Driving (traffic) or vehicle registration offences

Attending court for traffic matters

It is recommended that you seek legal advice prior to having your traffic matter dealt with by the Court and to assist you in determining whether to plea guilty or not guilty to the traffic offence(s) alleged against you. Further information and advice about going to Court in regards to traffic matters is available on the LawAccess website or you can call them on 1300 888 529.

PLEADING GUILTY

If you admit that you committed the offence please complete a Notice of Pleading form available on our Forms page indicating that you wish to plea guilty. You can include on this form any explanation and mitigating circumstances you wish the Court to consider when determining the penalty to impose. The Court can deal with this matter in your absence if you elect on the form for this to occur, and advice of the result will be sent to you (please ensure the court has your up to date contact details).

PLEADING NOT GUILTY

If you are disputing that you committed the traffic offence it will not be dealt with by the Court on the first listing date. It will be adjourned to a further date for a hearing before the Court and your attendance will be required.

If pleading not guilty please note the following:

(1)        If you are intending to dispute the accuracy of a detection instrument (camera, Lidar, radar)

Speed, red light and bus lane cameras are used throughout NSW and operated by Transport for NSW. If you are issued with a fine or have a lawful interest in the offence you can view the camera image online. You can also request a review of your fine with Revenue NSW if you think there’s been a mistake.

It is presumed at law that detection devices are an accurate and properly functioning device (if appropriately maintained and calibrated). If you want to challenge the accuracy of a device, it may be necessary for you to have an expert give evidence about that fact. It may be worthwhile seeking legal advice in the first instance.

(2)        If you intend to dispute that you were the driver of the vehicle

If the identity of the driver is known, you should nominate to the relevant authority, the name and address of the person who was driving the vehicle at the time of the offence. If this has not been done, this information cannot be raised as a defence at court. Instead, a plea of guilty with an explanation can be given to the court which can be taken into account by the Magistrate at the time of sentencing.

(3)        If you do not want to receive demerit points

Transport for NSW is the authority for demerit points, not the court. Demerit points are recorded on conviction and are linked to the offence date, not the conviction date.

It is important to know that the court has discretion to impose a penalty that involves not recording a conviction, even where a person pleads guilty.

(4)        The court may impose a harsher penalty than the original fine

If after hearing the case the Court finds that you committed the offence the court can impose a different penalty than  that stated on the original fine notice. This can include a higher fine and may also include court costs. In addition, in some instances, if a conviction is entered, the matter will be recorded on the person’s criminal record.

CHANGING A PLEA

If you have entered a plea with the Court and wish to change this, you must complete a change of plea at least 48 hours prior to your next listing date to ensure the court is in receipt of your change of plea. To do this please complete a Notice of Pleading form found on our Forms page.

Apply to remove a drivers licence disqualification

Follow the steps below before applying

• Step 1 - Apply for a copy of your driving record. The driving record must be filed at court with the 'Application to remove drivers licence disqualification form.
• Step 2 - Decide if you are eligible to apply to court. You should get legal advice about your eligibility to apply - Legal Aid can help. Contact Legal Aid.
• Step 3 - If you are eligible to apply, complete and lodge your court application form at a Local Court.

See: the Application to remove drivers licence disqualification form

Legal Aid brochure: Are you disqualified from driving?

Appeal a drivers licence or vehicle registration decision

If you’ve had your driver licence suspended by police or received a letter from Transport for NSW (TfNSW) about a vehicle or licence decision, you may be eligible to appeal the decision. 

You may appeal a licence or registration decision in the Local Court if you have:

• a letter from Transport for NSW (about a driver’s licence or vehicle registration) informing you that you may appeal to the Local Court OR
• an immediate licence suspension notice from NSW Police.

See: the Appeal against a decision of the RMS form

Apply to remove a habitual offender declaration

See: the Application that declaration as a habitual traffic offender be quashed form

Traffic offender intervention program

Find out about the Traffic Offender Intervention Program