NSW Street Racing and Other Offences

Tough measures are in place to combat anti-social ‘car hoon’ behaviour. The laws make it clear for irresponsible drivers treating NSW roads as their own personal race track that this is selfish and dangerous behaviour, and will not be tolerated.

The information on this page is a plain English guide only and is subject to change at any time without notice.
Reference should be made to the latest provisions in the law for detailed information on specific offences and penalties.

Vehicle Sanctions Scheme

Introduced on 1 July 2012, the Vehicle Sanctions Scheme allows police to apply roadside sanctions where the following offences are detected:

• Street racing
• Aggravated burnout
• Engaging in a police pursuit
• Speeding by more than 45km/h.

From Monday 3 December 2018, the Vehicle Sanctions Scheme will also apply to repeat, high risk drink drivers.

Number plate confiscation

Where a driver commits one of the offences above and is the registered operator of the offending vehicle, police may confiscate the number plates at the roadside as an alternative to the long-standing practice of impounding the vehicle. Vehicle impoundment or plate confiscation will be for a fixed three-month period. A person may apply to the local court for an order for the early release of confiscated plates or an impounded vehicle.

There are also tough penalties for people who use a vehicle that has had its number plates confiscated. This includes driving a vehicle with no plates or false plates. Heavy penalties also apply to altering, tampering with or replicating a production notice sticker attached to a vehicle by police when number plates are removed.

Court imposed penalties

The maximum penalties for a person who is convicted of vehicle or plate confiscation offences are as follows:

• A person convicted of an offence of operating a motor vehicle on a road during a plate confiscation period faces a maximum court imposed fine of $3,300 and vehicle forfeiture
• A person convicted of an offence or removing, tampering with or modifying a number plate confiscation notice faces a maximum court imposed fine of $3,300 and vehicle forfeiture

Further offences relating to vehicle and number plate confiscation are prescribed under section 244 of the Road Transport Act 2013.

The maximum penalty for a person who is convicted of a street racing or ‘hoon’ offence is as follows:

• The maximum court imposed fine for an aggravated burnout offence is $3,300 for a first offence and $3,300 and/or 9 months imprisonment for a second or subsequent offence. A 12-month automatic period of disqualification also applies following conviction for the offence
• The maximum court imposed fine for a street racing offence is $3,300 for a first offence and $3,300 and/or 9 months imprisonment for a second or subsequent offence. A 12-month automatic period of disqualification applies to those convicted of this offence
• The maximum court imposed fine for an offence of speeding by more than 45km/h is $2,530 for the driver of a light vehicle and $3,740 for the driver of a heavy vehicle. A six-month automatic period of disqualification applies to those convicted of the offence
• The maximum penalty for a police pursuit offence is 3 years imprisonment and a 3-year automatic period of disqualification for a first offence, and 5 years imprisonment and a 5-year automatic period of disqualification for a second or subsequent offence.

Street racing and burnout offences are prescribed under sections 115 and 116 of the Road Transport Act 2013. Police pursuit offences are prescribed under section 51 of the Crimes Act 1900, and speeding by more than 45km/h in Rule 20 of the Road Rules 2014.

Immediate licence suspension

Police can also immediately suspend a driver’s licence at the roadside following a person being charged with a street racing or aggravated burnout offence. The suspension will remain in place until the charge is determined by a court.

The aggravated burnout offence can apply to persons other than the driver. For example, a hoon driver’s mate who willingly participates in, urges others to participate in, photographs or films to promote or organise hoon activity can also be charged with the offence and faces the same penalties.

Motor vehicle sanctions

NSW Police have the power to confiscate the car of a driver who commits a street racing or aggravated burnout offence, engages in a police pursuit or speeds by more than 45km/h. Police also have additional options to confiscate a vehicle’s number plates, or give the driver or registered operator of the vehicle a notice requiring that the vehicle be produced at a specified place within 10 days. If the vehicle is not produced a court imposed penalty of $3,300 can apply and Roads and Maritime Services can suspend the vehicle’s registration for 3 months.

