing to use slip lane when starting left turn on multi-lane road - - 2500 304 2
28(2A) Bicycle rider starting left turn on multi-lane road from incorrect position in bicycle storage area
- - 2500 54 2
29(1) Failing to make left turn as indicated by turn line
-
-
2500 304 2
31(1) Starting right turn incorrectly (from other than multi-lane road)
-
-
2500 304 2
32(1) Failing to keep within right lane when starting right turn (on multi-lane road)
-
-
2500 304 2
32(2A) Bicycle rider starting right turn on multi-lane road from incorrect position in bicycle storage area
- - 2500 54 2
33(1) Making right turn at intersection incorrectly - - 2500 304 2 34(1) Making hook turn at "hook turn only" sign
incorrectly - - 2500 273 2
35(2) Bicycle rider making hook turn at intersection with "no hook turn only" sign, etc. incorrectly
- - 2500 54 -
36 Bicycle rider making hook turn contrary to "no hook turn by bicycles sign" - - 2500 54 -
37 Starting U-turn without clear view, etc. - - 2500 364 2 38 Failing to give way when making U-turn - - 2500 364 3 39(1) Making U-turn contrary to "no U-turn sign"
at break in dividing strip -
-
2500
342
2
39(2) Making U-turn contrary to "no U-turn sign" on length of road
Traffic Penalties updated October 2015
Page 18
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
- - 2500 342 2
40 Making U-turn at intersection with traffic lights and "no U-turn permitted" sign
-
-
2500
342
2
41 Making U-turn at intersection without traffic lights and without "U-turn permitted" sign
-
-
2500
342
2
42 Starting U-turn at intersection from incorrect position - - 2500 364 2
46(1) Failing to give left change of direction signal before turning left - - 2500 298 2
46(4) Failing to stop giving left change of direction signal after turning left - - 2500 200 2
48(1) Failing to give right change of direction signal before turning right - - 2500 298 2
48(4) Failing to stop giving right change of direction signal after turning right - - 2500 200 2
51 Using direction indicator lights when not permitted - - 2500 200 2
53(1) Failing to give stop signal before stopping or suddenly slowing - - 2500 298 2
53(2) Failing to give sufficient warning of stopping - - 2500 298 2
53(3) Failing to give stop signal while slowing - - 2500 298 2 56(1) Failing to stop for red traffic light - - 2500 437 3 56(2) Failing to stop for red traffic arrow - - 2500 437 3 57(1) Failing to stop for yellow traffic light - - 2500 437 3 57(2) Failing to stop for yellow traffic arrow - - 2500 437 3 57(3) Failing to leave intersection showing yellow
traffic light or arrow - - 2500 437 3
59(1) Proceeding through red traffic light - - 2500 437 3 60 Proceeding through red traffic arrow - - 2500 437 3 60A(1) Proceeding through bicycle storage area
before red traffic light - - 2500 342 3
60A(2) Proceeding through bicycle storage area before red traffic arrow - - 2500 342 3
61(2) Failing to stop at intersection when traffic lights or arrows change to yellow or red - - 2500 437 3
61(5) Failing to leave intersection when traffic lights or arrows change to yellow or red - - 2500 437 3
62(1) Failing to give way when turning at intersection with traffic lights
-
-
2500
403
3
63(2) Failing to give way at intersection with - - 2500 403 3
Traffic Penalties updated October 2015
Page 19
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
traffic lights not operating or only partly 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 403 3
64 Failing to give way at flashing yellow traffic arrow at intersection
-
-
2500
403
3
65(2) Failing to give way at marked foot crossing (except at intersection) with flashing yellow traffic light
- - 2500 383 3
66(1) Failing to stop for twin red lights (except at level crossing)
-
-
2500
98
3
66(4) Proceeding after stopping for twin red lights (except at level crossing)
-
-
2500
98
3
67(1) Failing to stop and give way at stop sign or stop line at intersection without traffic lights
-
-
2500
403
3
68(1) Failing to stop and give way at stop sign or stop line at other place
-
-
2500
342
3
69(1) Failing to give way at give way sign or give way line at intersection
-
-
2500
403
3
70 Failing to give way at give way sign at bridge or length of narrow road
-
-
2500
403
3
71(1) Failing to give way at give way sign or give way line at other place
-
-
2500
342
3
72(1) Failing to give way at intersection (except T-intersection or roundabout)
-
-
2500
403
3
73(1) Failing to give way at T-intersection - - 2500 403 3 74(1) Failing to give way when entering road
from road-related area or adjacent land -
-
2500
364
3
75(1) Failing to give way when entering road-related area or adjacent land from road
-
-
2500 364 3
76(1) Moving into path of tram travelling in tram lane, etc.
