The easiest way to come in contact with the criminal legal system is by committing a traffic offence. Here are some tips on what you should do if you receive a penalty notice.
What is a penalty notice?
A penalty notice or infringement notice is a fine issued by a government authority – for example, NSW Police, Transport NSW, or a local council for breaking the law.
Common offences include:
- Speeding
- Using a mobile phone
- Proceeding through red lights
- Disobeying parking signs
- Driving with alcohol or drugs in a person’s system
- Driving/having a passenger with their seatbelt not properly secured and fastened
Traffic offences are generally identified in two ways:
- Through technology, such as via a camera or a LiDAR device, which identifies the speed at which a vehicle is travelling
- Through a police officer or council officer witnessing a traffic infringement – for example where a police officer witnesses a person not stopping at a stop sign or council officer detects a person who has not parked in accordance with the rules
What are my options when dealing with a penalty notice?
You have the following options:
- If you were not driving, nominate the responsible driver.
- Seek a review from Revenue NSW. Revenue NSW has an easily accessible online review system where you can seek a review of the fine. If the review is successful, that is the end of the matter.
- Pay the fine. This means the matter is treated as a regulatory matter, but you would incur demerit points where the offence attracts demerit points. Should you decide to pay the fine, you can enter into a payment plan with Revenue NSW.
- Undertake a Work and Development Order (WDO) if eligible. A WDO may allow you to undertake an activity, such as voluntary work at an approved organisation, to pay off the fine. Revenue NSW and Legal Aid NSW can provide advice about a WDO. Legal Aid has a specialist WDO unit which can be contacted on (02) 9219 5000.
- Elect to go to court. If you decide to go to court, the matter is treated as a criminal matter. You will be required to plead guilty or not guilty. This is not the same thing as taking appealing a suspension for accumulating too many demerit points.
What is my best option?
Generally, the best option is to not go to court. You are guilty of a driving offence if you did not follow the rules even if you did not intend to break the law. It is rare for fines to be incorrectly issued. Any court fine means you receive a criminal conviction. You could also receive a bigger fine in court.
In cases involving driving with low range concentration of alcohol, or with an illicit drug in their system, the court must disqualify you from driving once you are convicted.
Therefore, the best option is to pay the fine, or seek to do a WDO if eligible, or if appropriate seek a review from Revenue NSW.
Where a person is considering proceeding to court, you should first obtain legal advice from a lawyer before making that decision.
What’s the difference between a reasonable excuse and a legal defence?
Most people elect to go to court because they think they have a reasonable excuse. A reasonable excuse is not the same as a legal defence.
For example, where a person parks their car in a no parking zone, but the no parking sign is partly obscured, the person does not have a legal defence in the matter. Should the person elect to take the matter to court, the best option would be to plead guilty with an explanation. The court can consider the explanation when determining what penalty to impose.
Another common scenario is where a person’s vehicle is caught via a camera as speeding, but the person thinks they are not guilty as the speeding signs vary in over a short distance, making it confusing to identify the exact speed limit at a particular point. Again, the person is guilty of the offence, with an explanation. In such cases they have no legal defence.
Are there time limits?
There are various time limits associated with paying fines, seeking reviews, and electing to take the matter to court.
The important point to remember is to make the decision before the final due date on the penalty reminder notice to avoid enforcement costs.
Information accurate as of 8th May 2025. The information above is not legal advice. If you have a legal issue, please get specific legal advice.