Where the driver is also the registered operator of the vehicle

In cases where the driver is the registered operator, the vehicle may be impounded or the plates confiscated for a period of 3 months for a first offence. For a second or subsequent offence, the vehicle may be forfeited to the Crown and may be sold or released to Roads and Maritime for crash testing.

Where the driver is not the registered operator of the vehicle

In cases where the driver is not the registered operator, Roads and Maritime may issue a suspension warning notice to the registered operator warning that if the same vehicle is used in a second offence, the registration of the vehicle may be suspended for 3 months.

If a second or subsequent offence is committed, the registration of the vehicle may be suspended for 3 months.

Note: It is not intended that vehicle owners be penalised for the driving offence committed, but rather for failing to adequately supervise use of their vehicle on repeated occasions.

Crash testing by Roads and Maritime

Laws provide that the cars of repeat offenders may be forfeited to the Crown. Usually, those vehicles are sold and the money used to recover storage and collection costs. The laws also allow certain forfeited vehicles to be released to Roads and Maritime for crash testing.

Roads and Maritime will use the unique tests to investigate the potential effects of certain modifications on overall crashworthiness and the wrecks of these vehicles will be displayed at education days for young drivers, or at other Roads and Maritime presentations.Share this page: 

NSW Professional Drivers

Eligible professional drivers have an increased demerit points limit of 14 points.

The information on this page is a plain English guide only and is subject to change at any time without notice.
Reference should be made to the latest provisions in the law for detailed information on specific offences and penalties.

Generally, unrestricted licence holders who reach or go over 13 demerit points are sent a Notice of Suspension, or are refused a licence if they apply for one.

Professional drivers however, have a demerit points threshold of 14 points, provided they meet the criteria.

If you can demonstrate you meet the professional driver requirements, any suspension (or refusal) applied based on 13 demerit points exactly will be withdrawn.

If you later reach or go over 14 demerit points however, you will be suspended or refused as for other unrestricted licence holders.

Professional driver status was introduced on 31 January 2011. If you are subject to a suspension or refusal period issued before 31 January 2011, you are not eligible to apply for professional driver status.

Who is eligible?

You are eligible for the increased demerit points limit if you hold an an unrestricted licence and you are a:

• Motor vehicle driver who transports goods either inter and/or intra-state, or
• Bus, taxi or hire car driver who holds an authority issued under the Passenger Transport Act 1990.

The following conditions apply:

• You must earn an income for the driving work and drive more than 20 hours per week. Volunteer drivers do not qualify
• You must have been a professional driver on the date of your last demerit point offence and on the date the notice of suspension was given (or the date you were refused a licence).

People who are not professional drivers

You do not qualify as a professional driver if:

• Driving a motor vehicle is incidental to your primary work such as a tradesperson, vehicle repairer, salesperson, carer, tow truck operator, food vendor etc
• Your primary work is driving an implement (grader, road roller, bulldozer etc)
• You have not held a licence for more than 6 months because it expired or was disqualified, and you are now applying for a licence
• Your primary work is personally driving a motor vehicle but the driving is not for the purpose of transporting goods
• Your primary work is personally driving a motor vehicle to transport people but the driving is not for the purpose of transport under the Passenger Transport Act 1990
• Your driving is only to transport yourself to your place of work or education.

Interstate licence holders are not eligible to apply for professional driver status.

Applying for professional driver status

If you qualify for professional driver status, you can make an application.

Your application will be considered if you:

• Have been issued a notice of suspension which has not yet started, or
• You have been refused a licence renewal and you have held an unrestricted NSW driver licence within the past 6 months, and
• In either case, you have accumulated exactly 13 demerit points.

An application for a professional driver status will not be considered if you have 14 or more demerit points.

You do not need to have been a professional driver for the whole period during which you accrued the demerit points, however you must have been a professional driver at the date of the last offence, which caused you to reach 13 demerit points, and also at the date the Notice of Suspension was issued or your licence renewal was refused.

Submitting your application

If you have received a notice of licence suspension in the mail, you need to visit a registry or service centre before the suspension period begins.

You will need to:

• Bring your notice of suspension with you
• Meet all the requirements for a professional driver
• Complete the Professional Driver Declaration form available from the registry or service centre
• If you are a bus, taxi or hire car driver, you will need to provide your current Driver Authority.

