Traffic Infringements

NSW Drink Driving Rules

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COMMENCING TODAY, the new laws surrounding drink driving have come into effect.

Under the new rules, ALL people caught drink driving, or driving with an illicit substance present in their blood, will lose their licence on the spot and be issued with a fine. This includes low range drink drivers, with a minimum fine of $561.

The blood alcohol limit for full licence holders, whether you drive a car or motorbike, is under 0.05.

For professional drivers, including bus drivers, taxi drivers, and heavy vehicle drivers, the blood alcohol limit is 0.02.

Learner and P Plate drivers must have a blood alcohol limit of zero.

These new laws are a key priority of the Road Safety Plan 2021. The Road Safety Plan is targeted at providing safer communities and safer country roads by utilising current technologies and implementing harsher penalties for drink and drug driving. 

Be sure not to drink drive or drive whilst under the influence of an illicit substance. If you find yourself in trouble with the law, contact our Criminal Law Department on (02) 4647 7577 or contact or 24 hour criminal law hotline on (02) 8324 7527.

If you have any questions or for further information contact:

Luisa Gaetani
Senior Lawyer
luisa@couttslegal.com.au
02 4607 2112

 

 

 

This blog is merely general and non specific information on the subject matter and is not and should not be considered or relied on as legal advice. Coutts is not responsible for any cost, expense, loss or liability whatsoever in relation to this blog, including all or any reliance on this blog or use or application of this blog by you.

Driver Disqualification and Habitual Offenders

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As of October last year, there has also been a change to the operation of driver disqualifications.

Prior to reforms, a person was declared a Habitual Traffic Offender if they had been convicted of 3 serious driving offences within a 5-year period. The result of which was a 5-year suspension, on top of the original penalties handed down for each offence. This scheme has now been abolished, as BOSCAR statistics show that extensive suspension periods are of little deterrence.

The new reforms allow those that have been compliant with their disqualifications for a minimum of 2 years (or 4 years for more serious offences) to apply to the Local Court to have their disqualification lifted.

To be eligible to have a disqualification lifted early you must not have a record of any driving offence occasioning death or grievous bodily harm, or offences relating to predatory driving, police pursuits or intentional menacing driving.

If the disqualification is lifted early, you will still need to reapply to have your license re-issued. You may be required by the RMS to pass a standard knowledge and driving test to do so, and any outstanding fines may slow or prevent your progression back to lawful driving.

However, for those who do not comply with their disqualification, police will have increased powers to seize number plates and vehicles on the spot.

If you find yourself in trouble with the law, or unsure if you need to attend Court under these new reforms, you should contact Coutts on (02) 4647 7577 and our friendly team and experienced criminal law solicitor will be more than happy to assist.

If you have any questions or for further information contact:

Luisa Gaetani
Senior Lawyer
luisa@couttslegal.com.au
02 4607 2112

 

 

 

This blog is merely general and non specific information on the subject matter and is not and should not be considered or relied on as legal advice. Coutts is not responsible for any cost, expense, loss or liability whatsoever in relation to this blog, including all or any reliance on this blog or use or application of this blog by you.

Towards Zero – Road Safety Plan 2021. What does it mean for you?

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2017 was a devastating year on NSW roads. 392 people lost their lives in a year with the highest road toll since 2010.

Under new laws that will be introduced by Mid 2019, driver’s who commit a low-range drink driving offence will lose their licence on the spot for a period of three months as well as incur a fine of $561.00.

You will be penalised for low range drink drinking if your blood alcohol reading is anywhere between 0.05 and 0.079.

Driver’s who are detected roadside to have an illegal substance present in their blood will also be fined and lose their licence on the spot for a period of three months.

First time Mid Range drink driving offenders will be required to have an alcohol interlock device installed in their vehicle. You will be penalised for mid range drink driving if your blood alcohol reading in anywhere between 0.08 to less than 0.15.

The Alcohol Interlock Program is designed to ensure offenders separate their drinking from driving and improve safety for all road users. An Alcohol Interlock device is an electronic breath testing device that is linked to the ignition system of cars, motorcycles and heavy vehicles. Drivers must provide a breath sample that the interlock analyses for the presence of alcohol before the vehicle will start.

These new laws are a key priority of the Road Safety Plan 2021. The Road Safety Plan is targeted at providing safer communities and safer country roads by utilising current technologies and implementing harsher penalties for drink and drug driving. 

Remember double demerits commence at midnight on 20 December 2018 until 1 January 2019 (inclusive). Be sure not to drink drive or drive whilst under the influence of illicit substance. If you find yourself in trouble with the law, be sure to contact our Criminal Law Department on (02) 4647 7577 or contact or 24 hour criminal law hotline on (02) 8324 7527.

If you have any questions or for further information contact:

Luisa Gaetani
Senior Lawyer
luisa@couttslegal.com.au
02 4607 2112

 

 

 

This blog is merely general and non specific information on the subject matter and is not and should not be considered or relied on as legal advice. Coutts is not responsible for any cost, expense, loss or liability whatsoever in relation to this blog, including all or any reliance on this blog or use or application of this blog by you.

New NSW Road Rule: Slow Down To 40km/hr For Flashing Lights

Photo source: https://www.facebook.com/nswpoliceforce/videos/slow-down-to-40/546373149125918/

Photo source: https://www.facebook.com/nswpoliceforce/videos/slow-down-to-40/546373149125918/

From 1 September 2018, drivers in New South Wales could face a fine of $448.00 and three (3) demerit points for exceeding the speed limit of 40 kilometres per hour whenever they pass an emergency vehicle that is stopped on the side of the road and flashing their blue and red lights. Drivers will also have to give way to any person who is on foot near the area of the emergency vehicle which is flashing their lights and to not increase their speed until they are safely past the area.

This rule applies to drivers passing near the area of a stationary emergency vehicle flashing their lights in both directions UNLESS the emergency vehicle is on the other side of the road and is separated by a median strip. However, if the emergency vehicle is on the median strip then the rule will continue to apply to drivers travelling in both directions. It applies to all roads including motorways, highways and freeways. The new rule will be in place for a trail period of 12 months to evaluate the safety and traffic impacts and any other consequences there may be for having the new rule.


Driving 40 kilometres per hour near stationary emergency vehicles is being introduced to improve the safety of police and emergency workers as well as those people emergency services seek to help. It also provides drivers with greater direction as to how they should approach a situation when they see the flashing lights. Transport for New South Wales, Centre for Road Safety, said motorists should always start slowing down in a controlled manner as soon as they see blue or red flashing lights, taking into account the road conditions at the time and other road users.

Emergency service vehicles covered by the new rule are:

  • NSW Police Force Vehicles

  • Ambulance Service of NSW vehicles

  • Fire & Rescue NSW vehicles

  • State Emergency Services vehicles

  • Rural Fire Service vehicles

  • Volunteer Rescue Association vehicles

  • Traffic Emergency Response vehicles

If you require any further information or need assistance in determining your options after receiving a fine, please contact:

Carrie Alton
Lawyer  
carrie@couttsmallikrees.com.au
02 4036 3307