At least a few times a year I receive a panicked call from a truck driver who’s been caught out by changed traffic conditions or a new camera. They receive multiple penalty notices arriving in the mail within a couple of days. Quickly the points add up, and even drivers with otherwise exemplary records can find themselves out of demerit points and facing a suspension.
I’ve seen an increase in this lately around Sydney with additional cameras installed to enforce the minimum distance between trucks in Safe-t-Cam zones, the seatbelt cameras and several new speed cameras combined with lowered speed limits in some sections of the Sydney tunnels.
The frustrating thing with this situation is that the delay between the offences and the fines arriving means the driver doesn’t have a chance to correct their behaviour. All of the offences have happened before the first notice arrives.
If you find yourself in this situation, there are still options to save your licence. Below are the main options to address this situation if you’re in NSW.
Firstly, you can request a review through Revenue NSW. If you meet their criteria, Revenue NSW may agree to issue a caution. Revenue NSW does have strict guidelines that they follow when deciding whether to issue a caution. You can read these on their website to help decide if this is a good option in your case. Given it is a low risk option, it’s often a good starting point.
If Revenue NSW won’t withdraw the fines, your next option is to take the fines to court. If you agree that you committed the offences, you can still plead guilty and request leniency. The magistrate will give you the opportunity to explain the situation. They’ll consider a range of factors including your previous driving record and the circumstances around the offences.
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Many magistrates are sympathetic to this situation where multiple fines have arrived before the person has a chance to correct the situation. In these circumstances, they will sometimes agree not to record a conviction for some of the offences, meaning the driver doesn’t receive a fine or demerit points for those offences. This can be one way of still paying a fine in recognition of having broken the road rules, but still keeping you under your demerit point limit.
It’s really important to speak to a lawyer before you take your case to court. There are some risks of taking a traffic fine to court, including receiving a criminal conviction, an increased fine, court costs and losing your driver’s licence. The chances of winning the case also vary depending on your personal circumstances and which courthouse the case will be heard. It’s important to understand your chances and the pros and cons before making your decision.
Finally, if you’re ultimately not able to avoid the demerit points, you may still have options to avoid the suspension. In NSW, professional drivers with unrestricted driver’s licences can be eligible for an extra demerit point. Unrestricted licence holders will also usually be offered the option to go on a ‘good behaviour licence’ for 12 months instead of serving the suspension. These can be good back up options to keep you on the road.
As always, keep in mind that this is general information about options. It’s important to get legal advice tailored to your situation. If you do find yourself with multiple fines, our team at Ainsley Law are always happy to help you understand your options.
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