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Traffic Law – Red Light Cameras

Traffic Law – Red Light Cameras

Red light cameras are positioned in certain traffic accident hot spots. They are designed to capture drivers’ failure to stop at red traffic lights and to pick up speeding offences. Red light cameras can detect speeding offences at any phase of the traffic light. Penalties for failing to stop at a red light can include the loss of three demerit points and a maximum fine of $433. Periods of double demerit points such as long weekends and holiday seasons apply.

Once a red light camera has picked up an offence it generates an infringement notice that is sent to the person who is listed as the registered owner of the vehicle picked up by the camera. The fines division of the Office of State Revenue, the State Debt Recovery Office, may automatically send a reminder or payment confirmation if they have an appropriate email address or mobile phone number.

Penalties

The penalty depends on the speed the vehicle was travelling at, as well as other factors such as school zones, the type of licence held by the driver and the type of vehicle.

OffenceLight vehiclesMid Range trucksCoaches and heavy vehicles
Exceed speed limit by:Demerit pointsFineFineFine
Not more than 10 km/h1$93$278$278
Not more than 10 km/h (Learner, P1 or P2 licence holder)4$93$278$278
Not more than 10 km/h in a school zone2$154$371$371
Not more than 10 km/h (Learner, P1 or P2 in a school zone)5$154$371$371
More than 10 km/h but not more than 20 km/h3$216$371$371
More than 10 km/h but not more than 20 km/h (Learner, P1 and P2)4$216$371$371
More than 10 km/h but not more than 20 km/h in a school zone4$278$463$463
More than 10 km/h but not more than 20 km/h (Learner, P1 and P2)5$278$463$463
More than 20 km/h but not more than 30 km/h4$371$463$463
More than 20 km/h but not more than 30 km/h in a school zone5$463$556$556
More than 30 km/h but not more than 45 km/h5$710$710$1,112
More than 30 km/h but not more than 45 km/h in a school zone6$896$896$1,174
More than 45 km/h6$1,915$1,915$2,904
More than 45 km/h in a school zone7$2,041$2,041$3,149

 

Locations of red light and speed cameras

http://roadsafety.transport.nsw.gov.au/speeding/speedcameras/current-locations.html

What can be done in terms of appealing a red light fine?

Sometimes a person who has been sent an infringement notice and a fine denies committing the offence. It is possible that other vehicles have obstructed or affected what the camera has captured. Our lawyers can negotiate with the NSW Police Force and make representations to have the charge/s dropped. If this is unsuccessful, only then will the matter go to the Local Court for a defended hearing. At this hearing the case is put forward to a magistrate along with evidence, which can be provided by the driver in oral testimony, an expert witness on traffic light cameras and other witnesses.

Possible outcomes of appealing a speeding offence

  • If the court agrees to sentence an offence with a “section 10” it means no conviction is recorded and no demerit points imposed by the RMS due to a provision in the legislation. This can translate into a licence not being suspended. Courts do not issue demerit points.
  • The court will make a decision as to whether the driver is guilty or not guilty.
  • The court may show leniency to a driver who accepts that they are guilty, choosing to fine the driver heavily as opposed to accumulating demerit points.
  • If the court finds a driver guilty they have the discretion to issue a larger fine.

If you have received a red light fine or speeding offence notice, contact our Criminal Law team today at Catherine Henry Lawyers on 4929 3995 or email info@catherinehenrylawyers.com.au.

*The material provided in our information sheets is for general knowledge only and is not a substitute for independent legal advice. For further information about the issues affecting you, please contact one of our experienced and professional lawyers for expert advice.

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