-
-
2500
200
3
76(2) Failing to move out of path of tram travelling in tram lane, etc 2500 200 3
77(1) Failing to give way to bus - - 2500 200 3 78(1) Moving into path of police or emergency
vehicle - - 2500 403 3
Traffic Penalties updated October 2015
Page 20
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
78(2) Failing to move out of path of police or emergency vehicle .........................................
-
-
2500
403
3
79(1) Failing to give way to police or emergency vehicle
-
-
2500
403
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 403 3 80(3) Failing to obey hand-held stop sign at
children's crossing -
-
2500
342
3
80(4) Proceeding while pedestrian on children's crossing
-
-
2500
403
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 383 3 82 Overtaking or passing vehicle at children's
crossing or pedestrian crossing -
-
2500
383
3
83 Failing to give way to pedestrian in shared zone - - 2500 319 3
84(1) Failing to give way when driving through break in dividing strip
-
-
2500
364
3
85 Failing to give way on painted island - - 2500 342 3 86(1) Failing to give way in median turning bays - - 2500 364 3 87(1) Failing to give way when moving from side
of road -
-
2500
328
3
87(3) Failing to give way when moving from median strip parking area
-
-
2500
328
3
88(1) Failing to turn left at intersection with "left turn only" sign
-
-
2500
342
2
88(2) Failing to turn left when in left lane at intersection with "left lane must turn left" sign
-
-
2500
342
2
89(1) Failing to turn right at intersection with "right turn only" sign
-
-
2500
342
2
89(2) Failing to turn right when in right lane at intersection with "right lane must turn right" sign
-
-
2500
342
2
90 Turning at intersection with "no turn" sign - - 2500 342 2
Traffic Penalties updated October 2015
Page 21
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
91(1) Turning left at intersection or other place with "no left turn" sign - - 2500 342 2
91(2) Turning at intersection or other place with "no right turn" sign - - 2500 342 2
92(1) Failing to drive in direction indicated by traffic lane arrows
-
-
2500
342
3
93(1) Driving or overtaking on bridge or length of road where "no overtaking or passing" sign applies
-
-
2500
342
2
94 Overtaking on bridge with "no overtaking on bridge" sign
-
-
2500
342
2
95(1) Driving in emergency stopping lane - - 2500 342 3 96(1) Stopping on area of road marked with keep
clear marking -
- 2500 342 3
97(1) Driving on length of road where "road access" sign applies
-
-
2500
342
3
98(1)
Driving in wrong direction on length of road where "one-way" sign applies
-
-
2500
403
3
99(1) Failing to drive to left of "keep left" sign - - 2500 342 3 99(2) Failing to drive to right of "keep right" sign - - 2500 342 3 100 Driving past "no entry" sign - - 2500 342 3 101(1) Failing to stop before hand-held stop sign - - 2500 342 3 101(2) Proceeding after stopping for hand-held
stop sign -
-
2500
342
3
101A(1) Driving on safety ramp or arrester bed 2500
342
3
102(1) Driving past "clearance" or "low clearance" sign - - 2500 342 3
103(1) Driving past "bridge load limit (gross mass)" or "gross load limit" sign—vehicle exceeding gross mass indicated by sign
-
-
2500
342
3
103(2) Driving past "bridge load limit (mass per axle group)" sign—vehicle axle group carrying mass exceeding mass indicated by sign
-
-
2500
342
3
104(1) Driving past "no trucks" sign - vehicle GMV exceeding permitted mass
-
-
2500
342
3
104(2) Driving truck past "no trucks" sign—vehicle or combination exceeding permitted length
-
-
2500
342
3
Traffic Penalties updated October 2015
Page 22
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
104(3) Driving truck past "no trucks" sign where no mass or length indicated
-
-
2500
342
3
105 Failing to enter area indicated by "trucks must enter" sign
-
-
2500
342
3
106(1) Driving bus past "no buses" sign—bus exceeding mass indicated by sign
-
-
2500
342
3
106(2) Driving bus past "no buses" sign—bus exceeding length indicated by sign - - 2500 342 3
106(3) Driving bus past "no buses sign" where no mass or length indicated
-
-
2500
342
3
107 Failing to enter area indicated by "buses must enter" sign
-
-
2500
342
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
342
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
342
3
112(2) Failing to give left change of direction signal when entering roundabout
-
-
2500
298
2
112(3) Failing to continue left change of direction signal while on roundabout
-
-
2500
298
2
Traffic Penalties updated October 2015
Page 23
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
113(2) Failing to give right change of direction signal when entering roundabout
-
-
2500
298
2
113(3) Failing to continue right change of direction signal while in roundabout
-
-
2500
298
2
114(1) Failing to give way when entering roundabout
- - 2500 403 3
114(2) Failing to give way to tram when driving in roundabout
-
-
2500
403
3
115(1) Failing to drive in roundabout to left of central traffic island
-
-
2500
403
2
116 Failing to obey traffic lane arrows when driving in or leaving roundabout
-
-
2500
342
3
117(1) Failing to give left change of direction signal when changing marked lanes or lines of traffic in roundabout
-
-
2500
298
2
117(2)
Failing to give right change of direction signal when changing marked lanes or lines of traffic in roundabout