If you have been refused a licence renewal because you have reached exactly 13 demerit points, to apply for professional driver status your driver licence must also not have been disqualified or expired for more than 6 months.

Information required on the Professional Driver Declaration form

When completing the Professional Driver Declaration form, you will need to include:

• The company/business name of your employer (includes self employed)
• If you are a taxi driver, the name of the taxi operator(s) and taxi network(s)
• The title of the job you are employed to do (eg truck driver or bus driver)
• The number of hours per week you are paid to perform this driving work
• Confirmation that you were a professional driver at the date of your last demerit point offence and at the date you were issued a notice of suspension or the date your licence renewal was refused
• Your contact telephone number
• If you are a bus, taxi or hire car driver, the number and expiry date of your Driver Authority issued under the Passenger Transport Act 1990.

Verification of your application

Roads and Maritime may check the information you provide on your declaration. This means that your employer can be contacted about what you are employed to do, the hours you work and to verify that you are paid for that work. We can also verify that the Driver Authority issued to bus, taxi or hire car drivers is valid and current.

Important: Providing false information is a criminal offence. If the information you provide is found to be false, we may request the Police to prosecute. Heavy penalties, including a term of imprisonment, may be imposed by a court on conviction for the offence. We can also suspend your licence.

If your application is successful

If your application for professional driver status is successful:

• If a Notice of Suspension was issued, it will be withdrawn and your licence will not be suspended
• If your application for a licence renewal was refused, the refusal will be withdrawn and your licence will be renewed
• The 13 demerit points you have accrued, and all the related offences, will remain on your driving record.

Important: If you accrue more demerit points, you will be issued with a new Notice of Suspension, or a new refusal period will be applied.

Further applications

If you are issued with a new Notice of Suspension or are refused a licence in future, you must submit a new application for professional driver status, as your employment as a professional driver may have ended since your last application.

If your application is unsuccessful

If Roads and Maritime determines that you do not meet the eligibility criteria for a professional driver, you will be subject to suspension or refusal as for other unrestricted licence holders.

Provided you apply before the suspension begins, you have the option to apply for a Good Behaviour Period. If you elect to be of good behaviour, you cannot apply for professional driver status in the event that you commit further demerit point offences and are being suspended as a result.

Excessive speeding and court disqualifications for serious offences

The professional driver option is part of the demerit points scheme, and so is not available if you have been suspended for an excessive speeding offence.

You are also not eligible if you have been disqualified by a court for a serious offence such as drink driving.Share this page: 

NSW How Demerit Points Work

If you haven’t committed any offences, you have zero demerit points. If you commit an offence that carries demerit points, the points are added to your driving record.

The information on this page is a plain English guide only and is subject to change at any time without notice.
Reference should be made to the latest provisions in the law for detailed information on specific offences and penalties.

Licence suspension or refusal

Different licence types have different limits for demerit points. If you commit enough demerit point offences within a 3 year period that you reach or go over the limit for your licence type, your licence will be suspended, or we will refuse to renew it. If this happens, we will send you a Notice of Suspension or Refusal.

The 3 year period is calculated between the dates the offences were committed. It ends on the day your most recent offence was committed.

Your licence may also be suspended if you commit an excessive speed offence.

A Notice of Suspension or Refusal specifies the date the licence suspension or refusal begins. The imposition of a licence suspension or refusal period relies on Roads and Maritime serving a Notice.

Demerit point limits

The limits are:

• Unrestricted licence: 13 points
• Professional drivers: 14 points. See Professional drivers for more information
• Provisional P2 licence: 7 points
• Provisional P1 licence: 4 points
• Learner licence: 4 points
• Unrestricted licence with a good behaviour period: 2 points within the term of the good behaviour period.

Suspension periods

For unrestricted licence holders, the period of suspension depends on the number of points you accumulate:

• 13 to 15 points: 3 month suspension
• 16 to 19 points: 4 month suspension
• 20 or more points: 5 month suspension

For learner, P1 and P2 licence holders, the suspension period is 3 months.

