Traffic cameras are now used across NSW to detect a wide range of driving offences. While most people associate cameras with speeding and red-light offences, modern camera systems can detect other conduct, including mobile phone use, seatbelt offences and certain lane offences.
A camera infringement can result in a fine, demerit points and, in some circumstances, the loss of your licence.
Importantly, receiving a camera fine does not necessarily mean that you have no options. Depending on the circumstances, there may be grounds to challenge an infringement, nominate another driver or make an application to the court.
What driving offences can cameras detect?
The types of offences a camera can detect depend on the camera’s type and where it is installed.
In NSW, camera enforcement can include:
- Speeding,
- Red-light offences,
- Illegal mobile phone use,
- Failing to wear a seatbelt,
- Bus lane and transit late offences,
- Certain level-crossing offences,
- Speeding in school zones, and
- Some offences involving vehicle registration and number plates.
Different cameras are designed to capture different types of conduct. Some systems measure a vehicle’s speed, while others use high-resolution images to identify what a driver is doing inside the vehicle.
Speeding offences
Speed cameras are one of the most common forms of automated traffic enforcement.
A fixed-speed camera can record a vehicle’s speed as it passes a particular location. The camera can capture the vehicle’s number plate, speed, location and the date and time of the alleged offence.
Some systems also use average-speed enforcement. In these circumstances, cameras record a vehicle at two different points and calculate the vehicle’s average speed between those locations.
Read more about speeding offences here.
Red-light offences
Red-light cameras are designed to detect vehicles that enter an intersection after the traffic light has turned red.
There can also be circumstances where the vehicle’s position, the timing of the traffic signal, or the circumstances surrounding the alleged offence need to be considered before a driver accepts the infringement.
Read more about red-light offences here.
Mobile phone offences
Mobile phone detection cameras are designed to identify drivers using a mobile phone illegally while driving. These cameras capture high-resolution images of the inside of a vehicle and can identify conduct that may not be obvious to a standard roadside camera.
Read more about mobile phone offences here.
Seatbelt offences
Some camera systems can also detect whether a driver or passenger appears to be wearing a seatbelt. High-resolution images can enable enforcement authorities to examine the occupants’ positions and determine whether the required restraint appears to have been used.
Bus and transit lane offences
Cameras can also be used to monitor restricted lanes. For example, a camera may record a vehicle travelling in a bus lane when ordinary vehicles are not permitted to use it.
The relevant road signs, lane markings, time restrictions and the circumstances in which the vehicle entered the lane may all be relevant to whether an offence occurred.
School-zone speeding
Speed cameras can also operate in school zones where reduced speed limits apply at times. Drivers need to be aware that the applicable speed limit can change depending on the time and day.
A driver who is travelling at a speed that would otherwise be lawful may still receive a speeding infringement if the lower school-zone limit applies when the vehicle is detected.
Level-crossing offences
Cameras can be used at some railway level crossings to monitor compliance with road rules. These offences can be particularly serious because failing to comply with a railway crossing signal can create significant safety risks.
Can cameras identify the driver?
Not every camera offence depends on the camera clearly identifying the driver’s face.
For many camera-detected traffic offences, the camera records the vehicle and its registration plate. A penalty notice can then be issued to the registered operator. If the registered owner was not driving the vehicle at the relevant time, there may be a process available to nominate the person who was driving.
The requirements for nominating another driver are important. A person should not nominate another driver unless they are satisfied that the nomination is accurate and complies with the applicable requirements.
What happens after a camera catches you?
If a camera detects an alleged offence, the registered owner will generally receive a penalty notice. The notice should contain information such as:
- The alleged offence,
- The date and time,
- The location,
- The penalty amount,
- Any applicable demerit points, and
- Options to deal with the infringement.
It is important not to ignore the notice. Failing to deal with an infringement can result in further consequences.
Many ordinary camera-detected traffic infringements are dealt with by way of a penalty notice rather than a criminal prosecution in court. However, the circumstances depend on the offence and how the matter is dealt with.
If you receive a camera-detected infringement, you should:
- Check the details of the notice.
- Check who was driving.
- Consider your demerit points.
- Review the evidence.
- Obtain legal advice if necessary.
If you have received a speeding, red-light, mobile phone, seatbelt or other camera-detected traffic infringement in NSW, the consequences can extend beyond the fine itself.
At Australian Criminal Law Group, we offer a free first consultation. This is an excellent opportunity to meet one of our experienced and proven criminal lawyers face-to-face, share the details about the case, and ask any questions you or they might have. All first consultations are obligation-free and conducted in the strictest confidence. You can read more about our first free consultation here.
Our team of traffic lawyers have 500+ 5-star reviews on Google and 60 years of combined experience, with each lawyer having 5 to 20 years of criminal and traffic law experience.
You can read our reviews here.