-
-
2500
298
2
118(1) Failing to give left change of direction signal when leaving roundabout
-
-
2500
298
2
118(2) Failing to stop left change of direction signal after leaving roundabout
-
-
2500
298
2
119 Failing to give way by rider of bicycle or animal to vehicle leaving roundabout
-
-
2500
54
3
121 Failing to stop and give way at stop sign at level crossing
-
-
2500
437
3
122 Failing to give way at give way sign or give way line at level crossing
-
-
2500
437
3
123 Entering level crossing when train or tram is approaching, etc.
-
-
2500
437
3
124 Failing to leave level crossing as soon as safe to do so
-
-
2500
437
3
125(1) Unreasonably obstructing path of other driver or pedestrian
-
-
2500
110
-
126 Failing to keep safe distance behind other vehicles
-
-
2500
315
1
127(1) Failing to keep required minimum distance
Traffic Penalties updated October 2015
Page 24
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
behind long vehicle - - 2500 229 1
128 Entering blocked intersection - - 2500 233 3
128A Entering blocked crossing - - 2500 233 3
129(1) Failing to keep to far left side of road - - 2500 287 2
130(2) Driving in right lane on certain multi-lane roads - - 2500 243 2
131(1) Failing to keep to left of oncoming vehicles - - 2500 319 2 132(1) Failing to keep to left of centre of road - - 2500 364 2 132(2) Failing to keep to left of dividing line—
dividing line formed by 2 parallel continuous lines
-
-
2500
364
3
132(2) Failing to keep to left of dividing line—any other dividing line
-
-
2500
364
2
132(2A)
Making U-turn across certain dividing lines - - 2500 364 3
135(1) Failing to keep to left of median strip - - 2500 303 3 136 Driving in wrong direction on one-way
service road -
-
2500
303
2
137(1) Failing to keep off dividing strip - - 2500 229 - 138(1) Failing to keep off painted island - - 2500 243 - 140 Overtaking when not safe to do so - - 2500 287 2 141(1) Driver overtaking to left of other vehicle - - 2500 315 2 141(2) Bicycle rider overtaking to left of vehicle
turning left -
-
2500
54
2
142(1) Overtaking to right of vehicle turning right - - 2500 328 2 143(1) Passing or overtaking to left of turning left
vehicle displaying "do not overtake turning vehicle" sign
-
-
2500
197
2
143(1A)
Passing or overtaking to left of vehicle displaying “do not overtake turning vehicle” sign
- - 2500 197 2
143(2) Passing or overtaking to right of turning right vehicle displaying "do not overtake turning vehicle" sign
-
-
2500
197
2
144 Failing to keep safe distance when overtaking - - 2500 287 2
145 Increasing speed while being overtaken - - 2500 285 2 146(1) Failing to drive within single marked lane - - 2500 243 3 146(2) Failing to drive within single line of traffic - - 2500 243 3 147 Moving from one marked lane to another
Traffic Penalties updated October 2015
Page 25
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
marked lane across continuous line - - 2500 243 -
148(1) Failing to give way when moving from one marked lane to another marked lane
-
-
2500
313
3
148(2) Failing to give way when moving from one line of traffic to another line of traffic
-
-
2500
313
3
148A Failing to give way when diverging left or right within marked lane - - 2500 313 3
149 Failing to give way when lines of traffic merge into single line of traffic
-
-
2500
313
3
150(1) Driving on or across continuous white edge line - - 2500 98 -
151(1) Riding motor bike or bicycle alongside more than 1 other rider on non multi-lane road
-
-
2500
98
3
151(2) Riding motor bike or bicycle alongside more than 1 other rider in marked lane
-
-
2500
98
3
151(4) Riding motor bike or bicycle more than 1.5 metres from another rider
-
-
2500
98
3
152(1) Driving in marked lane to which overhead lane control device applies—failing to comply with rule
-
-
2500
342
3
153(1) Driving in bicycle lane - - 2500 251 - 154(1) Driving in bus lane - - 2500 251 - 155(1) Driving in tram lane - - 2500 251 3 155A(1)
Driving in tramway - - 2500 251 3
