Minor traffic offences are generally those offences which do not carry a penalty of imprisonment. Such offences can either be dealt with by court proceedings or, if the offender has been issued with a traffic infringement notice (often referred to as a TIN) by payment of a fine. The Expiation of Offences Act 1996 (SA) governs the issue of expiation fees. The Fines Enforcement and Debt Recovery Act 2017 (SA) governs the payment and enforcement of expiation fees. A person has 28 days from (and including) the date of issue of an expiation notice to pay the expiation fee [see Expiation of Offences Act 1996 (SA) s 6(1)(c)]. The offence is expiated upon payment of the fee, making the alleged offender no longer liable for prosecution for that offence [see s 15]. There is no court appearance and no conviction recorded, but the offence will incur demerit points.

Payment of the expiation fee is not an admission of guilt or civil liability and it cannot be considered evidence of such [see s 15(4)]. Furthermore, the expiation of an offence cannot be referred to in any future reports assisting a court to determine sentence for any other offence [see s 15(4)(c)].

When an expiation notice remains unpaid after the due date, unless the person has elected to be prosecuted (see below) they will automatically be found guilty of the offence. If a person does not pay the traffic infringement fine within 28 days or enter into an arrangement under section 20 of the Fines Enforcement and Debt Recovery Act 2017 (SA), an expiation reminder notice is sent to the person [see Expiation of Offences Act 1996 s 11]. No further enforcement action can take place until 14 clear days after the date of the reminder notice [see Fines Enforcement and Debt Recovery Act 2017 (SA) s 22(3)(a)(i)]. A reminder notice fee is added to the original traffic infringement fine [see Expiation of Offences Act 1996 (SA) s 11(3)].

If payment of the traffic infringement fine and reminder notice fee is not made within the 14 day period and the person has not entered into an agreement under section 20 of the Fines Enforcement and Debt Recovery Act 2017 (SA), or has not lodged an election to be prosecuted, an enforcement determination may be made [see Fines Enforcement and Debt Recovery Act 2017 (SA) s 22; Courts and Jurisdiction chapter].

Upon an enforcement determination being made:

Where an alleged offender is unable to pay the traffic infringement in full by the due date, they have the option of entering into a payment arrangement under section 20 of the Fines Enforcement and Debt Recovery Act 2017 (SA) at any time before the payment deadline. It is not necessary to demonstrate hardship to be eligible for this option.

Payment arrangement options available under section 20 include:

Where the Chief Recovery Officer is satisfied that the debtor does not have, and it not likely to have, the means to satisfy the amount due without them or their dependants suffering hardship, they may agree to:

If the debtor complies with a requirement to perform community service, the monetary amount owing must be reduced in accordance with the regulations [see s 20(13)].

If the debtor completes or substantially completes a treatment program pursuant to an agreement with the Chief Recovery Officer, the monetary amount owing must be waived in part or in whole [see s 20(14)].

In relation to traffic infringement notice s, the alleged offender may elect to be prosecuted for the offence on the infringement notice, in which case court proceedings will commence [see Expiation of Offences Act 1996 ss 6(k) and 8].

Prosecution for traffic offences which are summary offences, and not punishable by imprisonment (for a first or subsequent offence), may be commenced by the issue of a summons on a Form 5 in accordance with the Criminal Procedure Act 1921 (SA) s 57A, or an information and summons on a Form 3 in accordance with the Criminal Procedure Act 1921 (SA) sections 49 and 57 [see Criminal Procedure Act 1921 (SA) s 57A(1)].

Defendants who wish to plead not guilty, simply attend court, either personally or through a lawyer, on the day shown on the summons.

On this form of summons (or information and summons) as outlined above, the defendant can enter a written plea of guilty and not attend court [see Criminal Procedure Act 1921(SA) ss 57A(3)]. A defendant can enter a guilty plea by indicating on the summons a wish to plead guilty to the charge(s), and may also enter in writing any details he or she would like the court to take into account when fixing the penalty. The form must be signed in front of a solicitor, a justice of the peace or a police officer, and returned to the court not less than 7 days before the date set for the hearing [Joint Criminal Rules 2022 (SA) r 70.2, Form 51 Written Guilty Plea]. A defendant can apply to withdraw his or her plea of guilty at any time before the hearing and determination of the information[see s 62B(5)].

The Court will permit a solicitor to enter a guilty plea to many traffic offences, including drink driving matters, on behalf of an absent client. In such an instance the solicitor should immediately notify his or her client of the outcome, particularly the commencement and length of any licence disqualification period, and follow up this advice with a letter of confirmation.

Where a defendant does not return the form indicating a wish to plead guilty, and fails to attend court on the date set for the hearing, the court may issue a warrant and adjourn the hearing until the defendant is apprehended, or, upon proof the summons was served a reasonable time before the hearing, proceed in the absence of the defendant to hear the information and adjudicate the matter [see Criminal Procedure Act 1921 (SA) ss 27C, 57A(4), 62(1)(a), 62(1)(b) and 62BA].

Upon conviction, the court must not impose any penalty other than a fine, impose licence disqualification, treat the offence as other than a first offence (unless proved the defendant has previously been convicted) or order the defendant to pay compensation of an amount exceeding that in the information, unless the summons was given personally to the defendant or the court first adjourns the hearing and the defendant is personally notified of the conviction, the adjourned hearing and the provisions for setting aside the conviction, and does not apply for it to be set aside [see Criminal Procedure Act 1921 s 27C(3)]. The Registrar must notify a defendant of any conviction and penalty imposed in their absence [see ss 27C(3)(4) and (5)].

Where a defendant has indicated a wish to plead guilty on the summons (or information and summons), the court may proceed to convict and sentence the defendant in his or her absence on the hearing date [see Criminal Procedure Act 1921 (SA) s 62B(2); s 62B(4) for the role of prosecutor at the hearing].

However, where a defendant has stated facts in the form which indicate that he or she has a valid defence, or which differ substantially in relevant particulars from the matters recited to the court by the prosecutor, the court may strike out the plea of guilty, adjourn the hearing of the information, and order that the defendant be served with a summons whereupon the provisions of section 57A no longer apply [see ss 62B(6) and 57].

Further, a defendant is able to withdraw a plea of guilty at any time prior to the hearing and determination of the information [see s 62B(5)].

Upon conviction, a court may not impose any sentence of imprisonment or licence disqualification (unless the procedure in 62C is followed (see below)), treat the offence as other than a first offence (unless proved the defendant has previously been convicted) or order the defendant to pay witness fees [see s 62B(7)]. The defendant must be notified of the conviction forthwith by post or in person, and advised of any fine or other monetary sum required to be paid [see s 62B(8)].

Licence disqualification

The court may not impose a licence disqualification unless the summons was given personally to the defendant or the court first adjourns the hearing to notify the defendant of the defendant’s right to be heard at the adjourned hearing [see Criminal Procedure Act 1921 (SA) s 62C(1)(a)(i)].

Imprisonment

The court must not impose a term of imprisonment unless the court first adjourns the hearing to notify the defendant of the defendant’s right to be heard on the question of penalty at the adjourned hearing [see Criminal Procedure Act 1921 (SA) s 62C(1)(b); s 62C(2) for notification of adjournment]. Upon further proceedings (whether or not the defendant appears) the court may order imprisonment or a licence disqualification, or both [see s 62C(3) where the defendant fails to attend, proof of service must be established; s 62C(4) where it is found that the Registrar was unable to notify the defendant, having made due enquiry and exercised reasonable diligence, the court may proceed in the defendant’s absence].