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Brief penalty summary

BRIEF PENALTY SUMMARY - TRAFFIC OFFENCES (as at 1 July 2019)

Description of offence Section Maximum Penalty (Fine/Imprisonment/Mandatory Licence Disqualification)
Motor Vehicles Act 1959
Drive or cause unregistered motor vehicle to stand on road s 9(1) $7500
Own unregistered motor vehicle that is driven or standing on road s 9(3) $7500
Drive unlicensed s 74(1) $1250
Drive unlicensed (never held a licence) s 74(2)

First Offence: $2500

Subsequent offence: $5000 / 1 year / disqualification 3 years [see s 74(5)]

Drive unlicensed (disqualification for serious drink driving offence) s 74(2a) $5000 / 1 year / disqualification 3 years [see s 74(5)]
Drive unlicensed (previous disqualification for certain drink or drug driving offences) s 74(2ab) $5000 / 1 year / disqualification 3 years

Drive disqualified

s 91(5)

First Offence: / 6 months

Subsequent Offence: / 2 years

Fail to produce drivers licence (within 48 hours) s 96(1) $1250
False representation to police as to being the person named in licence s 96(3) $750
Fail to produce licence to a court s 97(1) $1250
Fail to immediately produce drivers licence (probationary, provisional licence or learner’s permit) s 98AAB $1250
Drive uninsured s 102(1) $10 000
Owner of uninsured motor vehicle driven or standing on road s 102(2) $10 000
Fail to notify insurer of accident causing death or injury to a person s 124(2) $1250 / 3 months
Fail to answer questions as to identity of driver s 137 $750
Road Traffic Act 1961
Fail to stop motor vehicle at police request s 40H(5) $5000
Fail to provide personal details to police s 40V(4) $5000
Fail to stop, give assistance, and present to a police officer following involvement in an accident in which a person is killed or injured s 43(1) 5 years / disqualification not less than 1 year (but if trifling not less than 1 month) [see s 43(2)]
Misuse motor vehicle s 44B(5) Unspecified compensation may be payable
Due care s 45(1)

Aggravated offence: 12 months / disqualification not less than 6 months
Exceed a speed limit by 45 kilometres or more s 45A(1)

First Offence: not less than $1100 and not more than $1500 / disqualification not less than 6 months

Subsequent Offence: not less than $1200 and not more than $1700 / disqualification not less than 2 years

Drive recklessly or at a speed or in a manner which is dangerous s 46(1)

First Offence: 2 years / disqualification not less than 12 months

Subsequent Offence: 2 years / disqualification not less than 3 years

Driving under the influence (DUI) s 47

First Offence: not less than $1100 and not more than $1600 / or not more than 3 months / disqualification not less than 12 months (but if trifling not less than 1 month)

Subsequent Offence: not less than $1900 not more than $2900 / or not more than 6 months / disqualification not less than 3 years

Driving under the influence (DUI) while child aged under 16 present s 47(1a)

First Offence: not less than $1100 and not more than $1600 / or not more than 3 months / disqualification not less than 12 months (but if trifling not less than 1 month)

Subsequent Offence: not less than $1900 not more than $2900 / or not more than 6 months / disqualification not less than 3 years

Prescribed concentration of alcohol (PCA) s 47B(1)
Category One Offence

less than .08 grams in 100 millilitres of blood
s 47B(1)

First Offence:$1100 / disqualification not less than 3 months (but if trifling disqualification not less than 1 month)

Second Offence: $1100 / disqualification not less than 6 months

Third Offence: $1100 / disqualification not less than 9 months

Subsequent Offence: $1100 / disqualification not less than 12 months

Category Two Offence

less than .15 grams, but not less than .08 grams in 100 millilitres of blood
s 47B(1)

First Offence: not less than $900 not more than $1300 / disqualification not less than 6 months (but if trifling disqualification not less than 1 month)

Second Offence: not less than $1100 not more than $1600 / disqualification not less than 12 months

Third Offence: not less than $1500 not more than $2200 / disqualification not less than 2 years

Subsequent Offence: not less than $1500 not more than $2200 / disqualification not less than 2 years

Category Three Offence

.15 grams or more in 100 millilitres of blood
s 47B(1)

First Offence: not less than $1100 not more than $1600 / disqualification not less than 12 months but if trifling disqualification not less than 1 month

Second Offence: not less than $1600 not more than $2400 / disqualification not less than 3 years

Third Offence: not less than $1900 not more than $2900 / disqualification not less than 3 years

Subsequent Offence: not less than $1900 not more than $2900 / disqualification not less than 3 years

Prescribed concentration of alcohol (PCA) while child aged under 16 present in vehicle s 47B(1a) Same as category two and category three penalties as listed for PCA s 47B(1)
Prescribed drug present in oral fluid or blood s 47BA(1)

First Offence: (if expiated) fine of $600 / disqualification of 3 months

First Offence: (if court ordered) fine of not less than $900 not more than $1300 / disqualification not less than 6 months

