NRMA Legal Information

1. Mobile Speed Cameras

I am the father of three children over the age of 20 who still live at home. They have each on occasion, borrowed my car and every now and then one of them receives a camera detected traffic infringement. With the new mobile speed cameras, how can I as the owner of the vehicle, name the driver of such an offence when they each either don't remember or flatly deny that they were responsible?

There is no simple answer to this question. The law in NSW requires the person issued with the penalty notice to advise the State Debt Recovery Office who was the driver involved. Under the Road Transport (General) Act 2005 (NSW) if you are not the offending driver (and you have authorised someone else to drive your vehicle), you must nominate the person responsible for the offence within 21 days of service of the penalty notice. If you fail to do so a penalty notice for "failing to nominate" will be issued in the owner of the vehicle's name and if found guilty, penalties and associated costs will apply. It should also be noted that falsely nominating a person as being responsible for a camera-detected offence can result in severe penalties and costs.

While it is a good idea for companies to maintain vehicle logbooks to ascertain which drivers committed the offences, requiring adult children to be as vigilant in maintaining such records may be challenging.

One possibility might be to examine the photo taken by the camera. The photo taken by the camera is generally aimed at the vehicle and registration number of the vehicle; however it can on some occasions assist with finding out who the driver is. The person issued with the penalty notice can access camera images online. View a photograph of the camera detected fine free of charge.

Unfortunate as it may be in this situation, the legal position as it currently stands in NSW is that if you don't or are unable to nominate the driver of your vehicle who has received a camera detected traffic infringement, penalties can exceed $500 per offence for individuals (and $1000 for companies) for vehicle owners who are issued with a notice for "failing to nominate". It should also be noted that the RTA has the ability to deregister your vehicle for repeat offences of this kind.

2. Child Restraint ages

In November 2009 the NSW Premier announced new laws in relation to child restraints would be introduced for children up to the age of seven.

Those laws took effect on 1 March 2010 and are generally summarised as follows: 

• All children under the age of seven must be restrained in a suitable child restraint. 
• Babies under the age of 6 months will be required to be secured in a rearward facing child restraint or baby capsule.  
• Infants from 6 months to 12 months will be required to be secured in a rearward facing child restraint or baby capsule or forward facing child restraint.  
• Children from 12 months to 4 years will be required to be secured in a forward facing child restraint. 
• Older children from 4 years to 7 years will be required to be secured in a forward facing child restraint or booster seat (with a high back).
• Children under the age of four must not travel in the front seat of a vehicle with two or more rows.
• Children aged between four years and under seven years must not travel in the front seat of a vehicle with two or more rows, unless all the other back seats are occupied by children under seven years in a child restraint or booster seat appropriate for their age.
• The ages specified are a guide. If your child really is too small to be moved into a restraint appropriate for their age they should remain in their current restraint until it is safe to move them to the next level. If your child really is too large for an age appropriate restraint, you may move them up to the next level of restraint.  

• Child & Infant restraints
• Restraint Questions & Answers

3. School Zones

As a general rule most school zones are in operation between 8.00 am - 9.30 am and 2.30 pm - 4.00 pm on what are known as gazetted school days, they generally include pupil free days and vary from year to year. During the school zone times drivers/riders are required to travel at a maximum of 40 km per hour through those areas. Public Holidays are not considered school days. For this year's gazetted school days visit roadsafety.

It should be noted that there are a small amount of non-standard school zone times that operate within NSW. These non standard times are displayed on a red/ orange sign which makes them different from standard times.

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4. Mobile phones

A person driving a car or any other vehicle, must not use a hand held mobile phone while the vehicle is moving or is stationary (such as waiting at traffic lights) but not parked. The word 'use' includes holding the phone to or near the ear (whether or not talking on the phone), writing, sending or reading a text message, turning the phone on or off, taking photos, playing games, entering satellite navigation information or operating any other function of the phone. 

As well as hand held mobile phones there is a more general provision in the NSW Road Rules that drivers can be caught under. This includes using a hands-free phone while driving if it causes you not to have proper control of your vehicle. So be aware that a police officer can issue you with an infringement notice for using a hands-free phone, if it can be shown that you were distracted and didn’t have proper control of your vehicle.

As well as not using hand held phones, learner and P1 drivers must not use any mobile phone including hands free and speaker phones.

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The Road Rules in NSW allow a driver to drive a motor vehicle that has a visual display unit (such as a GPS or satellite navigation system) if the visual display unit is, or is part of, a driver's aid.

