What Is Traffic Law, and How Does It Work in Australia?

According to the Bureau of Infrastructure and Transport Research Economic, there has been an increase of up to 7.3% in road accident fatalities in Australia. 1,266 people tragically lost their lives because of their own or other people’s carelessness. The growing statistics of road deaths have made the government take strict action regarding Traffic Laws in Australia.

The Australian government is committed to implementing “Vision Zero” on roads on both state and federal levels. Vision Zero means that the number of deaths and serious injuries on the roads will be zero by 2025. To fulfil this commitment, the government is taking traffic laws very seriously, and high penalties are being imposed on people who disobey the traffic laws.

Laws are made for our safety, and they must be followed to ensure the safety of ourselves and others. To comply with the laws, it is important to first understand what traffic laws are and how these laws work in Australia. I’ll provide you with guidelines to get your hands on the major concepts of traffic laws. Let’s dive into the details and become familiar with traffic laws.

History of Traffic Laws In Australia

Australian traffic laws have a long history before they started to be implemented in Australia. In 1947 the first serious attempt was made to establish National Road Rules by the Australian Transport Advisory Council, which consisted of the Australian transport ministers. In 1958 the first version of the National Traffic Code was published and the last version was issued in 1988. 

Although these traffic codes were not implemented all across the country uniformly. To rectify this non-uniformity the secretary of the department of interior, Richard Kingsland, called the 13th meeting of the Australian Road Traffic Committee in 1963. The Australian Transport Advisory Council prepared recommendations in 1965 for a nationwide standard to consider by the states.

In the early 1990’s the Australian Road Rules project was compiled to set model road rules that can be adopted all across Australia and can be implemented in the local laws of the states and territories. The Australian Road Rules project was passed to the National Road Transport Commission in 1995 for consistent implementation. 

The National Road Transport Commission submitted the final drafts of road rules in January 1999. Australia’s transport ministers of the Australian Transport Council voted for the approval of the final draft which was later on applicable to all the territories except western Australia. On 19th October 1999, the first edition of the rules was published and was adopted by the territories and states in December 1999.

Types of Traffic Laws Offences In Australia

Traffic laws cover an extensive range of matters related to the safety and maintenance of road rules. Some major traffic law offences include.

• Driving Under The Influence
• Unlicensed Driving
• Over Speeding
• Careless Driving
• Hooning Offences
• Dangerous Driving – Causing Death or Serious Injury

Therefore, “Traffic law is all about the rules that tell drivers, walkers, and everyone else how to act on the road to stay safe and avoid accidents.” These laws are made to keep in mind the safety on the roads. Let’s explore each of the above mentioned offences in detail:

1. Driving Under The Influence

ROAD TRANSPORT ACT 2013 – SECT 4 states that:

“(1) In this Act–

“alcohol or other drug-related driving offence” means an offence that–

(a) involves the presence of alcohol in a person’s breath or blood or the presence of a drug (other than alcohol) in a person’s oral fluid, blood or urine, and

(b) is prescribed by the statutory rules.”

Driving while your body is under the influence of alcohol or any other substances can hinder your ability to control the vehicle. There are strict laws in Australia to prevent drivers from drunk driving as it can put the driver as well as other people in danger. Blood Alcohol Concentration tests(BAC) are done on the drivers by police at any point while driving to check their alcohol level. 

A BAC of 0.05% is considered an offence of the traffic laws with this level of alcohol in blood a driver is putting himself and other people’s lives in danger. In some cases the legal limit of BAC is zero, for example; if you are a novice driver, a taxi driver, a bus driver carrying more than 12 adults at a time, and a recent traffic law offender. A first-time offender of drunk driving can face imprisonment for nine months or a fine of up to $2,400 or both.

2. Unlicensed Driving

A driving licence ensures that you qualify to drive a vehicle. Moreover, a driving licence indicates your freedom as you can move anywhere without waiting in lines for public transport. Driving without a licence is against the law in Australia. If you are convicted of the offence of driving without a licence you may have to appear in court and you can face imprisonment up to 1 year or the court may impose a heavy fine on you.

There must be several reasons that you don’t have a valid licence which include, expired driving licence, medical disqualification, offender of drinking and driving, high demerit points, suspension of your driving licence by State Penalties Enforcement Registry (SPER), or repeated passenger transport offence. You must resolve your issues to sustain or renew your licence for safe driving. 

