TRAFFIC OFFENCES

In South Australia, the law governing traffic offences is the Road Traffic Act 1961 (SA). There are many other laws and regulations that may be applicable to traffic matters or offences including the Australian Road Rules 1999 (SA) and the Motor Vehicles Act 1959 (SA). If the offences are deemed serious (i.e. caused death or injury by reckless or dangerous driving), then the Criminal Law Consolidation Act 1935 (SA) will also apply.

Drivers who have committed traffic offences in South Australia are given either an expiation notice or a summon to attend Court. An expiation notice is a spot fine that allows the driver to pay a fee and avoid going to court. The penalties in South Australia for traffic offences depends on the types and severity of the offence. Driver’s traffic history will also be accounted for. Whilst some drivers may only incur a fine, others can have their license disqualified or even face imprisonment. Most if not all traffic offences will result in demerit points reduction regardless of the receipt of an expiation notice or summons.

Once an expiation notice is received the driver typically has 28 days to make the payment. A reminder notice will be sent to the driver for a failure to pay or failure to elect for the matter to be heard in the Court. If the driver subsequently fails to pay or elect upon the receipt of the reminder notice, the driver will be issued an enforcement certificate. A Fines Enforcement and Recovery Officer then has the power to register a charge on the driver’s land, legally request employer to withhold the driver’s wages, suspend the driver’s license, clamp/impound vehicles or order a community service.

The South Australian Police also has the power to clamp/impound or seize the driver’s vehicles if a driver is found to have committed offences such as reckless or negligent driving, driving at an excessive speed, driving while license is suspended, driving under the influence of alcohol or drugs or dangerous driving to escape police authority. The impound period lasts for 28 days and may be extended to 90 days. In some cases, the Court may make an order to impound the vehicle for a period up to 6 months.

If you have been charged with any traffic offences and you want to defend the charge or require advice, Straits Lawyers are here to help. We are now offering online services in both English and Chinese.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.