Refusal of a licence

Roads and Maritime may refuse to renew your licence if you have exceeded your demerit point threshold, or you have committed a serious speeding offence. The period a licence may be refused is the same as that applying to a licence suspension. Roads and Maritime will issue you with a Notice of Refusal in this situation.

Formal refusal is only applied and a refusal notice given when you attend a registry or service centre and apply for a licence or licence renewal.

Penalties for repeatedly exceeding demerit point limit

From 1 February 2015, increased penalties apply to drivers who repeatedly exceed their demerit point limit.

Unrestricted licence holders

Unrestricted licence holders who exceed their demerit points twice within 5 years must complete the following before they are licensed to drive again:

• Pass the Driver Knowledge Test
• Complete a driver education course such as the Traffic Offender Intervention Program, at the offender’s cost. The driver education course must be delivered by one of the approved providers in NSW:
  • PCYC
  • Road Sense
  • SAVE Traffic Offender Intervention Program
  • Blacktown Traffic Offender Program
  • Smart Driver Program
  • TORP – Traffic Offenders Rehabilitation Program
  • ASPIRE Traffic Offender Course

Provisional P2 licence holders

From 20 November 2017 changes to the Graduated Licence Scheme mean that Provisional P2 drivers who receive a suspension for unsafe driving behaviour must stay on their P2 licence for an extra 6 months.

This applies to every suspension they receive. For example, if a P2 licence holder receives a demerit point suspension, they will be on their P2 licence for the normal 24 months and an extra 6 months, before being able to apply for an unrestricted licence.

Each separate suspension delays a P2 licence holder an extra 6 months from progressing to an unrestricted licence.

Repeated drink driving offences

Drivers convicted of 2 drink driving offences in a 5 year period must pass the Driver Knowledge Test before they are again licensed to drive.Share this page: 

Demerits Points For Learner And Provisional Licence Holders

To help reduce young driver deaths on our roads, learner and provisional licence holders are included in the demerit point scheme.

The allocation of demerit points for certain traffic offences is designed to encourage safe and responsible driving.

The majority of drivers, including learners and provisional drivers, are able to drive safely and in accordance with the law. However, drivers under 25 years of age continue to be over-represented in road crashes. The inclusion of learner and provisional licence holders in the demerit points scheme will further encourage safe driving by young people and help reduce the trauma caused by road crashes to individuals and their families and friends.

The information on this page is a plain English guide only and is subject to change at any time without notice.
Reference should be made to the latest provisions in the law for detailed information on specific offences and penalties.

Licence suspension or refusal

Learner and P1 drivers

If you commit enough demerit point offences within a 3 year period that you reach or go over 4 demerit points, your learner or P1 licence will be suspended, or we will refuse to renew it, for 3 months.

P2 drivers

If you commit enough demerit point offences within a 3 year period that you reach or go over 7 demerit points, your P2 licence will be suspended, or we will refuse to renew it, for 3 months.

Heavy penalties apply

Heavy penalties, including a jail sentence and disqualification from driving, may be imposed by a court if you are convicted of driving while your licence is suspended or refused.

Speeding offences for learner and P1 drivers

All speeding offences committed by a learner or P1 driver attract at least 4 demerit points.

This means that if you commit any speeding offence while on your learner or P1 licence, you’ll be suspended, or we’ll refuse to renew your learner licence, for 3 months.

Excess speed offences

You can also lose your licence for higher levels of speeding. An additional 3 month suspension applies if you exceed the speed limit by more than 30 km/h, and a 6 month suspension applies for speeding by more than 45 km/h.

Police can also suspend and confiscate your licence at the roadside for speeding more than 30 km/h over the limit or if you drive without a supervisor.

Additional suspension period for P2 drivers

From 20 November 2017 changes to the Graduated Licence Scheme mean that a provisional P2 driver who is suspended for unsafe driving behaviour will have to to add 6 months to the time they must hold a P2 licence.

An extra 6 months is added for every suspension received. For example if a P2 licence holder receives a demerit point suspension, they will have to hold their P2 licence for the normal 24 months but will stay on their P2 for an extra 6 months, before being able to apply for a full licence.

Each separate suspension delays the P2 licence holder an extra 6 months . This applies to P2 licence holders who receive demerit point suspensions or suspensions for committing a higher risk road traffic offence such as exceeding the speed limit by 30km/h or more.

