10 common traffic fines: South Australian traffic lawyers explain what they mean.

South Australians know speeding fines (and other driving penalties) come with a hefty price tag and big demerit points. But what can – and can’t – you do? We’ve outlined 10 types of common traffic offences and their penalties under South Australian law.

Some road users may be surprised to learn that their bad habit or occasional mistake on the road is actually an offence with a substantial penalty. If you’ve received a fine and you’re looking for information from South Australian traffic lawyers who know what they’re talking about, jump to the relevant section. Or, if you just want a refresher, take a read of this article to make sure you don’t get any of these hefty traffic fines:

1. Speeding and hoon driving offences and penalties
2. Alcohol and drugs offences and penalties
3. Seatbelt offences and penalties
4. Mobile phone offences and penalties
5. Red lights and signs offences and penalties
6. Accidents offences and penalties
7. Giving way, turning and lane behaviour offences and penaltiesLicence offences and penalties
8. Lights offences and penalties
9. Other vehicles and road users offences and penalties

1. Speeding and hoon driving offences and penalties

All road users know that it’s an offence to drive above the prescribed speed limit. Speeding fine amounts and demerit points lost depend on how many kilometres per hour (km/hr) the driver exceeded the speed limit by, and the type of vehicle they were driving.

For people driving cars, the South Australian speeding fines and penalties are as follows:

• Less than 10 km/hr: $187.00 and 2 demerit points
• 10–19km/hr: $422.00 and 3 demerit points
• 20–29km/hr: $858.00 and 5 demerit points
• 30–44 km/hr: $1,560.00 and 7 demerit points
• 45km/hr or more: $1,756.00, 9 demerit points, automatic loss of licence for six months and possibly clamping or impounding of the offender’s vehicle

In addition to speeding, there are other ‘hoon driving’ offences (and traffic fines). In South Australia, misusing a motor vehicle will result in the loss of 4 demerit points, while driving recklessly or at a speed, or in a manner dangerous to the public will result in the loss of six demerit points.

Both charges will additionally result in a fine imposed by the court, and police may clamp or impound the offender’s vehicle.

2. Alcohol and drugs offences and penalties

It’s an offence to drive under the influence of drugs or alcohol. What’s the drink drive limit in South Australia? Drivers can have up to a 0.049 blood alcohol concentration (BAC) without committing an offence. If a driver has more than 0.049 BAC, the driver will have committed an offence. The penalty depends on the amount of the substance detected in the driver’s blood.

For drug offences, the mere presence of the drug in the driver’s system after a drug driving test in South Australia is enough to constitute an offence and will attract a penalty. The penalties for first time offences are as follows:

• Driving with a BAC of 0.05–0.079: $771.00 fine, four demerit points and possibly clamping or impounding of the vehicle.
• Driving with a BAC of 0.08–0.149: Fine of $900.00–$1,300.00, five demerit points, immediate six month loss of licence, and possibly clamping or impounding of the vehicle.
• Driving with a BAC of 0.15+: Fine of $1,100.00–$1,600.00, six demerit points, immediate 12 month loss of licence, and possibly clamping or impounding of the vehicle.
• Driving with methamphetamine, THC or MDMA in saliva or blood: $771.00 fine, four demerit points and possibly clamping or impounding of the vehicle.
• Driving under the influence of alcohol or drugs: Fine of $1,100.00–$1,600.00, six demerit points, alcohol interlock being fitted to vehicle (for alcohol offences) and possibly clamping or impounding of the vehicle.

Drivers should also be aware that multiple alcohol or drug-related driving charges result in increasing penalties, and an alcohol interlock being fitted in their vehicle following their period of disqualification.

It’s also an offence to refuse to take an alcotest, breath test, drug screening test or blood test. Refusing a drink or drug driving test in South Australia will attract a fine of $1,100.00–$1,600.00 and the loss of 6 demerit point


Need help from a local South Australian traffic lawyer that understands how important it is for you to keep your licence? Send us a message, and we’ll see how we can help you. When experience matters, people come to Johnston Withers Lawyers.

3. Seatbelt offences and penalties

For persons aged 16 years or over, it’s an offence to not wear a seatbelt when travelling in a motor vehicle, regardless of whether you’re the driver or a passenger. If you’re caught, the fine for not wearing a seatbelt is $403.00 and the loss of three demerit points.

Similarly, drivers of vehicles must make sure that a person or persons under 16 travelling in their vehicle are wearing their seatbelt(s) or approved child restraint(s). There are strict car seat laws in South Australia to protect children. Failing to do this will result in either a $403.00 fine and loss of 3 demerit points (if there is one person not properly restrained), or a $476.00 fine and loss of 5 demerit points (if there is more than one person).