156(1) Driving in transit lane - - 2500 251 - 157(1) Driving in truck lane - - 2500 251 - 159(1) Driving in marked lane required to be used
by particular kinds of vehicles -
-
2500
251
-
160(2) Passing or overtaking to right of tram not at or near far left side of road
-
-
2500
315
2
160(3) Passing or overtaking left turning, etc. tram not at or near far left side of road
-
-
2500
315
2
161(2) Passing or overtaking to left of tram at or near the left side of road
-
-
2500
315
2
161(3) Passing or overtaking tram turning right or giving right change of direction signal
-
-
2500
315
2
Traffic Penalties updated October 2015
Page 26
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
162(1) Driving past safety zone - - 2500 403 3 163(1) Driving past rear of stopped tram - - 2500 403 3 164(1) Failing to give way to pedestrians crossing
road near stopped tram - - 2500 403 3
167 Stopping where "no stopping" sign applies - - 2500 89 - 168(1) Stopping where "no parking" sign applies - - 2500 74 - 169 Stopping on road with continuous yellow
edge line
- -
2500
91
-
170(1) Stopping in intersection - - 2500 89 - 170(2) Stopping within 20 metres of intersection
with traffic lights -
-
2500
89
-
170(3) Stopping within 10 metres of intersection without traffic lights
-
-
2500
91
-
171(1) Stopping on or near children's crossing - - 2500 89 - 172(1) Stopping on or near pedestrian crossing
(except at intersection) -
-
2500
89
-
173(1) Stopping on or near marked foot crossing (except at intersection) - - 2500 89 -
174(2) Stopping at or near bicycle crossing lights (except at intersection) - - 89
175(1) Stopping on or near level crossing - - 2500 89 - 176(1) Stopping on clearway - - 2500 251 -
177(1) Stopping on freeway - - 2500 251 - 178 Stopping in emergency stopping lane - - 2500 251 - 179(1) Stopping in loading zone - - 2500 66 - 179(2) Stopping in loading zone—exceeding time
in loading zone -
-
2500
66
-
180(1) Stopping in truck zone - - 2500 63 - 181(1) Stopping in works zone - - 2500 63 - 182(1) Stopping in taxi zone - - 2500 122 - 183(1) Stopping in bus zone - - 2500 122 - 184(1) Stopping in minibus zone - - 2500 89 - 185(1) Stopping in permit zone - - 2500 63 - 186(1) Stopping in mail zone - - 2500 63 - 187(1) Stopping in bus lane, transit lane or truck
lane - - 2500 251 -
187(2) Stopping in bicycle lane - - 2500 253 - 187(3) Stopping in tram lane or tramway or on - - 2500 251 -
Traffic Penalties updated October 2015
Page 27
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
tram tracks 188 Stopping in shared zone - - 2500 63 - 189(1) Double parking - - 2500 89 - 190(1) Stopping in or near safety zone - -- 2500 63 - 191 Stopping near obstruction - - 2500 110 - 192(1) Stopping on bridge, causeway, ramp or
similar structure - - 2500 89 -
192(2) Stopping in tunnel or underpass - - 2500 110 - 193(1) Stopping on crest or curve outside built-up
area - - 2500 110 -
194(1) Stopping near fire hydrant, etc. - - 2500 74 - 195(1) Stopping at or near bus stop - - 2500 89 - 196(1) Stopping at or near tram stop - - 2500 89 - 197(1) Stopping on path, dividing strip or nature
strip - - 2500 91 -
197(1A)
Stopping on painted island - - 2500 89 -
198(1) Obstructing access to and from footpath ramp, etc.
-
-
2500
72 -
198(2) Obstructing access to and from driveway, etc. - - 2500 74 -
199(1) Stopping near postbox - - 2500 89 - 200(1) Stopping heavy or long vehicle on road
outside built-up area except on shoulder of road
- - 2500 110 -
200(2) Stopping heavy or long vehicle on road in built-up area for longer than permitted time - - 2500 110 -
201 Stopping on road with "bicycle parking" sign - - 2500 63 -
202 Stopping on road with "motor bike parking" sign - - 2500 63
203(1) Stopping in parking area for people with disabilities - - 2500 349 -
203A Stopping in slip lane - - 2500 89 - 205(1) Parking for longer than indicated where
"permissive parking" sign applies - - 2500 49 -
207(2) Failing to pay fee, etc. for parking where fees payable...................................................
