Receiving a red light camera fine can feel automatic and final, but it doesn’t have to be. With a significant fine and demerit points threatening your licence, it’s crucial to understand your options.
You have 28 days from the date the notice is issued to decide what to do.
Try it outThese are the numbers the law sets. What happens in your matter depends on your record and your circumstances, and a solicitor at Daoud Legal - Criminal Defence reviews every matter.
In NSW, a red light camera offence is a strict liability traffic offence governed by the Road Rules 2014 (NSW). This means the prosecution only needs to prove that your vehicle crossed the white stop line after the traffic light turned red, not that you intended to do so.
Receiving an infringement notice for running a red light can have immediate and serious consequences for your fine history and driver’s licence.
How the cameras work. In NSW, these cameras are connected to sensors embedded in the road surface. A camera is triggered to take two photographs only when a vehicle crosses the white stop line more than 0.3 seconds after the traffic light has turned red. The first image shows your vehicle at the stop line, and the second, taken moments later, is designed to show you proceeding through the intersection.
While the law presumes these camera systems are accurate, they are not infallible. Technical errors, incorrect calibration, or issues with the camera’s operation can lead to a flawed or wrongly issued fine.
Being caught by a red light camera will result in a significant fine and the loss of 3 demerit points. This penalty increases to 4 demerit points if the offence occurs in a school zone, and double demerits apply during holiday periods.
If the loss of 3 or 4 demerit points causes you to exceed your demerit point limit, Transport for NSW will issue a licence suspension.
A red light camera infringement notice is a traffic offence, not a criminal one, and paying the fine does not result in a criminal record. However, if you elect to go to court and are convicted by a magistrate, it will be recorded on your traffic history.
Strict time limits apply. You generally have 28 days from the date the penalty notice is issued to either pay the fine, nominate another driver, or elect to have the matter decided in court.
Paying the fine means you accept guilt for the offence. The fine amount will be debited, and the corresponding demerit points will be deducted from your licence, which could trigger a suspension.
If you were not the driver, you must nominate the person who was driving by completing the statutory declaration form provided with the infringement notice and submitting it to Revenue NSW. It is a serious offence to make a false nomination.
Before electing to go to court, you can request an internal review from Revenue NSW if you believe there was a mistake or if you have extenuating circumstances that explain why the offence occurred.
You can elect to have the matter heard in court, either to plead ‘not guilty’ and defend the charge, or to plead guilty and seek leniency from the magistrate.
Even if you accept that you committed the traffic offence, it doesn’t mean you have to accept the full penalty. Pleading guilty and asking a magistrate for leniency can be a powerful strategy to avoid the loss of demerit points and a heavy fine. This is especially critical if accumulating more points will result in a licence suspension.
A persuasive leniency plea highlights your good driving history, your need for a licence for work or family commitments, and any other extenuating circumstances.
If the court grants a Section 10 dismissal or a Conditional Release Order, you are found guilty but no conviction is recorded, and you do not receive a fine or lose any demerit points.
If you believe you did not commit the offence, you have the right to plead ‘not guilty’ and have the matter heard in court. To secure a conviction, the prosecution must prove every element of the red light camera offence beyond a reasonable doubt. A defence may be based on:
Talk it through with us. A short conversation works out whether yours is a matter you can run yourself, and a solicitor at Daoud Legal - Criminal Defence reviews every matter before anything goes near a courtroom.
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