The second Road Rule to consider in relation to GPS or satellite navigation systems mounted on a windscreen is more general. The rule states that provided a driver has proper control of a vehicle and the GPS or satellite navigation system does not deprive the driver of a clear view of the road, the traffic ahead, behind and to each side of the vehicle, there would not be a breach of the law in NSW.

If however the GPS or satellite navigation system is in a place on the windscreen, hanging off the rear view mirror, on the dashboard or on the right side of the steering wheel, and is a distraction to the driver or causes a driver not to have proper control of the vehicle, these may be seen to be a breach of the NSW Road Rules.

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According to the NSW Road Rules 2008, when lane merging on a road in New South Wales, three rules apply.

Similarly a driver on a road with 2 or more lines of traffic travelling in the same direction as the driver, and who is moving from one line of traffic to another line of traffic, must give way to any vehicle travelling in the same direction as the driver in the line of traffic to which the driver is moving.

2. Giving way when moving within a single marked lane. 
If a driver merges to the left or right within a marked lane, the driver must give way to any vehicle that is in the lane.

3. Giving way when lines of traffic merge into a single line of traffic. 
A driver in a line of traffic that is merging with one or more lines of traffic travelling in the same direction as the driver must give way to a vehicle in another line of traffic if any part of the vehicle is ahead of the driver's vehicle.

For information on the audit of Sydney's motorway merges commissioned by NRMA Motoring & Services:

• Many lane merges unsafe: audit
• Audit of Motorway Merges

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7. Speeding infringements

If you have received a speeding infringement/penalty notice (and you were the driver) three options are available to you. You can either

1. Pay the penalty
2. Request a review from the State Debt Recovery Office (SDRO) or
3. Go to court.

According to the SDRO Guidelines if you do not have any offences recorded on your driving record, previous cautions or relevant court decisions for the past 10 years for some traffic offences, you may apply to the SDRO, request a review and be issued with a caution. The guidelines also state that a caution will only be issued by the SDRO if you have not committed the following offences (due to personal safety and road safety reasons).

• Speeding offences where the speed detected is 30km or more over the speed limit
• Speeding offences in school zones
• Demerit point offences in school zones
• Mobile phone offences while driving 
• Unauthorised use of mobility parking (disabled parking) permits

The SDRO also states that you cannot use a good driving record to claim leniency for - parking or driving offences which don't have any demerit points, general demerit point offences in school zones, serious speeding offences (30km and over), burnout offences, unlicensed driving or riding, driving an unregistered or uninsured (personal injury CTP insurance) vehicle, probationary licence holders, licence holders for less than 10 years, offences involving bicycles, driving with unrestrained children or with two or more unrestrained passengers and using radar detectors.

One important development worth noting is that if you do have a clear driving record (meaning no offences on your driving record, previous cautions or relevant court decisions) for 25 years, the SDRO may consider leniency for a speeding offence in a school zone, even though this is not stated in the SDRO Review guidelines on their website. It may be worthwhile contacting the SDRO to ask the best way to obtain leniency for such an offence (see below for SDRO website information).

You need to act quickly in applying to the SDRO for leniency, as SDRO guidelines only apply to requests for a review received before the due date on the penalty reminder notice (the notice received after your initial penalty notice). Find out how to have a penalty notice reviewed. You also may choose to apply for time to pay by instalments (click on 'Paying enforcement orders by instalments'). Further general information on SDRO.

8. Roundabouts

When entering a roundabout you must slow down, get into the correct lane and give way to all vehicles (including bicycles) already in the roundabout and only enter when it is safe to do so (i.e. there is no risk of a collision). It is important to remember that unless you are going straight ahead, you need to indicate when entering a roundabout using either the left indicator if turning left, or the right indicator if turning right and when leaving the roundabout using the left indicator unless it is not practical to do so. This is so that other drivers know exactly where you are going.

These rules apply equally to single lane and multiple lane roundabouts. Also you need to be in the left lane if you intend to leave the roundabout at the first exit (unless otherwise marked on the road), you may be in either lane if you intend going straight ahead (unless otherwise marked on the road) or alternatively you need to be in the right lane (unless otherwise marked on the road) if you intend to turn right.

9. Request a caution

If you want to have your traffic infringement waived on leniency grounds, your best option is to write to the State Debt Recovery Office (SDRO), request a review and attempt to have the SDRO waive the offence before it goes to court (see Speeding infringements above). If the SDRO waives the offence on leniency grounds and replaces it with a caution you will not have to pay the fine and you will not lose your points (we talk about losing our points but we actually gain demerit points). This is because the SDRO has effectively withdrawn the infringement notice and replaced it with a caution (which will show up on your driving record).

