BRIEF PENALTY SUMMARY - TRAFFIC OFFENCES (as at January 2024) | ||
|---|---|---|
| Description of offence | Section | Maximum Penalty (Fine/Imprisonment/Mandatory Licence Disqualification) |
| Drive or cause unregistered motor vehicle to stand on road | s 9(1) | $7,500 |
| Own unregistered motor vehicle that is driven or standing on road | s 9(3) | $7,500 |
| Drive unlicensed | s 74(1) | $1,250 |
| Drive unlicensed (never held a licence) | s 74(2) |
First Offence: $2,500 Subsequent offence: $5,000 / 1 year / disqualification 3 years [see s 74(5)] |
| Drive unlicensed (disqualification for serious drink driving offence) | s 74(2a) | $5,000 / 1 year / disqualification 3 years [see s 74(5)] |
| Drive unlicensed (previous disqualification for certain drink or drug driving offences) | s 74(2ab) | $5,000 / 1 year / disqualification 3 years |
| Instant loss of licence (pursuant to s 47IAA of the Road Traffic Act 1961 (SA)) | s 81D(2) |
Disqualification where instant loss of licence
Disqualification where no instant loss of licence
|
Drive disqualified pursuant to s 38 of the Fines Enforcement and Debt Recovery Act 2017 (SA) |
s 91(5) |
First Offence: 6 months' imprisonment Subsequent Offence: 2 years' imprisonment |
| Drive disqualified for all other offences | s 91(5a) |
First Offence: 12 months' imprisonment Subsequent Offence: 3 years' imprisonment |
| Fail to produce driver's licence within 48 hours | s 96(1) | $1,250 |
| 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) | $1,250 |
| Fail to immediately produce driver's licence (probationary, provisional licence or learner’s permit) | s 98AAB | $1,250 |
| 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) | $1,250 / 3 months |
| Fail to answer questions as to identity of driver | s 137 | $750 |
| Fail to stop motor vehicle at police request | s 40H(5) | $5,000 |
| Fail to provide personal details to police | s 40V(4) | $5,000 |
| 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 |
| Driving ultra high powered vehicle with disabled automated intervention system | s 44C(1) | $5,000 |
| Careless driving (driving without due care) | s 45(1) |
Aggravated offence: 12 months / disqualification not less than 6 months (unless aggravating circumstances are cause harm only) |
| Excessive speed (Exceed speed limit by 45 kilometres or more) | s 45A(1) |
First offence - basic: not less than $3,000 and not more than $5,000 / disqualification not less than 6 months Aggravated first offence, or subsequent offence: up to 2 years' imprisonment / disqualification not less than 2 years |
| Drive recklessly or at a speed or in a manner which is dangerous | s 46(1) |
First Offence: $5,000 / 2 years imprisonment / disqualification not less than 12 months Subsequent Offence: 3 years imprisonment / disqualification not less than 3 years |
| Driving under the influence (DUI) | s 47 |
First Offence: not less than $1,100 and not more than $1,600 / 3 months' imprisonment / disqualification not less than 12 months (but if trifling not less than 1 month) Subsequent Offence: not less than $1,900 not more than $2,900 / 6 months' imprisonment / 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 $1,100 and not more than $1,600 / 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 $1,900 not more than $2,900 / or not more than 6 months / disqualification not less than 3 years |
| Prescribed concentration of alcohol (PCA) | s 47B(1) | |
| Category One Offence
0.05 - 0.079 grams in 100 millilitres of blood |
s 47B(1) |
First Offence: (if expiated) fine of $824 (as at 11 September 2023) First Offence:$1,100 / disqualification not less than 3 months (but if trifling, disqualification not less than 1 month) Second Offence: $1,100 / disqualification not less than 6 months Third Offence: $1,100 / disqualification not less than 9 months Subsequent Offence: $1,100 / disqualification not less than 12 months |
| Category Two Offence
0.08 - 0.149 grams in 100 millilitres of blood |
s 47B(1) |
First Offence: not less than $900 not more than $1,300 / disqualification not less than 6 months (but if trifling, disqualification not less than 1 month) Second Offence: not less than $1,100 not more than $1,600 / disqualification not less than 12 months Third Offence: not less than $1,500 not more than $2,200 / disqualification not less than 2 years Subsequent Offence: not less than $1,500 not more than $2,200 / disqualification not less than 2 years |
| Category Three Offence
0.15 grams or more in 100 millilitres of blood |
s 47B(1) |