-
-
2500
49 -
208(1) Failing to park on road (except in median strip parking area) in accordance with rule—parallel parking
- - 2500 66 -
208A(1 Failing to park in road-related area (except - - 2500 63
Traffic Penalties updated October 2015
Page 28
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
) 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
63 -
210(1) Failing to park in accordance with rule—angle parking
-
-
2500
63 -
211(2) Parking where there are parking bays—failing to park vehicle wholly within parking bay
-
-
2500 47 -
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 47 -
212(1) Entering or leaving median strip parking area—contrary to sign
-
-
2500
110 -
212(2) Entering or leaving median strip parking area—failing to drive forward - - 2500 110 -
215(1) Failing to use lights when driving at night or in hazardous weather conditions
-
-
2500
229
1
216(1) Failing to use lights when towing vehicle at night or in hazardous weather conditions
-
-
2500
131
1
217(1) Using fog lights when not driving in fog or other hazardous weather conditions
-
-
2500
229
-
218(1) Using headlights on high-beam - - 2500 229 1 219 Using lights to dazzle other road users - - 2500 229 1 220(1) Stopping vehicle on road at night—failing
to operate lights -
-
2500
229
-
221 Using hazard warning lights - - 2500 121 - 223 Riding animal-drawn vehicle at night or in
hazardous weather conditions —failing to operate lights
-
-
2500
54
-
224 Using horn or similar warning device - - 2500 173 - 225(1) Driving vehicle with radar detector or
similar device in or on vehicle or trailer - -
2500
403
-
225(2) Having possession of radar detector or similar device while travelling in or on vehicle or trailer
- - 2500 403 -
226(1) Driving heavy vehicle not equipped with portable warning triangles
-
-
2500
98
-
226(2) Failing to produce warning triangles on - - 2500 98 -
Traffic Penalties updated October 2015
Page 29
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
demand 227(2) Failing to use portable warning triangles—
vehicle stopped on road -
-
2500
98
-
227(3) Failing to use portable warning triangles—fallen load
-
-
2500
98
-
228 Pedestrian passing "no pedestrians" sign - - 2500 46 - 229 Pedestrian on road to which "road access"
sign applies -
-
2500
46
-
230(1) Failing to cross road in accordance with rule - - 2500 46 -
231(1) Failing to cross road with pedestrian lights in accordance with rule
-
-
2500
46
-
232(1) Failing to cross road at traffic lights without pedestrian lights in accordance with rule
-
-
2500
46
-
233(1) Crossing road to get on tram—crossing before tram stops at tram stop
-
-
2500
46
-
233(2) Crossing road from tram—failing to comply with rule
-
-
2500
46
-
234(1) Crossing road near crossing for pedestrians - - 2500 46 -
234(2) Pedestrian staying on road longer than necessary to cross road
-
-
2500
46
-
235(1) Crossing level crossing - - 2500 46 - 235(2) Crossing level crossing while warning lights
flashing, etc -
-
2500
46
-
235(2A)
Failing to finish crossing level crossing in accordance with rule if warning lights start flashing etc
- - 2500 46 -
235A(2)
Crossing pedestrian level crossing while there is a red pedestrian light - - 2500 46 -
235A(3)
Failing to finish crossing pedestrian level crossing in accordance with rule if red pedestrian light appears
- - 2500 46 -
236(1) Pedestrian causing traffic hazard - - 2500 46 - 236(2) Pedestrian causing obstruction - - 2500 46 - 237(1) Getting on or into moving vehicle - - 2500 172 - 238(1) Pedestrian travelling along road—failing to
use footpath - -
2500 46 -
238(2) Pedestrian travelling along road—failing to
Traffic Penalties updated October 2015
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Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
keep to side or face approaching traffic or walking abreast
- - 2500 46 -
239(1) Pedestrian on bicycle path or separated footpath
-
-
2500
46
-
239(3) Pedestrian on bicycle path or separated footpath—failing to keep out of path of bicycle, etc.
