Road Transport Act Offences with a Penalty Unit NSW

Under the Road Transport Act 2013, most traffic offences carry with it a corresponding penalty unit NSW that serves as a deterrent for motorists from engaging in risky driving behaviours. Imposing these penalties also promote safer road usage and reduce the frequency and severity of accidents.

If you’re driving in New South Wales (NSW), it is crucial to be aware of and adhere to traffic rules and regulations to ensure a safe and enjoyable driving experience for everyone and to avoid paying hefty fines. 

This article will enumerate and discuss some traffic offences under the Road Transport Act and the penalty unit NSW imposed in these offences. A fine is calculated by reference to a number of penalty units multiplied by the dollar amount per unit. Since the value of a punishment unit is continually updated and indexed for inflation, penalty units are utilised rather than monetary amounts. One penalty unit NSW as of 2023 costs AUD 110.

Who Collects and Administers Fines?

In NSW, Revenue NSW is responsible for collecting and administering fines. Government agencies or bodies such as the RMS or councils may issue these fines. Revenue NSW is also responsible for the enforcement and collection of a minimum or maximum fine imposed.

Western Australia does not have standardised penalty units – they differ depending on the legislation in question. South Australia does not have penalty units at all – rather, fines are set by reference to the maximum term of imprisonment.

Offences Involving Alcohol or Drugs

Section 110 of the Road Transport Act imposes a penalty unit NSW of 20 penalty units (first offence) or 30 penalty units (second or subsequent offence) to the driver who:

1. operates a motor vehicle or
2.  occupies the driving seat of the vehicle and attempts to put the vehicle in motion 
3. while there is a prescribed concentration of alcohol in his or her breath.

Moreover, the law imposes a penalty unit NSW of 50 penalty units or 2 years imprisonment or both if:

• the driver has a high range prescibed concentration of alcohol in their blood 
• while they operate a motor vehicle or 
• occupy the driving seat of a vehicle and attempts to operate it or
• the driver occupies the passenger seat next to a learner who is driving the vehicle.

Section 111 of the Act also imposes 20 or 30 penalty units if a motor vehicle driver who operates a motor vehicle or attempts to operate it and: 

• a prescribed illicit drug is present in the person’s oral fluid (saliva), blood, or urine.
• morphine is present in the person’s blood or urine.

As a defence, the defendant may prove to the court’s satisfaction that at the time he or she was driving, the presence of morphine in his or her system is caused by consumption of the substance for medicinal purposes. 

Section 111A of the Act imposes a heavier penalty unit NSW of 50 or 100 penalty units for any person who is found operating a motor vehicle or occupying a seat in a motor vehicle next to a learner driver who is driving the vehicle, if the following is present in the person’s system:

• a high range prescribed concentration of alcohol AND
• a presence of prescribed illicit drug.

The Supreme court may also impose a two-year imprisonment along with the prescribed penalty unit NSW if the offence is a second or subsequent offence. The court may also impose other penalties such as imprisonment, an intensive correction order or community service orders.

Speeding and Other Dangerous Driving

Section 115 of the Act also prohibits speeding and other dangerous driving offences. A heavy penalty unit NSW will be imposed upon any person who violates the following rules:

1. Races, attempts on speed records and other speed trials – maximum penalty of 30 penalty units
2. An organiser or promoter who takes part in those activities and does not comply with the conditions set out by the Commissioner of Police – maximum penalty of 20 penalty units

Moreover, if a person convicted by a court of an offence against this section in relation to a motor vehicle or trailer, the person is disqualified from holding a driver licence by the conviction and without any specific order of a court for 12 months.

Furthermore, the Act is clear in saying that a person must not operate a motor vehicle on a road in such a manner as to cause the vehicle to undergo sustained loss of traction by one or more of the driving wheels (or, in the case of a motor cycle, the driving wheel) of the vehicle. If so, a penalty unit NSW of 10 penalty units (maximum) will be imposed.

Negligent, furious or reckless driving under section 117 is also punishable. Here are the offences with their corresponding penalty unit NSW:

• Driving occassions death
  • First offence: 30 penalty units or 18 months imprisonment or both
  • Subsequent offence: 50 penalty units or 2 years imprisonment or both.
• Driving occassions grievous bodily harm
  • First offence: 20 penalty units or 9 months imprisonment or both
  • Subsequent offence: 30 penalty units or 12 months imprisonment or both

Menacing driving under section 118 also carries with it a heavy penalty unit NSW. A person who drives a motor vehicle on a road in a manner that menaces another person which, as a result, menaces another person, is an offence under this Act.

• Intent to menace – 30 penalty units or 18 months imprisonment or both
• Possibilty of menace – 20 penalty unnits or 12 months imprisonment or both

Speed-Measuring Evasion Articles

The Act punishes the sale, purchase or use of prohibited of speed measuring evasion articles. The court may impose a penalty unit NSW of 20 penalty units if:

• A person sells or offer for sale, or purchase, a prohibited speed measuring evasion article.
• A person drives a motor vehicle, or cause a motor vehicle or trailer 2to stand, on a road if a prohibited measuring evasion article is fitted or applied to, or carried in, the vehicle or trailer.

However, there are defences available to this offence, which the defendant must prove to the satisfaction of the court.

• The article concerned was not designed as a prohibited speed measuring evasion article but was designed for another purpose.
• The vehicle was in the course of a journey to a place appointed by a police officer, an officer of Transport for NSW or a court, in order to surrender the article, or
• The vehicle was the subject of a notice, issued in accordance with the statutory rules, requiring the responsible person for the vehicle to remove the article from the vehicle within a specified time and that time had not expired, or
• The defendant did not know, and in the circumstances could not reasonably be expected to have known, that the article concerned was fitted or applied to, or was being carried in, the vehicle or trailer.

Other offences that may carry a penalty unit NSW if offences committed are the following:

1. Unauthorised prescribed traffic control devices
2. Removal of unauthorised prescribed traffic control devices
3. Offences involving death, injury or damage resulting from unsafe loads
4. Offence of failing to stop and assist after impact causing injury
5. Unauthorised use of vehicles
6. Motor vehicles or trailers not to be used without owner consent
7. Procuring or hiring of motor vehicle or trailer by fraud or misrepresentation
8. Failure to comply in a road closure by the police
9. Offence of interfering with a trial or a trial vehicle
10. Non-compliance with the vehicle movement record requirement

Call a Traffic Offence Lawyer

If you’re facing a traffic offence charge with maximum penalties, you need to talk to one of our traffic offence lawyers at JB Solicitors. Our lawyers can explain the implications and penalties of these charges against you. Stay aware about your rights and options. 

Contact us today.