A P2 driver is required to remain on their licence restrictions before qualifying for graduation to a full unrestricted licence.

If a P2 driver commits an offence and does not receive a suspension, their period on a P2 licence will not be extended.

Appeals

If your learner or provisional licence is suspended due to loss of demerit points, you have the right to appeal the suspension.

Unrestricted licence holders do not have the right to appeal.

If you have the right of appeal you must lodge the appeal no later than 28 days after you receive a suspension or refusal notice. The law provides that a notice is deemed to be received four days after the date the notice is posted.

If an appeal is accepted by a court out of time, the law does not allow Roads and Maritime to record the appeal. You remain suspended or refused. This means you cannot drive. When the appeal is heard, the court will be advised that there is no jurisdiction for the court to hear the appeal.

NSW Serious Driving Offences

Penalties that apply to some of the more serious road related offences.

The information on this page is a plain English guide only and is subject to change at any time without notice.
Reference should be made to the latest provisions in the law for detailed information on specific offences and penalties.

Negligent driving where death is occasioned

Penalty	First offence	Second or subsequent offence
Maximum court-imposed fine	$3,300	$5,500
Maximum prison term	18 months	2 years
Minimum disqualification	12 months	2 years
Maximum disqualification	Unlimited	Unlimited
Disqualification in the absence of a specific court order	3 years	5 years

Negligent driving where grievous bodily harm is occasioned

Penalty	First offence	Second or subsequent offence
Maximum court-imposed fine	$2,200	$3,300
Maximum prison term	9 months	12 months
Minimum disqualification	12 months	2 years
Maximum disqualification	Unlimited	Unlimited
Disqualification in the absence of a specific court order	3 years	5 years

Furious driving; Reckless driving; Driving in a manner or at a speed dangerous

Penalty	First offence	Second or subsequent offence
Maximum court-imposed fine	$2,200	$3,300
Maximum prison term	9 months	12 months
Minimum disqualification	12 months	2 years
Maximum disqualification	Unlimited	Unlimited
Disqualification in the absence of a specific court order	3 years	5 years

Fail to stop and give assistance in an accident involving death or injury

Penalty	First offence	Second or subsequent offence
Maximum court-imposed fine	$3,300	$5,500
Maximum prison term	18 months	2 years
Minimum disqualification	12 months	2 years
Maximum disqualification	Unlimited	Unlimited
Disqualification in the absence of a specific court order	3 years	5 years

Other major offences mentioned in section 205 of the Road Transport Act 2013.

Penalty	First offence	Second or subsequent offence
Maximum court-imposed fine	As in existing legislation	As in existing legislation
Maximum prison term	As in existing legislation	As in existing legislation
Minimum disqualification	12 months	2 years
Maximum disqualification	Unlimited	Unlimited
Disqualification in the absence of a specific court order	3 years	5 years

NSW Licence Suspension & Cancellation

Drink and drug driving reforms

From 20 May 2019, tougher penalties apply for lower range drink driving offences, and for driving with the presence of an illicit drug.

The change is part of a number of reforms in the Road Safety Plan 2021 to reduce alcohol and drug related trauma on NSW roads.

The information on this page is a plain English guide only and is subject to change at any time without notice.
Reference should be made to the latest provisions in the law for detailed information on specific offences and penalties.

Reaching or exceeding your demerit points limit

If you reach or exceed the limit for demerit points within a 3 year period, your licence will be suspended.

Immediate licence suspension

Police may immediately suspend and confiscate your licence for the following offences:

• A serious driving offence causing death or grievous bodily harm
• Speeding in excess of 45 km/h over the speed limit
• Driving under the influence (DUI) offences
• A prescribed concentration of alcohol drink driving offence
• A street racing offence
• An aggravated burnout offence. The definition of an aggravated burnout includes a hoon driver’s mates who willingly participate in, urge others to participate in, photograph or film to promote or organise hoon activity
• Learner or provisional licence holders speeding in excess of 30 km/h over the speed limit whilst the holder of a learner or provisional licence
• Learner licence holders driving without supervision.