-
-
2500
46
-
239A Travelling in or on wheeled recreational device or wheeled toy past “no wheeled recreational devices or toys” sign
- - 2500 54
240(1) Travelling in or on wheeled recreational device or wheeled toy on certain types of roads
-
-
2500
357
-
240(2) Travelling in or on wheeled recreational device at night or during certain times
-
-
2500
357
-
240(3) Travelling in or on wheeled toy on certain road or during certain times
-
-
2500
54
-
241(1) Travelling in or on wheeled recreational device or toy on road—failing to keep to left or travelling abreast
-
-
2500
357
-
242(1) Travelling in or on wheeled recreational device or toy on footpath or shared path—failing to keep left or give way
-
-
2500
54
-
243(1) Travelling on rollerblades, etc. on bicycle path or separated footpath
-
--
2500
54
-
243(2) Travelling on rollerblades, etc. on bicycle path etc.—failing to keep out of path of bicycle
-
-
2500
54
-
244(1) Travelling in or on wheeled recreational device or wheeled toy that is being towed by vehicle
-
-
2500
54
-
244(2) Travelling in or on wheeled recreational device or wheeled toy while holding onto moving vehicle
-
-
2500
98
-
244(3) Travelling in or on wheeled recreational device or wheeled toy too close to rear of moving motor vehicle
-
-
2500
54
-
244B Travelling on motorised scooter—failing to wear bicycle helmet 2500
98
244C Travelling on motorised scooter on road or road-related area - - 2500 98
245 Riding bicycle not in accordance with rule - - 2500 54 - 246(1) Carrying on bicycle more persons than
bicycle designed to carry
Traffic Penalties updated October 2015
Page 31
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
- - 2500 54 -
246(2) Passenger on bicycle—passenger failing to sit in passenger seat - - 2500
54
-
246(3) Riding bicycle with passenger not sitting in passenger seat - - 2500 54 -
247(1) Failing to ride in bicycle lane on road - - 2500 54 - 247A(1)
Bicycle rider failing to enter bicycle storage area correctly at intersection with red traffic light or arrow
- - 2500 54 2
247B(1)
Bicycle rider failing to give way when entering bicycle storage area - - 2500 54 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 54 3
248(1) Riding bicycle across road on children’s crossing or pedestrian crossing
-
-
2500
54
-
248(2) Riding bicycle across road on marked foot crossing
-
-
2500
54
-
249 Riding bicycle on separated footpath - - 2500 54 - 250(1) Riding bicycle on footpath or shared path if
prohibited by another law -
-
2500
46
-
250(2) Riding bicycle on footpath or shared path—failing to keep to left or give way
-
-
2500
54
-
251 Riding bicycle on bicycle path, etc.—failing to keep to left of oncoming bicycle riders on path
-
-
2500
54
-
252(1) Riding bicycle where "no bicycles" sign or no bicycle road markings applies
-
-
2500
54
-
253 Bicycle rider causing traffic hazard - - 2500 54 - 254(1) Bicycle being towed—riding towed bicycle - - 2500 54 - 254(2) Bicycle rider holding onto moving vehicle - - 2500 98 - 255 Riding bicycle too close to rear of motor
vehicle - - 2500 54 -
256(1) Riding bicycle—rider failing to wear bicycle helmet
-
-
2500
98
-
256(2) Passenger on bicycle—passenger failing to wear bicycle helmet - - 2500 98 -
256(3) Riding bicycle with passenger not wearing bicycle helmet - - 2500 98 -
Traffic Penalties updated October 2015
Page 32
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
257(1) Riding with person on bicycle trailer - - 2500 54 - 258 Riding bicycle not equipped with brake or
warning device -
-
2500
54
-
259 Riding bicycle at night or in hazardous weather conditions without displaying lights, etc.
-
-
2500
54
-
260(1) Failing to stop bicycle for red bicycle crossing light
-
-
2500
54
3
261(1) Failing to stop bicycle for yellow bicycle crossing light
-
-
2500
54
3
262(1) Bicycle rider proceeding when bicycle crossing lights change—failing to cross in accordance with rule
-
-
2500
54 3
264(1) Failing to wear seatbelt—driver - - 2500 341 3 265(1) Failing to wear seatbelt—passenger
16 years old, or older -
-
2500
341
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
341 403
3 5
266(1) Failing to ensure passenger under 16 years old is wearing seatbelt Driver who is a person referred to in s 98BI(1(a)(i) or (ii) of MVA All other drivers - (a) failure in relation to 1 passenger (b) failure in relation to more than 1 passenger
-
-
2500
2500
341 403
See clause 2
3 5
268(1) Travelling in or on part of motor vehicle not designed primarily for carriage of passengers or goods
-
-
2500
341
3
268(2) Travelling in or on part of motor vehicle designed primarily for carriage of goods
-
-
2500
341
3
268(3) Travelling in or on motor vehicle with part of body outside window or door
-
-
2500
173
3
268(4) Driving motor vehicle with part of passenger's body outside window or door
-
-
2500
173
3
268(4A Driving motor vehicle with passenger under
Traffic Penalties updated October 2015
Page 33
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
) 16 in or on part of vehicle not designed primarily for carriage of passengers or goods
- - 2500 341 3
Traffic Penalties updated October 2015
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Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
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
341
3
269(1) Getting off or out of moving vehicle - - 2500 172 - 269(3) Creating hazard by opening door of
vehicle, leaving door open, etc. -
-
2500
173
3
269(4) Driving bus while doors not closed - - 2500 315 - 270(1) Riding motor bike without wearing helmet
or with passenger not wearing helmet -
-
2500
264
3
270(2) Passenger on motor bike failing to wear helmet - - 2500 264 3
271(1) Riding on motor bike—rider failing to ride in correct position
-
-
2500
125
-
271(2) Riding on motor bike—passenger failing to ride in correct position
-
-
2500
125
-
271(3) Riding on motor bike—rider riding with passenger not riding correctly
-
-
2500
125
-
271(4) Riding on motor bike (without sidecar)—riding with more than permitted number of passengers
-
-
2500
125
-
271(5) Riding on motor bike (with sidecar)—riding with more than permitted number of passengers
-
-
2500
125
-
271(5A) Riding on motor bike—riding with passenger under 8 years old not in sidecar - - 2500
125
-
271(5B) Riding on motor bike—passenger in sidecar failing to be seated safely - - 2500
125
-
271(5C) Riding on motor bike—riding with passenger in sidecar not seated safely - - 2500