3. Over Speeding

According to ROAD TRAFFIC ACT 1961 – SECT 45A “(1) A person who drives a vehicle at a speed exceeding by 45 kilometres an hour or more, a relevant speed limit is guilty of an offence.” Over speeding has been observed as an increasing problem over the last 12 months in Australia. In cases of over speeding, the rate of death recorded was 48% drivers, 20% motorcyclists, 16% passengers, and 12.5% pedestrians.

The Australian government has strict penalties against traffic law offenders. The penalty for a basic violation of speeding rules is a $3,000 to $5000 fine but in case of aggravated offence you may face up to two years imprisonment or a heavy fine and in some cases, you will pay a fine as well as face imprisonment. If you are convicted of speeding you must contact a qualified and competent law firm to handle your case so that you can save yourself from strict penalties and licence suspension.

4. Careless Driving

Driving a vehicle without due care can be dangerous and is a punishable offence in Australia. Careless driving can be fatal or cause grievous injuries to the driver and other people on the road. The driver may face a licence suspension or imprisonment over the repetitive offence of careless driving.

According to the ROAD SAFETY ACT 1986 – SECT 65 the penalties for careless driving is:

• For a first offence, 6 penalty units;
• For a subsequent offence, 12 penalty units.

5. Hooning Offences

Hooning refers to any antisocial behaviour in motor vehicles including cars, vans, and motorbikes. These behaviours include street racing, speeding, playing music from car stereo, and burnouts. If you are convicted by the police of a hooning offence they can give you an infringement notice immediately or immobilise your vehicle for 48 hours.

It is also illegal in every state to organize, conduct, or watch drag races or speed trials without permission. Therefore, hooning charges are not limited to drivers; individuals who accompany for entertainment purposes may also face charges related to hooning. 

6. Dangerous Driving – Causing Death or Serious Injury

According to the CRIMES ACT 1958 – SECT 319  (S. 319(1) amended by No. 7/2008 s. 5(1). (1) A person who, by driving a motor vehicle at speed or in a manner that is dangerous to the public having regard to all the circumstances of the case, causes the death of another person is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

Keeping in view the penalties for dangerous driving all the individuals need to comply with the traffic rules to stay safe. Moreover, even if the court doesn’t find enough evidence against you but the prosecution proves that you have knowingly put yourself as well as other people at risk of serious injuries by reckless driving, you will face the penalties.

How Does Traffic Laws Work In Australia?

Dealing with traffic offences usually starts with getting a traffic ticket, called a traffic infringement notice (TIN). You have 28 days to pay the fine. If you pay it, you won’t have to go to court or get a conviction, but you’ll still get demerit points on your license.

If you forget to pay, you’ll get a reminder notice. But don’t worry, you still have time to pay before things get serious. If you’re having trouble paying, you might be able to set up a payment plan. If you think there’s been a mistake or you can’t pay, you can try to sort it out. You could write to the people who gave you the ticket or ask for a review. But if you’re sure you didn’t do anything wrong, you can go to court.

Going to court means you have to deal with a bit more paperwork, but you have choices. You can admit you’re guilty without going to court or show up and explain your side. Just remember, if things get serious, you’ll have a chance to defend yourself. If you’re not sure what to do, you can ask for help from a law firm that specialises in traffic laws.

Significance of Traffic Laws In Australia

Traffic laws are made to protect people from road accidents and serious injuries but most drivers do not take these laws seriously and face grievous consequences. The significance of the traffic laws must be understood by the drivers to reduce accidents and injuries by controlling the speed limit, following the sign and, BAC.

Moreover, traffic laws aren’t set in stone. They are reviewed and updated after a specific period to ensure that these laws are fulfilling the protection and safety requirements of the citizens. Moreover, these updates keep in view the condition of roads, advancements in technology, and new safety research. By taking these actions the government makes sure the laws are effective, keeping pace with the changes, and also addressing all of the new emerging challenges.

Closing Insights

Traffic laws are essential for multiple reasons. These laws promote safety by preventing drivers, motorcyclists, pedestrians, and all other road users from accidents. These laws are equally applicable to all individuals to ensure fairness and equality. They educate the drivers and promote responsible behaviours and there are legal consequences for those who break the laws. So, keep these laws in mind whenever you are on the road to keep yourself and others safe.

If you are convicted of disobeying traffic laws you might land in legal trouble and it is best to reach out to a lawyer when you have to deal with situations legally. Aussie Legal Partners has a team of professional and dedicated traffic lawyers to help you manage your legal troubles. Proper guidance and understanding of the law will get you through the situation smoothly. Book your first free consultation now and collaborate with Aussie lawyers to get the results you desire.