Police can suspend and confiscate a licence either on the spot or within 48 hours of a person being charged or issued a penalty notice for a relevant offence. This means you may have to arrange for your vehicle to be collected by someone else.

Where a person is charged by police with one of the offences, the suspension will remain until the offence is heard by a court. If you are convicted and disqualified by the court, the court will take the period you have served under suspension when imposing the disqualification period into account.

If you are issued with a penalty notice for a lower range drink driving offence, the suspension will apply for 3 months.

If you are issued a penalty notice for speeding in excess of 45 km/h over the limit, the suspension will apply for six months.

If you hold a learner or provisional licence and are issued a penalty notice for speeding in excess of 30 km/h but not more than 45 km/h over the limit, or a learner driver driving unaccompanied by a supervising driver, the suspension will apply for a three months.

Camera-detected excessive speed offences are not included in the immediate licence suspension scheme. Roads and Maritime Services may apply a suspension following payment of the penalty notice.

Appeals – immediate licence suspensions

You have the right to appeal the immediate licence suspension at a local court.

You must lodge the appeal with a court within 28 days of being issued the suspension notice. You can file online, or go to a NSW local court. A fee is payable to the court when lodging an appeal.

Unless the court in the meantime orders otherwise, you must not drive unless the court upholds your appeal.

Demerit points

Demerit points and fines also apply to speeding offences.

Drivers visiting NSW

If you are a visiting driver and do not hold a NSW driver licence, your permission to drive in NSW can be withdrawn under the same provisions.

See Visiting NSW for more information about driving in NSW on an interstate or overseas licence.

Licence disqualification

If a court disqualifies you from driving, your licence will be automatically cancelled.

Disqualified from driving means you cannot drive a vehicle at all until the period of disqualification or cancellation has expired and a licence is reissued.

There are heavy penalties for driving while disqualified or cancelled, including jail terms.

Multiple disqualifications for unauthorised driving offences will be able to run concurrently, unless otherwise ordered by the court.

A driver licence suspension issued by the police for certain serious driving offences will start immediately and before any other suspension on the licence.

Drivers who have long disqualification periods may be able to apply for their disqualification periods to be lifted by the court. See Licence disqualification reforms for more information.

Police impounding of motor vehicles and confiscation of number plates

Police can impound vehicles and confiscate number plates from drivers who continue driving unlicensed or disqualified.

Vehicles will be impounded for a period of three months when a disqualified driver is caught exceeding the speed limit by more than 30km/h.

Police will also impound a vehicle for six months when a disqualified driver commits an offence.

Number plates can also be confiscated for three or six months depending on the offence.

Habitual offenders

The Habitual Offender Scheme has ended. Evidence showed the scheme did not meet the needs of the community. 

Unregistered & Uninsured Vehicles NSW

There are heavy penalties for using an unregistered or uninsured vehicle in NSW. Use of a vehicle includes driving and parking the vehicle on a road or road related area.

The information on this page is a plain English guide only and is subject to change at any time without notice.
Reference should be made to the latest provisions in the law for detailed information on specific offences and penalties.

A vehicle becomes unregistered when the registration is not renewed by the expiry date or when the registration is cancelled or suspended. When a vehicle is unregistered, Compulsory Third Party (CTP) insurance is usually not valid. This means that the vehicle may also be uninsured. See Unregistered vehicles for more information.

The tables on this page list the basic fines and penalties, but heavier fines are imposed if the matter goes to court. The driver/registered operator of the vehicle could be fined.

Effective 1 July 2019.

Penalties for unregistered vehicle offences

Offence	Light vehicles	Heavy vehicles (GVM more than 4.5 tonnes)
Drive or park an unregistered vehicle on a road or road related area	$686	$1,449 and 4 demerit points
Drive or park an uninsured vehicle on a road or road related area	$686	$686
Park an unregistered trailer (not being part of a combination) on a road	$191	$191

Penalties for the last registered operator of an unregistered vehicle

Offence	Light vehicle	Heavy vehicle (GVM more than 4.5 tonnes)	Trailer
Cause or permit use of unregistered vehicles	$686	$686	$686
Cause or permit use of uninsured vehicles	$686	$686	Not applicable

Unlicensed Driving NSW Australia

There are heavy penalties for driving without a licence, or driving a type of vehicle that your licence doesn’t authorise you to drive. It is your responsibility to renew your licence by the due date.

