Understanding and dealing with traffic offences under New South Wales (NSW) law in Sydney can be complex. They range from non-serious violations like parking or licence offences to more serious ones like negligent driving resulting in death or serious injuries. Most traffic offences under NSW laws are strict liability offences which make legal navigation complex; thus, experienced lawyers must offer advice and support when faced with these situations.
Understanding Strict Liability Offences in NSW
What is a Strict Liability Offence?
NSW traffic offences tend to be strict liability offences, meaning that the prosecuting authority doesn’t need to prove your intention when prosecuting, only that the act took place. At the same time, this approach may appear harsh at first glance, as it bypasses establishing “mens rea,” or an intent-based component commonly required of criminal cases.
Strict liability offences may seem counter-intuitive, but they aim to improve road safety by holding all drivers to an equally stringent standard of care, acting as deterrence measures against potential traffic violations, and ensuring safer streets for everyone involved.
The Complex Nature of Traffic Law
Traffic law can be complex, with rules and regulations depending on the specific offence committed. When matters enter court proceedings, legal advice is often necessary.
Traffic Offences Under Road Transport Act 2013 and Crimes Act 1900 NSW
Most traffic violations are handled under the Road Transport Act 2013. However, certain offences fall under the Crimes Act 1900 NSW as well. This decision usually depends on the severity and nature of the crime; violations that could lead to injury, death or severe property damage typically fall under this act, while more routine traffic offences fall under Road Transport Act 2013.
Serious Driving Offences
Driving offences that threaten the safety of others on the road are treated with great seriousness by law.
Negligent Driving Where Death is Occasioned
Negligent driving that results in death is one of the most severe traffic violations. This offence involves drivers engaging in negligent behaviour on the road that ultimately results in their causing someone else’s death; there is no need to prove intent on behalf of the prosecution, just that negligence occurred and caused death.
Negligent Driving Where Grievous Bodily Harm is Occasioned
Deliberate driving that causes grievous bodily harm is another serious offence, with negligent drivers responsible for causing severe injury through carelessness. Like in other crimes, the prosecution must demonstrate both the act of negligence and its resultant damage – not its intent – before being charged with this offence.
Furious, Reckless and Dangerous Driving
Furious, reckless and dangerous driving are severe offences with serious repercussions. All three involve acts that show wanton disregard for the safety of others on the road; “furious” refers to driving angrily or aggressively, while “reckless” involves deliberate disdain for potential consequences, and “dangerous” encompasses any behaviour which can harm others.
Fail to Stop and Give Assistance in an Accident Involving Death or Injury
Failure to stop and render assistance when involved in an accident resulting in death or bodily harm is another serious offence. All drivers involved should stop, assist and provide their details if there’s harm caused to people or property.
Driving Under the Influence of Alcohol or Drugs
Alcohol or drug-impaired driving is a primary offence in NSW and poses an enormous threat to other road users, drawing severe penalties such as fines and even imprisonment.
Common Driving Offences
People often overlook minor offences that don’t appear severe enough, yet even these can incur substantial fines and penalties.
Speeding Offences
Speeding is one of the most frequently committed crimes. Speed limits exist for safety purposes, and exceeding them constitutes a strict liability offence under the Road Transport Act 2013.
School Zone Offences
School zones contain special rules designed to safeguard children. Violating them, such as speeding through or overtaking an unmoving school bus, could result in heavy fines.
Non-Serious Offences
Non-serious offences include violations that don’t involve risky driving but can still bring penalties.
Parking Offences
Parking offences such as violating no-parking zones and exceeding permitted duration limits for parking are relatively minor offences and typically result in fines being assessed against offenders.
General Driving Offences
General driving offences include failing to wear a seatbelt, red light offences, mobile phone violations and similar violations. Although these may seem minor in their individuality, their accumulation can add up and lead to suspension of driving privileges or even cancellation.
Vehicle Registration and Licence Offences
Driving unregistered or without a valid licence may seem harmless, but it could result in severe fines.
Heavy Vehicle Offences
Heavy vehicle drivers must exercise extra caution when operating these vehicles due to the potential damages and risks involved with working improperly. Offences such as overloading, not adhering to dimension requirements, and driver fatigue offences should all be treated seriously due to their potential effects and consequences for road users.
Conclusion:
Navigating traffic violations in Sydney can be complicated and far-reaching, so professional legal advice should always be sought when facing traffic offences charges. A traffic offence lawyer in Sydney will protect your rights while giving you a higher chance of navigating this legal maze.