If on the other hand you go to court seeking leniency and you either plead guilty (and are therefore found guilty) or plead not guilty but are found guilty of the offence, the court may decide to dismiss the offence on leniency grounds (under what is known as a Section 10 dismissal). The point here is that, even though you will not have to pay the fine, you will still lose your points (i.e. gain demerit points).

How can the RTA take your points (i.e. record demerit points against you) when the case has been dismissed on leniency grounds? In order to explain this, the wording of the following two laws needs to be considered (please note some words in the following acts have been deleted or highlighted to simplify the explanation, please refer to the relevant acts for the full version).

Section 10 (1) (a) of the Crimes (Sentencing Procedure) Act 1999 states that "Without proceeding to conviction a court finds a person guilty of an offence may make ……… an order directing that the relevant charge be dismissed". 

Section 14 (2) (a) of the Road Transport (Driver Licensing) Act 1998 - states that "The authority must record in a demerit points register, against a person the number of demerit points specified in the regulations if the person: (a) is convicted, or found guilty of an offence specified in the national schedule of demerit points or any other offence specified in the regulations or recognised under section 15".

As you can see from Section 14 (2) (a) the RTA must record demerit points against you if you are found guilty, even if the matter is dismissed on leniency grounds under section 10.

Of course under Australian law you are innocent until proven guilty. You may decide to go to court and plead not guilty. If there is not enough evidence against you or you can show that you did not commit the offence and the court finds you 'not guilty', you will not receive a fine or lose your points (i.e. gain demerit points).  A plea of 'not guilty' is a court process.  As with any court process it may be in your best interests to seek legal advice before going to court.

10. T-way & Transit lane

According to the Road Rules in NSW, in Sydney a T-way lane is a marked lane or part of a marked lane beginning with a T-way sign and ending with a either a T-way sign or an intersection (whichever comes first). An authorised T-Way vehicle is a vehicle belonging to a group of vehicles displaying an authorised T-Way vehicle plate or label and approved by the Roads and Traffic Authority (RTA). A driver who is not an authorised T-way vehicle driver is not allowed to drive or stop in a T-Way lane. An example of a T-way lane can be seen in the 31 km link between Liverpool and Parramatta that is used by Western Sydney Buses.

Transit lanes on the other hand, also known as T2 or T3 lanes and provide a better system of transport for various vehicles carrying more than one person including - cars, trucks, and taxis and buses. One exception is that they may also be used by motorbikes, pushbikes and emergency vehicles whether or not they carry or contain more than one person. Further exceptions are stated in the discussion on bus lanes below.

Transit lanes are generally found on busy traffic routes operating during peak periods and revert to normal lanes at non peak periods. If the sign T2 is shown vehicles with two or more people in are entitled to use the lane. Similarly if the sign is T3 then vehicles with three or more people are entitled to use the lane etc. Examples of transit lanes can be found on Victoria Road, Anzac Parade and the Great Western Highway.

11. Licence suspension

One form of licence suspension is where you accumulate the maximum demerit points allowed on your licence within a three year period. If you have a full unrestricted licence then you will have accumulated 12 demerit points, a P2 licence then you will have accumulated 7 demerit points, a P1 licence or learner licence then you will have accumulated 4 demerit points and if you have been granted a good behaviour licence (for 12 months) you will have accumulated 2 points.

Once you have reached your limit the suspension periods vary depending on the number of points lost. For an unrestricted licence an accumulation of 12 - 15 demerit points results in a licence suspension for 3 months. For 16 - 19 points the licence suspension period is 4 months and for 20 or more demerit points the suspension period is 5 months. For provisional and learner licence holders the suspension period is 3 months and for good behaviour licence the suspension period is double the original suspension period. Once your suspension period has ended you can start driving again provided your licence is current. If however your licence has expired during the suspension period you will need to renew your licence again before you commence driving again.

There is no right of appeal for an unrestricted licence holder who has lost 12 points against the suspension of their licence (unrestricted licence holders may still be eligible to apply for a good behaviour licence during which time they must not obtain 2 demerit points or more over a 12 month period). For a P1, P2 and learner licence holder on the other hand, there can be an appeal on the grounds of suspension based on reaching their demerit point limit (P plate drivers and learners however cannot apply for a good behaviour licence).

If a person is disqualified from driving by the court their demerit points are not reduced from their driving record during their period of disqualification (whereas during a licence suspension the demerit points are cleared). A court imposed conviction or dismissal on the grounds of leniency (i.e. section 10 of the Crimes Sentencing Procedure Act 1999) will result in demerit points still being applied.