First Offence: not less than $1,100 not more than $1,600 / disqualification not less than 12 months but if trifling disqualification not less than 1 month Second Offence: not less than $1,600 not more than $2,400 / disqualification not less than 3 years Third Offence: not less than $1,900 not more than $2,900 / disqualification not less than 3 years Subsequent Offence: not less than $1,900 not more than $2,900 / 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 $824 (as at 11 September 2023) / disqualification of 3 months First Offence: (if court ordered) fine of not less than $900 not more than $1,300 / disqualification not less than 6 months Second Offence: not less than $1,100 not more than $1,600 / disqualification not less than 12 months Third Offence: not less than $1, 500 not more than $2, 200 / disqualification not less than 2 years Subsequent Offence: not less than $1, 500 not more than $2, 200/ 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) $824 (as at 11 September 2023) / disqualification 3 months First Offence: (if court ordered) not less than $900 not more than $1, 300 / disqualification not less than 6 months Second Offence: not less than $1,100 not more than $1,600 / disqualification not less than 12 months Third Offence: not less than $1,500 not more than $2,200 / disqualification not less than 2 years Subsequent Offence: not less than $1,500 not more than $2,200 / disqualification not less than 3 years |
| Fail to submit to an alcotest or breath analysis | s 47E(3) |
First Offence: not less than $1,100 not more than $1,600 / disqualification not less than 12 months but if trifling disqualification not less than 1 month Subsequent Offence: not less than $1,900 not more than $2,900 / 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 $1,100 not more than $1,600 / disqualification not less than 12 months but if trifling disqualification not less than 1 month Subsequent Offence: not less than $1,900 not more than $2,900 / 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 $1,300 / disqualification of not less than 12 months Subsequent Offence: not less than $1,500 not more than $2,200 / 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 $1,300 / disqualification of not less than 12 months Subsequent Offence: not less than $1,500 not more than $2,200 / disqualification of not less than 3 years |
| Refuse compulsory blood test | 47I(14) and (14a) |
First Offence: not less than $1,100 not more than $1,600/ disqualification of not less than 12 months Subsequent Offence: not less than $1,900 not more than $2,900/ 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 $1,100 not more than $1,600/ disqualification of not less than 12 months Subsequent Offence: not less than $1,900 not more than $2,900/ disqualification of not less than 3 years |
| Fail to stop and give particulars at scene of crash | Rule 287 | $2,500 [see Road Traffic (Road Rules - Ancillary and Miscellaneous Provisions) Regulations 2014 (SA) reg 67] |
| 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 |
Leaving accident scene after causing death by careless use of vehicle |
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 |
Leaving accident scene after causing physical harm by careless use of vehicle |
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 |
| Cause death by careless use of vehicle | s 19ABA(1) |
Basic Offence: 5 years' imprisonment / disqualification for at least 1 year Aggravated Offence: 7 years' imprisonment / disqualification for at least 3 years |
| Cause serious harm by careless use of vehicle | s 19ABA(2) |
Basic Offence: 5 years' imprisonment / disqualification for at least 1 year Aggravated Offence: 7 years' imprisonment / disqualification for at least 3 years |
| Dangerous driving to escape police pursuit | s 19AC |
Basic Offence: 3 years' imprisonment / disqualification for at least 2 years Aggravated Offence: 5 years' imprisonment /disqualification for at least 2 years |
| Extreme speed | s 19ADA |
Basic Offence: 3 years' imprisonment / disqualification for at least 2 years (first offence) or 5 years (subsequent offence) Aggravated Offence: 5 years' imprisonment / disqualification for at least 5 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 for 12 months |
| Fail to provide personal details, or provide false and misleading information | s 74A(3) | $1,250 / 3 months' imprisonment |
| Fail to provide, or provide false information re identity of the driver of a motor vehicle | s 74AB(2) | $1,250 / 3 months' imprisonment |
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