The information on this page is a plain English guide only and is subject to change at any time without notice.
Reference should be made to the latest provisions in the law for detailed information on specific offences and penalties.

Effective 28 October 2017.

Driving whilst disqualified, cancelled, suspended or refused

Note: Excludes suspension or cancellation under the Fines Act 1996.

Penalty	First offence	Second or subsequent offence
Maximum court-imposed fine	$3300	$5500
Maximum prison term	6 months	12 months
Minimum disqualification	3 months	6 months
Default period of disqualification	6 months	12 months

Driving with a cancelled or suspended licence under the Fines Act 1996

Penalty	First offence	Second or subsequent offence
Maximum court-imposed fine	$3300	$5500
Minimum disqualification	1 month	3 months
Default period of disqualification	3 months	12 months

Never licensed

Penalty	First offence	Second or subsequent offence
Penalty Notice	$796	Not applicable
Maximum court-imposed fine	$2200	$3300
Maximum prison term	Not applicable	6 months
Minimum disqualification	Not applicable	3 months
Default period of disqualification	Not applicable	12 months

Other offences

Offence	Penalty	First offence	Second or subsequent offence
Not appropriate licence class – Class of vehicle driven: C, R, LR or MR	Penalty Notice	$519	$796
Not appropriate licence class – Class of vehicle driven: HR, HC, or MC	Penalty Notice	$623	$1245
Driver held licence in other State or Territory but lived in NSW for 3 months or longer	Penalty Notice	$519	$796
Driver held a licence that had expired less than two years before	Penalty Notice	$549	$796
Driver held a licence that had expired two years or more before	Penalty Notice	$623	$1245
Holder of a provisional rider licence drives a motorcycle with engine capacity greater than 660 ml or a power to weight ratio greater than 150 kilowatts per tonne	Penalty Notice	$519	$796

A court can decide to make a disqualification period shorter or longer but it cannot be shorter than the minimum period specified for certain offences.

Speeding In NSW Australia

Speeding is the most common contributing factor to road fatalities in NSW.

The information on this page is a plain English guide only and is subject to change at any time without notice.
Reference should be made to the latest provisions in the law for detailed information on specific offences and penalties.

On declared public holiday long weekend periods in NSW the demerit points for all speeding, seat belt, child restraint and helmet offences are doubled.

What penalties apply for speeding in NSW?

If your vehicle is detected by a fixed speed camera, mobile speed camera or Police Officer and a penalty notice is issued, you will incur a fine and licence demerit points. Learner and P1 licence holders will have their licence suspended for at least 3 months for any speeding offence.

There are licence suspension periods, similar to the minimum disqualification periods applied by a court, for exceeding the speed limit by more than 30 km/h (3 months), and by more than 45 km/h (6 months). If police catch you speeding by more than 45km/h over the limit you may have your licence immediately suspended and confiscated at the roadside for 6 months.

Police can also impound or confiscate number plates from a vehicle for a period of 3 months:

• when a driver is caught exceeding the speed limit by 45km/h; or
• a disqualified driver is caught exceeding the speed limit by 30km/h.

If a disqualified driver is caught speeding by more than 45km/h over the speed limit, Police can impound or confiscate number plates from a vehicle for a period of 6 months.

Note: Since 21 May 2007 increased fines and demerit points apply to certain traffic and parking offences committed within operating school zones. See the NSW Centre for Road Safety website for information about when school zones are in force.

List of speeding offences and penalties

See Speeding offences for a list of speeding offences, or you can search demerit point offences.

Licence suspension and disqualification periods for speeding

Licence holders may be disqualified or have their licence suspended for the following serious speeding offences:

• Driving more than 45km/h above the speed limit – suspension or disqualification for 6 months
• Driving more than 30km/h but not more than 45km/h above the speed limit – suspension or disqualification for 3 months.

In addition to the suspension and disqualification periods, these offences also carry demerit points which are added to the licence holder’s record. If the licence holder reaches or exceeds their demerit points limit, these points may contribute to an additional suspension or refusal period under the Demerit Points Scheme.

