Red light cameras are in use across NSW roads. You can challenge any recent infringement notices you have received.
Red light camera offences are often dismissed as minor traffic infringements. However, the consequences can be more serious than many drivers realise.
In New South Wales, a red light camera offence occurs when a vehicle enters an intersection after the traffic light has turned red. If your vehicle’s wheels cross over the first white line after the light turns red, the camera is activated. The image captures the vehicle’s number plate, the date and time of the offence, the location, and the vehicle’s speed. These offences are enforced automatically by cameras, resulting in a penalty notice being issued to the vehicle’s registered owner.
Red light camera penalties
Under regulation 56 of the Road Rules 2014, a driver who fails to stop at a red traffic light is liable to a fine of over $500 and three demerit points. The loss of demerit points may lead to the suspension of the license.
If you elect to have the fine dealt with by a court, the maximum penalty increases to $2,200.
Paying the fine vs Going to court
When you receive a red light camera penalty notice in NSW, you generally have two options: pay the fine or elect to have the matter dealt with by a court. Each option carries different consequences and risks.
Paying the fine means you take accountability for the offence. You do not have to go to court, and no criminal record will be created.
If you elect to have the fine dealt with by a court, the matter will be listed before a Magistrate. The prosecution must prove that the offence occurred. There is a greater risk in this, but it is appropriate where:
- There are issues with the camera evidence
- The driver faces a licence suspension
- There are personal circumstances justifying leniency
Given the potential consequences, it is strongly recommended that legal advice be obtained before electing to have the matter dealt with by a court.
Disputing the allegation
There are many grounds for disputing a red light camera allegation. These include:
- Errors with camera evidence.
- Whether the vehicle entered the intersection on a red signal.
- Issues with signage, road layout, or light timing.
Is stopping just in time a good excuse?
One of the most common questions drivers ask after receiving a red light camera fine is whether they can defend the allegation by arguing that they stopped just in time.
In New South Wales, a red light camera offence is not based on whether your vehicle eventually came to a stop. The offence is committed if any part of the vehicle crosses the stop line after the traffic light has turned red. This means that even if you stopped immediately after crossing the line, the offence may still be made out.
What if someone else was driving?
If someone else was driving at the time of the offence, you will have the opportunity to nominate the actual driver to whom you would like the penalty transferred. There are time limits and consequences for failure to appoint.
Driver licence appeals
Licence Appeals are appeals to the Roads and Maritime Service against a decision to suspend a person’s driver’s licence. You may lodge a licence appeal where your licence will be suspended for:
- Speeding 30km or 45km over the speed limit.
- Your licence will be suspended because of accumulated demerit points, and you are a P Plater.
Find out more about driver license appeals here.
Why choose the Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best possible outcome for red light camera offences, including no convictions. For these offences, a good lawyer can be the difference between a conviction and a clean criminal record, and between losing your licence and keeping it.
To discuss your red light camera charge, call the Australian Criminal Law Group at our Sydney, Parramatta and Blacktown offices or make a website inquiry today.
Contact us now.