125
-
272 Passenger interfering with driver's control of vehicle, etc.
-
-
2500
315
-
274 Failing to stop for red T light—tram driver - - 2500 437 3 275 Failing to stop for yellow T light—tram
driver - - 2500 437 3
277 Proceeding after stopping for a red or yellow T light—tram driver
-
-
2500
437
3
279(2) Proceeding when white T light or white traffic arrow no longer showing —tram driver proceeding before entering
-
-
2500
437
3
Traffic Penalties updated October 2015
Page 35
Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
intersection 279(3) Proceeding when white T light or white
traffic arrow no longer showing —tram driver failing to leave intersection
-
-
2500
437
3
281 Failing to stop for red B light—bus driver - - 2500 437 3 282 Failing to stop for yellow B light—bus driver - - 2500 437 3 284
Proceeding after stopping for red or yellow B light—bus driver
-
-
2500
437
3
286(2) Proceeding when white B light or white traffic arrow no longer showing—bus driver proceeding before entering intersection
-
-
2500
437
3
286(3) Proceeding when white B light or white traffic arrow no longer showing—bus driver failing to leave intersection
-
-
2500
437
3
287(1) Driver involved in crash failing to give required particulars - - 2500 - 3
288(1) Driving on path - - 2500 233 3 288(4) Driving on path—failing to give way - - 2500 229 3 289(1) Driving on nature strip - - 2500 229 3
289(2) Driving on nature strip—failing to give way - - 2500 229 3 290 Driving on traffic island - - 2500 229 - 291 Making unnecessary noise or smoke while
starting or driving vehicle -
-
2500
196
-
292 Driving or towing vehicle carrying insecure or overhanging load
-
-
2500
335
3
293(2) Failing to remove from road things fallen from vehicle while driving
-
-
2500
219
-
294(1) Towing vehicle without keeping control of vehicle being towed
-
-
2500
131
-
294(2) Towing trailer without keeping control of trailer - - 2500 131 -
295(1) Motor vehicle towing another vehicle with towline not in accordance with rule
-
-
2500
131
-
296(1) Reversing vehicle when not safe to do so - - 2500 403 - 296(2) Reversing vehicle further than reasonably
necessary -
-
2500
243
-
297(1) Driving vehicle without having proper control of vehicle
-
-
2500
173
-
Traffic Penalties updated October 2015
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Rule Description of offence against ARR Gaol Licence Fine EXP. Demerit
297(1A) Driving vehicle with person or animal in lap 2500 173 297(2) Driving motor vehicle without clear view of
road, etc. -
-
2500
173
-
297(3) Riding motor bike with animal on petrol tank - - 2500 173 -
298 Driving motor vehicle towing trailer with person in trailer
-
-
2500
227
3
299(1) Driving motor vehicle with TV or VDU in operation in vehicle
-
-
2500
98
-
300(1) Using hand-held mobile phone while driving vehicle
-
-
2500
315
3
301(1) Driver of motor vehicle leading animal - - 2500 98 - 301(2) Passenger in or on motor vehicle leading
animal - - 2500
98 -
301(3) Rider of bicycle leading animal - - 2500 54 - 302 Rider of animal on footpath or nature strip
failing to give way to pedestrian -
-
2500
54
-
303(1) Riding animal alongside more than 1 other rider on non multi-lane road
-
-
2500
54
-
303(2) Riding animal alongside another rider in marked lane
-
-
2500
54
-
303(4) Riding animal alongside another rider more than 1.5 metres from other rider
-
-
2500
54
-
304(1) Failing to obey direction of police officer or authorised person
-
-
2500
275
3
Traffic Penalties updated October 2015
Page 37
ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 2014 (SA)
_____________________________________________________________________________________ Section Offence Max. penalty Exp. 39 40 42 49(8) 50(5) 51(2) 51(4)
Evasive action to avoid average speed camers Heavy vehicles and minimum allowable travel time Evasive action in relation to Safe-T-Cam photographic detection devices Selling, or offering for sale, for use in motor vehicle a seat belt or part not complying with regulations or removed from another vehicle Selling, or offering for sale, for use in motor vehicle a child restraint or part of a child restraint not approved under the regulations Selling a helmet for use by motor bike rider or passenger on motor bike that does not comply with regulations Selling a helmet for use by a bicycle rider etc that does not comply with the regulations
$2500 $2500 $2500 $2500
$2500 $2500
$2500
$866 $532 $532 $360
$360 $360
$360