Penalties if you are convicted by a court

Exceed speed limit by	Light vehicles – court maximum fine	Heavy vehicles – court maximum fine	Licence disqualification
Not more than 10 km/h	$2,200	$2,200	–
More than 10 km/h but not more than 20 km/h	$2,200	$2,200	–
More than 20 km/h but not more than 30 km/h	$2,200	$2,200	–
More than 30 km/h but not more than 45 km/h	$2,200	$2,200	3 months (minimum)
More than 45 km/h	$2,530	$3,740	6 months (minimum)

Traffic Lights

Information about traffic lights and signals.

The information given in this section is a guide only and is subject to change at any time without notice.

This information is also available in the Road Users Handbook.

You can access the full text of the NSW Road Rules on the NSW Legislation website.

General

Red means stop. Wait behind the stop line.

Do not go through the intersection.

Yellow (amber) means stop. You can enter the intersection if you are so close that sudden braking might cause a crash.

Green means proceed through the intersection carefully.

Turning arrows at traffic lights

Some traffic lights have arrows to control traffic turning right or left.

A green arrow means you can only turn in that direction.

A red arrow means traffic waiting to turn must wait behind the stop line until the arrow turns green or disappears, even if there is no traffic on the road.

You must not go straight ahead or turn left. You may turn right.

You must not turn right but you can go straight ahead or turn left if the way is clear.

When the yellow (amber) arrow is flashing, you may proceed but you must give way to any pedestrian who is crossing the road into which you are turning.

Bicycle storage areas

Some intersections that have traffic lights contain bicycle storage areas. These painted areas on the road allow cyclists to stop in safety. When traffic lights or arrows are red, drivers must not allow any part of the vehicle to enter the bicycle storage area.

Signs at traffic lights

A STOP sign with three black dots is only seen at traffic lights. It means that if the lights are not working or are flashing yellow and you are approaching this sign, you must stop and give way to traffic as though you are at an intersection with stop signs.

This sign allows you to turn left on a red light after stopping. When turning left you must give way to all traffic approaching from the right.

Left turn on red light is only permitted at intersections where the sign has been placed.

B signals

B signals separate buses and other vehicles at some intersections with traffic lights for a safer, smoother traffic flow. To ensure B signals work properly never drive in the lanes marked buses only.

B signals are attached to the usual traffic lights. They show a white B on a black background (some traffic lights have a red, yellow and white B signal attached to them). Shortly before the usual traffic signals change to green, the B signal lights up white. All other vehicles stay while the buses may go. Buses may proceed in any direction unless signs or markings indicate otherwise. When the lights turn green other vehicles may move off.

The red and yellow B signals (or the usual red and yellow traffic lights) tell bus drivers when to stop at the intersection.

Bicycle riders

Where the traffic at an intersection is controlled by traffic lights, cyclists may have signals that show them when to cross. Cyclists must follow these red, yellow or green bicycle symbols and proceed with care

T signals

T signals are special signals for light rail vehicles. These traffic lights display the letter T. Red or yellow T signals tell the drivers of light rail vehicles when to stop or prepare to stop. A white T signal means that the driver of a light rail vehicle can go.

Red light speed cameras

Red light cameras are used to photograph vehicles that go through a red light.

A penalty notice is then sent to the owner of the vehicle, who has the option to:

• Pay the fine.
• Advise Revenue NSW on a statutory declaration the name and address of the person driving at the time of the offence.
• Advise Revenue NSW you want to have the case heard by a court.

If you are crossing the intersection as the light turns yellow (amber) and it is not safe to stop, do not panic. Continue driving through the intersection. The camera only takes a photograph if you cross over the stop line 0.3 seconds after the light has turned red.

Traffic already in the intersection or entering on a yellow (amber) light will not activate the red light camera.

Red light speed cameras use digital technology that is capable of detecting both red-light and speeding offences.

Pedestrian signals

When making a turn at an intersection you must give way to pedestrians on the road into which you are turning.

Where the traffic at the intersection is controlled by traffic lights, there may be signals for pedestrians that show them when to cross.

Pedestrians must follow these signals.