Red Light Offences

Red light offences are one of the most common traffic offences in NSW, and they can have serious consequences. In NSW, there are currently 226 intersections with red-light cameras.                                                                                                             

If you are caught running a red light, you could face a fine, demerit points, and even a suspension of your driver’s licence. If you have been sent a traffic infringement notice due to a red light offence, contact our team of experts at Jackson John Defence Lawyers to help navigate your path to the best outcome.

What is a Red Light Offence?

Under Regulation 56(1) of the Road Rules 2014 (NSW), it is an offence to run a red light. Specifically, the Rules states:

(1) A driver approaching or at traffic lights showing a red traffic light must stop—

• if there is a stop line at or near the traffic lights—as near as practicable to, but before reaching, the stop line, or
• if there is a stop here on red signal sign at or near the traffic lights, but no stop line—as near as practicable to, but before reaching, the sign, or
• if there is no stop line or stop here on red signal sign at or near the traffic lights—as near as practicable to, but before reaching, the nearest or only traffic lights,

and must not proceed past the stop line, stop here on red signal sign or nearest or only traffic lights (as the case may be) until the traffic lights show a green or flashing yellow traffic light or no traffic light.

Similarly, under Regulation 56(2), it is an offence to run a red traffic arrow, where:

(2)  A driver approaching or at traffic arrows showing a red traffic arrow who is turning in the direction indicated by the arrow must stop—

• if there is a stop line at or near the traffic arrows—as near as practicable to, but before reaching, the stop line, or
• if there is a stop here on red arrow sign at or near the traffic arrows, but no stop line—as near as practicable to, but before reaching, the sign, or
• if there is no stop line or stop here on red arrow sign at or near the traffic arrows—as near as practicable to, but before reaching, the nearest or only traffic arrows,

and must not proceed past the stop line, stop here on red arrow sign or nearest or only traffic arrows (as the case may be) until the traffic arrows show a green or flashing yellow traffic arrow or no traffic arrow.

How do Red Light Cameras Work?

Motion sensor technology captures when both sets of a vehicle’s wheels cross the white stop line while the traffic lights are red. Electronic detectors or tracking radars are then triggered and a photo is captured of the vehicle. This photo will record the number plate, date and time of the offence, location, and speed of the vehicle.  

Additionally, under Section 138 of the Road Transport Act 2013 (NSW) and Clause 35 of the Road Transport (General) Regulation 2013 (NSW), a camera-recording device must be calibrated every 90 days.

What are the types of Penalties?

Failing to stop at a red light incurs a $469.00 fine and 3 demerit points. If the failure to stop is in a school zone, then this increases to a $587.00 fine and 4 demerit points. If you decide to have the fine dealt with in Court, the maximum penalty increases to $2,200.00.

What Happens if you get Caught?

If you are caught by a red light camera, you will receive a traffic infringement notice at the address at which the car is registered. You will also receive a fine, which is dealt with by Revenue NSW. You can also download a copy of the digital image captured by the camera on the Service NSW application. If Revenue NSW holds your email or mobile number details, you will also receive a payment reminder and confirmation. This offence carries 3 demerit points.

How can Jackson John Defence Lawyers help?

If you have been caught running a red light, Jackson John Defence Lawyers can help you. We have extensive experience in defending clients charged with traffic offences, and our services include:

1. Assisting with your Review

To dispute the fine, we can assist in your submission through myPenalty on the Revenue NSW website. Generally, to be eligible to request a review, there must be either a mistake in the fine or exceptional circumstances that led to the offence. The primary reasons you can contest a fine are:

• The fine was issued in error;
• There are extenuating circumstances in your case; and/or
• There are other factors that led to the commission of the offence.

Our team at Jackson John Defence Lawyers can assist drafting the request for a review. We can help arrange and utilise supporting evidence, such as dash cam footage, medical evidence, or permits. Revenue NSW will then consider numerous factors, such as whether there was a mistake in issuing the fine, whether you were driving the vehicle or whether your driving record is clean. Following this, you will usually receive a response within 21 days. The possible outcomes include:

• Penalty stands: In this circumstance, Revenue NSW believes that the fine has been issued correctly and you are guilty of the offence, so you will be required to make the payment.
• Caution: If you receive this outcome Revenue NSW maintains that the fine has been issued appropriately, however you will only receive a caution instead of a fine due to the specific circumstances of your case. You will not accrue demerit points, although a caution will be recorded on your driving record. This is essentially an act of leniency.
• No action: This means the fine was issued in error, and it will be cancelled, so you will not be required to pay. This will not appear on your driving record.
• Cancellation: This means the issuing authority has requested the fine to be withdrawn, so no penalty will be received.

2. Contesting in Court

If you disagree with the RMS decision, you may either submit a new request for review if new and compelling information is obtained, or you may apply to have your matter heard in Court.

Our team are highly skilled advocates and will make persuasive submissions on your behalf in Court. We will put forward evidence including:

• Character references;
• Letter of remorse;
• Traffic history;
• Subjective impacts (such as financial hardships);
• Medical certificates; and/or
• Traffic Offenders Intervention Program (TOIP) Certificate.

We will ensure to thoroughly review the particulars of your case to ensure our submissions are appropriate and compelling given your specific circumstances. Our team of experts have a wealth of experience in this field and will advocate fearlessly for your rights so that you receive the most favourable outcome.

Why Jackson John?

Our team at Jackson John will carefully review your case, keep you informed of your options and advise you on the best course of action throughout the legal process. Our wealth of expertise and experience make us the perfect team to have by your side. If you have committed a red light offence, please do not hesitate to contact Jackson John Defence Lawyers today for your free 15-minute initial consultation.