4. Mobile phone offences and penalties

There are large penalties for driving while on a mobile phone, or for using one while driving. The fine for using a mobile phone while driving is $565.00, and you’ll also lose 3 demerit points. Can a driver be fined for their passenger using a phone? This one surprises a lot of drivers; in some circumstances, the answer is yes. If the display of a passenger’s phone is visible to the driver, the driver will be fined and have to pay a victims of crime levy, but won’t lose any demerit points.

5. Red lights and signs offences and penalties

From disobeying road signs to hefty red light fines, South Australian traffic laws exist to protect all road users, and disobeying them can lead to steep fines and licence demerit points. How many demerit points will I lose for red light infractions? What is the fine for an illegal U-turn? We’re asked questions like this all the time, and there are various penalties for disobeying traffic lights and signs, and we’ve listed some of the most common ones below:

• Running a red light: $515.00 fine and three demerit points
• Disobeying a stop or give way sign: $476.00 fine and three demerit points
• Disobeying a no U-turn sign: $404.00 fine and two demerit points

Have you received a red light camera fine in South Australia and want to dispute it? Our expert team is here to help. Send us a message, and we’ll be in touch with more information specific to your situation.

6. Accidents offences and penalties

What’s the fine for leaving the scene of an accident? This is a serious offence; if a driver fails to stop and assist after being involved in a motor vehicle accident which causes injury or death, they’ll lose five demerit points and be liable for a court imposed penalty. We recommend seeking professional legal advice if you are fined with leaving the scene of an accident.

7. Giving way, turning and lane behaviour offences and penalties

Drivers may commit an offence by improperly performing some everyday driving behaviours. Did you know that you can be fined for driving in the wrong lane? Even if you’re in a hurry, it’s not just rude; hefty failing-to-give-way fines exist for drivers that make some common driving offences that many people don’t even realise are actually illegal, especially if they’ve held a licence for many years – even roundabout rules in SA have changed over the years, but not knowing them isn’t an excuse in the eyes of the law.

Here are some common offences and penalties you should know about:

Turning

• Failing to keep left when turning: $359.00 fine and two demerit points
• Failing to indicate left before turning: $352.00 fine and two demerit points

Failing to Give Way

• To pedestrians, at a crossing with lights: $453.00 fine and three demerit points
• When entering a roundabout: $476.00 fine and three demerit points
• Failing to move out of an emergency vehicle’s path: $476.00 fine and three demerit points
  

Lanes

• Failing to drive in the direction indicated by lane arrows: $404.00 fine and three demerit points
• Driving in a bicycle lane: $296.00 fine
  

Tailgating

• Failing to keep a safe distance behind another vehicle: $372.00 fine and 1 demerit point
• Failing to keep the minimum distance behind a long vehicle: $270.00 fine and 1 demerit point
  

Crossings

• Failing to stop at a children’s crossing: $476.00 fine and 3 demerit points
• Failing to stop at a level crossing: $515.00 fine and 3 demerit points

8. Licence offences and penalties

Driving without a valid licence will attract up to a $1,250 fine. This penalty will be greater if the person has never held a licence, or is driving while disqualified following certain drink or drug driving offences.

Have you received a penalty for driving with an expired licence but need to dispute it because you’re worried this will affect your job? Get in touch with us today.

9. Lights offences and penalties

It’s not just dangerous: did you know you can be fined for driving without lights on? Drivers may get a $270 fine and lose one demerit point for driving at night or in hazardous conditions without their lights on. The fine also applies to using fog lights when not permitted.

10. Other vehicles and road users offences and penalties

Truck and bus drivers

There are additional offences for speeding or failing to use a low gear, which apply specifically to drivers of trucks and buses. These offences all attract a fine and a loss of demerit points.

Motorcyclists

Motorcyclists must wear a helmet and can only ride with one pillion passenger or they’ll be committing an offence. Penalties for these offences vary.

Cyclists

Cyclists can face penalties if they overtake a turning vehicle in certain circumstances, ride while holding onto a motor vehicle, ride without a helmet, ride without lights at night or in hazardous weather conditions, or proceed when bicycle crossing lights change. Penalties for these offences generally involve a fine rather than a loss of demerit points. What’s the fine for not wearing a bike helmet? Expect a penalty of $115.

Pedestrians

Pedestrians should be aware of offences relating to proper use of road crossings, use of footpaths or causing traffic hazards. Penalties for pedestrians are generally $54 fines.

Do you want to challenge one of these traffic fines? Our South Australian traffic lawyers are experts, and we can help.

If you’ve been charged with one or more of the above offences and want to challenge or defend it, we can help. Johnston Withers lawyers have a wealth of experience assisting clients with traffic offences and traffic fines in South Australia. For traffic lawyers who are experienced in defending and challenging all of the offences discussed above, and more, reach out to our friendly team.

Johnston Withers has been helping South Australian families, individuals, businesses and communities for over 75 years and understands that traffic penalties can have a serious impact on people’s livelihoods.

If you’d like advice on traffic fines in South Australia, or traffic lawyers for representation in the courts please contact Nic Kernahan on (08) 8231 1110, or get in touch online.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.