53(2) 64(2) 65(2) 66(1) 67(3) 68(1)
Driving or towing on road a vehicle not complying with requirements of regulation – vehicle altered from original specifications Driving or towing vehicle on certain roads while transporting dangerous substance Towing a prohibited number of vehicles Prohibition on parking in certain public places -- Parking in City of Adelaide Parklands -- Parking in other public place Fishing on specified bridge or causeway Failure to ensure dog does not enter or remain on certain bicycle paths
$2500 $2500 $2500 $1250 $750 $750
$94
$283 $283
$132 $63 $98
$206
Traffic Penalties updated October 2015
Page 38
ROAD TRAFFIC (ROAD RULES – ANCILLARY AND MISCELLANEOUS PROVISIONS) REGULATIONS 2014 (SA)
Reg. Description of offence against the Road
Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 1999
Max. fine Expiation Demerits
11A Driver of motor vehicle failing to pass rider of bicycle at a sufficient distance from the bicycle
$2500 $287 2
13 Driving or stopping in lane marked BUS ONLY $2500 $245 27(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
$46
44(1) Learner or P1 driver using mobile phone while driving vehicle
$2500
$315
3
Traffic Penalties updated October 2015
Page 39
CRIMINAL LAW (CLAMPING, IMPOUNDING AND FORFEITURE OF VEHICLES) REGULATIONS (SA) 2007 Fees payable in relation to impounding of a motor vehicle (s 9 of Act) 1 Administration fee (to be charged once only in relation
to the impounding of a particular vehicle in relation to a particular offence)
$83.50
2 Fee for transportation of vehicle to storage facility $267.00 3 Vehicle storage fee $22.40 per day (or part
thereof) during which the vehicle is impounded or remains uncollected*
Fees payable in relation to clamping of a motor vehicle (s 9 of Act) 4 Administration fee (to be charged once only in relation
to the clamping of a particular motor vehicle in relation to a particular offence)
$35.75
5 Fee for attending to attach clamps to motor vehicle $83.50 plus a fee of $1.10 per kilometre travelled to and from the location at which the clamps are attached
6 Fee for attending to remove clamps from motor vehicle
$83.50 plus a fee of $1.10 per kilometre travelled to and from the location at which the clamps are removed
Fees payable to Sheriff in relation to impounding or forfeiture of motor vehicle (s 12(1)(b) of Act) 7 Administration fee (to be charged once only in relation
to the impounding or forfeiture of a particular motor vehicle in relation to a particular offence)
$66.50
8 Seizure fee $93.00 9 Fee for transportation of vehicle to storage facility $267.00 10 Vehicle storage fee (for impounded vehicles only) $22.40 per day (or part
thereof) during which the vehicle is impounded or remains uncollected*
* If a person entitled to custody of an impounded motor vehicle has, after the end of the impounding period and during ordinary business hours, applied to the relevant authority for release of the motor vehicle and has attended to collect the vehicle in accordance with any instructions of the relevant authority, no vehicle storage fee is payable in respect of any day occurring after the date of that application.
Traffic Penalties updated October 2015
Page 40
PRIVATE PARKING AREAS REGULATIONS 2014 Reg Offence Expiation fee 4 Parking spaces 4(1)(a) - vehicle not wholly parked in 1 parking space $46 4(1)(b) - vehicle parked in space already occupied by other vehicle $59 11 Further offence each hour $46 If a person is guilty of an offence by reason of a vehicle being parked in a private parking area in contravention of the regulations the person is guilty of a further offence for each hour that the offence continues Maximum penalty: $750 13(1) Prohibition against immobilising vehicles - The owner or occupier of a private access road, private parking area or private walkway must not immobilise a vehicle that is unlawfully parked Maximum penalty: $750 15 Expiation offences against the Act
s 8(1) Motor vehicle parked in a no standing area $87 s 8(2) Motor vehicle parked in disabled parking area without $339 permit s 8(3) Motor vehicle parked in permit area without permit $64 s 8(4) Motor vehicle parked in loading area that is not a $62 commercial vehicle delivering goods s 8(5) Motor vehicle parked in restricted area but not of the $62 class for which the restricted area established s 8(6) Motor vehicle parked for period in excess of time limit $48 where time limit in force
Traffic Penalties updated October 2015
Page 41