|
PCA
and Other Drug and Alcohol-related Offences |
Penalties |
First
Offence |
Second or Subsequent Offence |
|
High range PCA (BCA .15 and higher); Refuse a breath analysis;
Hinder or obstruct taking of a blood sample; Wilfully alter the
concentration of alcohol in the blood |
Maximum
court-imposed fine |
$3,300 |
$5,500 |
|
Maximum goal term |
18 months |
2 years |
|
Disqualification -
minimum |
12 months |
2 years |
|
Disqualification -
maximum |
Unlimited |
Unlimited |
|
Disqualification -
in the absence of a specific court order |
3 years |
5 years |
|
Immediate licence
suspension |
Yes |
Yes |
|
Mid range PCA (BCA
.08 to less than .15) |
Maximum
court-imposed fine |
$2,200 |
$3,300 |
|
Maximum gaol term |
9 months |
12 months |
|
Disqualification -
minimum |
6 months |
12 months |
|
Disqualification -
maximum |
Unlimited |
Unlimited |
|
Disqualification -
in the absence of a specific court order |
12 months |
3 years |
|
Immediate licence
suspension |
Yes |
Yes |
|
Low range PCA (BAC
.05 to less than .08) |
Maximum court-
imposed fine |
$1,100 |
$2,200 |
|
Maximum gaol term |
Not applicable |
Not applicable |
|
Disqualification -
minimum |
3 months |
6 months |
|
Disqualification -
maximum |
6 months |
Unlimited |
|
Disqualification -
in the absence of a specific court order |
6 months |
12 months |
|
Special range PCA
(BAC .02 to less that .05) |
Maximum court-
imposed fine |
$1,100 |
$2,200 |
|
Maximum gaol term |
Not applicable |
Not applicable |
|
Disqualification -
minimum |
3 months |
6 months |
|
Disqualification -
maximum |
6 months |
Unlimited |
|
Disqualification -
in the absence of a specific court order |
6 months |
12 months |
|
Drive under the
influence |
Maximum court-
imposed fine |
$2,200 |
$3,300 |
|
Maximum gaol term |
9 months |
12 months |
|
Disqualification -
minimum |
6 months |
12 months |
|
Disqualification -
maximum |
Unlimited |
Unlimited |
|
Disqualification -
in the absence of a specific court order |
12 months |
3 years |
|
Refuse a drug
test; Wilfully alter the amount of a drug in the blood or urine |
Maximum court-
imposed fine |
$3,300 |
$5,500 |
|
Maximum gaol term |
18 months |
24 months |
|
Disqualification -
minimum |
6 months |
12 months |
|
Disqualification -
maximum |
Unlimited |
Unlimited |
|
Disqualification -
in the absence of a specific court order |
3 years |
5 years |
|
Speeding offences |
Penalties |
Light
vehicles (eg cars) |
Heavy
vehicles & coaches |
|
Exceed speed limit
by more than 45 km/h
This offence also
carries 6 demerit points. |
Maximum court-
imposed fine |
$2,200 |
$3,300 |
|
Traffic
Infringement Notice |
$1,515 |
$2,275 |
|
Mandatory licence
cancellation |
At least 3 months |
At least 3 months |
|
Exceed speed limit
by over 30 km/h but not more than 45 km/h
This offence also
carries 4 demerit points. |
Maximum court-
imposed fine |
$2,200 |
$2,200 |
|
Traffic
Infringement Notice |
$549 |
$878 |
|
Mandatory licence
cancellation |
At least 1 month |
At least 1 month |
|
Unlicensed Driving Offences |
Penalties |
First
Offence |
Second or Subsequent Offence |
|
Driving whilst
disqualified, cancelled, suspended or refused |
Maximum court-
imposed fine |
$3,300 |
$5,500 |
|
Maximum gaol term |
18 months |
2 years |
|
Disqualification -
minimum |
12 months |
2 years |
|
Disqualification -
maximum |
Unlimited |
Unlimited |
|
Disqualification -
in the absence of a specific court order |
12 months |
2 years |
|
Never licensed |
Traffic
Infringement Notice |
$549 |
N/A |
|
Maximum court-
imposed fine |
$2,200 |
$3,300 |
|
Maximum gaol term |
Not applicable |
18 months |
|
Mandatory
disqualification and without any specific court order |
Court Decision |
3 years |
|
Not appropriate
licence class - Class of vehicle driven falling in class C, R,
LR or MR |
Traffic
Infringement Notice |
$351 |
$549 |
|
Not appropriate
licence class - Class of vehicle driven falling in class HR, HC,
or MC |
Traffic
Infringement Notice |
$439 |
$878 |
|
Driver held a
licence in other State or Territory but lived in NSW for 3
months |
Traffic
Infringement Notice |
$351 |
$549 |
|
Driver held a
licence that had expired less than 2 years before |
Traffic
Infringement Notice |
$351 |
$549 |
|
Driver held a
licence that had expired 2 years or more before |
Traffic
Infringement Notice |
$439 |
$878 |
|
Holder of a
provisional rider licence drives a motorcycle with engine
capacity greater than 260 ml or a power to weight ratio greater
than 150 kilowatts per tonne |
Traffic
Infringement Notice |
$351 |
$549 |
|
Other
Driving Offences |
Penalties |
First
Offence |
Second or Subsequent Offence |
|
Negligent driving
where death is occasioned |
Maximum court-
imposed fine |
$3,300 |
$5,500 |
|
Maximum gaol term |
18 months |
2 years |
|
Disqualification -
minimum |
12 months |
2 years |
|
Disqualification -
maximum |
Unlimited |
Unlimited |
|
Disqualification -
in the absence of a specific court order |
3 years |
5 years |
|
Negligent driving
where grievous bodily harm is occasioned |
Maximum court-
imposed fine |
$2,200 |
$3,300 |
|
Maximum gaol term |
9 months |
12 months |
|
Disqualification -
minimum |
12 months |
2 years |
|
Disqualification -
maximum |
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 |
Maximum court-
imposed fine |
$2,220 |
$3,300 |
|
Maximum gaol term |
9 months |
12 months |
|
Disqualification -
minimum |
12 months |
2 years |
|
Disqualification -
maximum |
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 |
Maximum court-
imposed fine |
$3,300 |
$5,500 |
|
Maximum gaol term |
18 months |
2 years |
|
Disqualification -
minimum |
12 months |
2 years |
|
Disqualification -
maximum |
Unlimited |
Unlimited |
|
Disqualification -
in the absence of a specific court order |
3 years |
5 years |
|
Other major
offences mentioned in section 25 of the Road Transport (General)
Act. |
Maximum court-
imposed fine |
As in existing
legislation |
As in existing
legislation |
|
|
Maximum gaol term |
As in existing
legislation |
As in existing
legislation |
|
|
Disqualification -
minimum |
12 months |
2 years |
|
|
Disqualification -
maximum |
Unlimited |
Unlimited |
|
|