Second Offence: not less than $1100 not more than $1600 / disqualification not less than 12 months

Third Offence: not less than $1500 not more than $2200 / disqualification not less than 2 years

Subsequent Offence: not less than $1500 not more than $2200/ disqualification not less than 3 years

Prescribed drug present in oral fluid or blood and while child aged under 16 present in vehicle s 47BA(1a)

First Offence: (if expiated) $803 / disqualification 3 months

First Offence: (if court ordered) not less than $900 not more than $1300 / disqualification not less than 6 months

Second Offence: not less than $1100 not more than $1600 / disqualification not less than 12 months

Third Offence: not less than $1500 not more than $2200 / disqualification not less than 2 years

Subsequent Offence: not less than $1500 not more than $2200 / disqualification not less than 3 years

Fail to submit to an alcotest or breath analysis s 47E(3)

First Offence: not less than $1100 not more than $1600 / disqualification not less than 12 months but if trifling disqualification not less than 1 month

Subsequent Offence: not less than $1900 not more than $2900 / disqualification not less than 3 years

Fail to submit to an alcotest or breath analysis where child aged under 16 present s 47E(3a)

First Offence: not less than $1100 not more than $1600 / disqualification not less than 12 months but if trifling disqualification not less than 1 month

Subsequent Offence: not less than $1900 not more than $2900 / disqualification not less than 3 years

Fail to submit or refusal to submit to drug screening test, oral fluid analysis or blood test s 47EAA (9) and (16)

First offence: not less than $900 not more than $1300 / disqualification of not less than 12 months

Subsequent Offence: not less than $1500 not more than $2200 / disqualification of not less than 3 years

Fail to submit or refuse to submit to drug screening test, oral fluid analysis or blood test while child aged under 16 present s 47EAA (9a) and (16)

First Offence: not less than $900 not more than $1300 / disqualification of not less than 12 months

Subsequent Offence: not less than $1500 not more than $2200 / disqualification of not less than 3 years

Refuse compulsory blood test 47I(14) and (14a)

First Offence: not less than $1100 not more than $1600/ disqualification of not less than 12 months

Subsequent Offence: not less than $1900 not more than $2900/ disqualification of not less than 3 years

Refuse compulsory blood test where child aged under 16 was present in vehicle 47I(7) and (14a)

First Offence: not less than $1100 not more than $1600/ disqualification of not less than 12 months

Subsequent Offence: not less than $1900 not more than $2900/ disqualification of not less than 3 years

Australian Road Rules
Fail to stop and give particulars at scene of crash Rule 287 $2500 [see Road Traffic (Road Rules - Ancillary and Miscellaneous Provisions) Regulations 2014 (SA) reg 67]
Criminal Law Consolidation Act 1935
Cause death by dangerous driving (where a motor vehicle was used in the commission the offence) s 19A(1)

Basic Offence (first offence): 15 years / disqualification for at least 10 years

Aggravated or any Subsequent Offence: imprisonment for life / disqualification for at least 10 years

Cause serious harm by dangerous driving (where a motor vehicle was used in the commission of the offence) s 19A(3)

Basic Offence (first offence): 15 years / disqualification for at least 10 years

Aggravated or any Subsequent Offence: imprisonment for life / disqualification for at least 10 years

Cause harm (but not serious harm) by dangerous driving (where a motor vehicle was used in the commission of the offence) s 19A(3)

Basic Offence (first offence): 5 years / disqualification for at least 1 year

Aggravated or any Subsequent Offence:

7 years / disqualification for at least 3 years

Drive without due care causing death and fail statutory obligations in relation to the incident s 19AB(1)

First Offence: / 15 years imprisonment / disqualification for at least 10 years

Subsequent Offence: imprisonment for life / disqualification for at least 10 years

Drive without due care causing physical harm and fail statutory obligations in relation to the incident s 19AB(2)

For serious harm:

First Offence: / 15 years imprisonment / disqualification for at least 10 years

Subsequent Offence: imprisonment for life / disqualification for at least 10 years

Not serious harm:

First Offence: / 5 years imprisonment / disqualification for at least 1 year

Subsequent Offence: / 7 years imprisonment / disqualification for at least 3 years

Dangerous driving to escape police pursuit s 19AC

Basic Offence: 3 years / disqualification for at least 2 years

Aggravated Offence: 5 years /disqualification for at least 2 years

Illegal use/interference motor vehicle s 86A

First Offence: 2 years / disqualification 12 months

Subsequent Offence: not less than 3 months and not more than 4 years / disqualification 12 months

Summary Offences Act 1953
Fail to provide personal details, or provide false and misleading information s 74A(3) $1250 / 3 months
Fail to provide, or provide false information re identity of the driver of a motor vehicle s 74AB(2) $1250 / 3 months
Brief penalty summary  :  Last Revised: Thu Aug 8th 2019