Bus lanes are specially marked (or signposted) and can be used by buses, emergency vehicles, taxis, motorcycles and bicycles. According to the Road Rules in NSW exceptions include:

• the driver of any vehicle driving for up to 100 metres in a bus lane for the purpose of entering or leaving a road
• overtaking a vehicle turning right or doing a u turn in the middle of the road, going around or avoiding an obstruction, or
• if the traffic sign, or information with the traffic sign referring to the lane, allows the driver to drive in the lane.

Please note these exceptions do not apply to bus only lanes.

Bus only lanes on the other hand, are also signposted, however they are a special type of bus lane that can only be used by buses. They are found on many T-way routes throughout Sydney. One example of a of a Bus only lanes is located at the North-West T-way, and link Parramatta to Rouse Hill. Another example can be seen on the T-way route found in south western Sydney, between Liverpool and Parramatta.

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14. Fog Lights

Find out how fog lights or driving lights are different to 'daytime running lights'.

15. Parking

This is correct. The Road Rules in NSW state that a driver must not park continuously on a length or road or an area for longer than the period indicated on or with the permissive parking sign. For example 1P refers to one hour and 2P is for 2 hours etc.

Generally a permissive parking sign will indicate the length of road to which it applies by using arrows (i.e. one sign with an arrow pointing to the left and one sign with an arrow pointing to the right with the length of road in-between. The definition or length, of road, in the NSW Road Rules includes

1. a marked lane or a part of a marked lane, and
2. another part of a length of road.

16. Demerit Points

The Changes from Pre 1 July 2009 for Full Licence, P1 and P2 licences to Post 1 July 2010 for Full licence, L, P1 and P2 licences are stated below.

Pre 1 July 2009

6 mths

17. Older Driver's Licence

Older Drivers are now required to pass an annual medical test once they reach 75 years of age to ensure that they are medically fit to drive. Around eight weeks prior to an older driver's birthday the RTA will send them a form to be completed by their doctor if he or she considers that they are medically capable of driving. The older driver may discuss any restrictions they may wish to have on their licence with their doctor such as only driving locally or not driving at night. There are two possible outcomes, the first being that if an older driver's doctor does not consider a person fit to drive (or the doctor requires a second medical opinion) that doctor will forward on the form to the RTA. From either of these processes the older driver will hear the outcome from the RTA at a later date.

The second possible outcome is that if the older driver's doctor does consider them fit to drive, that doctor may refer the older driver for a driving assessment by sending the form directly to the RTA and again they will hear from the RTA at a later date. The doctor may alternatively give the form to the older driver so that they can then either take the form to their local motor registry or post it to the RTA

Once a driver turns 85 years old, a number of options are available in relation to renewing their licence. They can either choose to have a modified licence or sit a driving test every two years to retain their unrestricted licence. A modified driver's licence is where a driver is limited to when or where they can drive. For example such a licence may be modified to disallow night driving or only allowing the driver to drive locally.

If an older driver decided to do the practical assessment every two years, they can choose an RTA assessor or an older driver accredited assessor such as those provided by the NRMA. An accredited assessor requires payment for the service provided, and while there is no charge for the RTA's older driver test, there is a limit of three attempts. One of the benefits of having a private assessor is that they can come to the older driver's home and at a time that suits them with no limit to the amount of attempts they may have (provided the test is passed before their relevant birthday i.e. 85, 87 and 89 years etc.). Also they may choose which accredited driver they prefer. More information on aged driver test preparation.

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18. Accidents

If you have a minor motor vehicle accident/crash, you are required to stop and exchange full names, and addresses, registration number of all motor vehicles involved, (and also if it is not the driver's motor vehicle) the names and addresses of the vehicles owners to other drivers involved (or their representatives) as soon as possible (or at least within 24 hours). If everything in the first list below is satisfied (and none in the second list), then you have a minor motor vehicle crash and the crash does not need to be reported to the police (but maybe if a person still feels the need to). 

It takes only one thing in the second list to be satisfied to have a major crash. A major crash must be reported to the police along with names and addresses of drivers involved, registration numbers of motor vehicles (or any other information necessary to identify a vehicle), name and address of the owner if not the driver and a version of how the crash occurred. A major crash must be reported as soon as possible, but in exceptional circumstances within 24 hours of the crash. Failure to report a major crash can result in a penalty notice being issued. Please note also that the law in NSW further requires a driver involved in a crash to stop and give assistance to anyone who is injured.

19. Learner drivers

Can you lose points or lose your licence on the spot if you are a learner driver?

Yes, the demerit point scheme now includes learner drivers and you can lose points (or gain demerit points). Also learner drivers can lose their licence on the spot for various offences, some of which are stated below. 

While we talk about losing points we actually gain demerit points. Learner Drivers are able to reach a total of four demerit points before they lose their licence. Failing to display 'L' plates (correctly on the outside of the car) attracts two demerit points, using a mobile phone (including hands free or speaker phones) attracts three demerit points and unlike other licence holders, learner drivers attract a minimum of four demerit points if they are caught speeding. If a learner driver does receive a penalty of four or more demerit points within three years, their licence will be suspended or they will be unable to renew their licence or apply for a new licence for a minimum of three months.

Also a learner driver can lose their licence on the spot for:

• driving without a supervisor 
• an extra three months if they speed 30 km over the limit or
• an extra six months if they speed 45 km over the limit.   

Learner drivers do have the right of appeal to the local court if their licence is refused or suspended.

20. Provisional (P1) driver licence

I'm just about to get my P1 provisional driver licence. What rules must I follow?

 P1 provisional drivers must comply with the following rules;

• Personal responsibility - You must ensure that P plates (red P on a white background) are displayed clearly on an external part of the front and back of your vehicle (or on the back of a trailer if using one), you must not exceed a zero blood alcohol limit and you cannot use any mobile phone including hand held, hands free or speaker phone.
• Conditions on driving - You cannot exceed a maximum speed of 90 km/hr (any speeding offence incurs 4 demerit points, resulting in a minimum of three months suspension), you can only tow trailers up to 250 kilos (before loading) and you cannot drive certain prohibited vehicles, these include prohibited vehicles with eight or more cylinders, has a turbocharged or supercharged engine (diesel powered engines are exempt) and some high performance six cylinder vehicles (see below). You also cannot drive any vehicle that has any modifications that increase engine performance or any other vehicle specified by the RTA see -

prohibited eight cylinder vehicles

high performance vehicle restrictions

• Peer Passenger Condition - If under the age of 25, you can only carry one passenger under the age of 21 between 11pm and 5am. Exceptions to the rule include emergency vehicle drivers such as police officers, ambulance drivers, members of fire services within NSW while driving in the performance of their duties, or any other driver able to show exceptional circumstances and obtain RTA approval.  
• Seatbelts - You can only carry the number of passengers that can be correctly seated and restrained by either seatbelts or approved child restraints and you can only drive vehicles that have a seatbelt in the driver's position and you must wear it.  
• Licence - You may hold a P1 provisional drivers licence for up to 18 months, but you must hold it for a minimum of 12 months. If tested in an automatic (or cluchless manual) you can only drive an automatic (or clutchless manual), you cannot supervise a learner driver and you cannot upgrade your licence to a higher class (for example a class "C" licence allows you to drive cars, utilities, vans and some light trucks etc.) but not drive vehicles with a gross vehicle mass (GVM) of over 4.5 tonnes such as buses which seat more than 12 people etc. Finally, you must not accumulate the maximum (for a P1 provisional driver) of 4 demerit points.

21. Provisional (P2) driver licence

I've just finished the minimum period on my P1 provisional driver licence and have successfully completed the Hazard Perception Test (HPT). What rules must I follow for the P2 driver provisional licence?

 As a P2 provisional driver licence holder you must comply with the following rules;

• Must have P plates (green P on a white background) displayed clearly on an external part of the front and back of your car (or on the back of a trailer if using one).
• Must not exceed zero blood alcohol limit.
• Must not exceed a maximum speed of 100 km/hr.
• You cannot supervise a learner driver.
• You can only carry the number of passengers that can be correctly seated and restrained by either seatbelts or approved child restraints.
• You can only drive vehicles that have a seatbelt in the driver's position and you must wear it.
• You cannot drive certain prohibited vehicles. That is, you must not drive a vehicle with eight or more cylinders, has a turbocharged or supercharged engine (diesel powered engines are exempt) and some high performance six cylinder vehicles (see below). You also cannot drive any vehicle that has any modifications that increase engine performance or any other vehicle specified by the RTA see

prohibited eight cylinder vehicles

high performance vehicle restrictions

• You may hold a P2 Provisional drivers licence for up to 30 months, but you must hold it for a minimum of 24 months.  
• You must not accumulate the maximum (for a P2 provisional driver) of 7 demerit points.