- Child Restraint brochure (PDF 1.2mb)
- Mandatory Alcohol Interlock Scheme brochure (PDF)
There are many laws governing drivers, riders and pedestrians. Most 'driving offences' are covered by the Road Traffic Act 1961 and in Regulations made under this Act such as the Australian Road Rules 1999. In addition, the Motor Vehicles Act 1959 regulates (among other things) the issuing of driving licences, the registration of motor vehicles and compulsory third party insurance.
Serious offences (otherwise known as indictable offences) such as causing death or injury by reckless or dangerous driving are contained in the Criminal Law Consolidation Act 1935.
The table below summarises some of the road safety related offences that attract demerit points as well as the expiation fees applicable for each offence. References in the table are to the Road Traffic Act 1961 or the Australian Road Rules 1999 (ARR).
A complete list of the expiation fees and demerit points that apply to road traffic offences are set out in:
- Road Traffic (Miscellaneous) Regulations [Schedule 9 – Expiation Fees]
- Motor Vehicles Regulations 1996 [Schedule 7 – Demerit Points]
Effective 1 September 2012
| Offence against the Road Traffic Act 1961 | Expiation fee $ |
Demerit points |
|---|---|---|
| Excessive Speed 45 kph or more [s45A] | 900* | 9 |
| Driving whilst having prescribed concentration of alcohol in blood [s47B(1)] | ||
| Contravention involving less than 0.08 grams of alcohol in 100 millilitres of blood (Category 1 offence) | 532 | 4 |
| Driving with prescribed drug in oral fluid or blood [s47BA(1)] | 532 | 4 |
| Offences against the Australian Road Rules (ARR) | Expiation fee $ |
Demerit points |
|---|---|---|
| Speeding [ARR20] | ||
| Exceeding applicable speed-limit on length of road - | ||
|
150* | 2 |
|
330* | 3 |
|
670* | 5 |
|
800* |
7 |
| Fail to stop for red traffic light [ARR 56 (1)] | 404 | 3 |
| Failing to wear seatbelt - driver [ARR 264(1)] | 315 | 3 |
| Failing to wear seatbelt - passenger 16 years or older [ARR 265(1)] | 315 | 3 |
| Failing to ensure passengers under 16 years old are wearing seatbelts or approved child restraints [ARR 266 (1)] - | ||
|
315 | 3 |
|
373 | 5 |
| Failing to ensure passengers 16 years or older are wearing seatbelts [s26A Road Traffic (Road Rules - Ancillary and Miscellaneous) Regulations 1999] - | ||
|
315 | 3 |
|
373 | 5 |
| Riding motor bike without wearing helmet or with passenger not wearing helmet [ARR 270 (1)] | 244 | 3 |
| Using mobile phone whilst driving [ARR 300(1)] | 291 | 3 |
*$60 victims of crime levy also applies.
Road train expiation fee applies to road trains exceeding the prescribed speed limit (road train).
Other more serious traffic offences, which are not expiable and must be heard by a court, but still attract demerit points include:
| Offence against the Road Traffic Act 1961 | Demerit points |
|---|---|
| Failing to stop and give assistance immediately after accident involving injury or death [s43(1)] | 5 |
| Misuse of a motor vehicle [s44B(3)] | 4 |
| Driving recklessly or at a speed or in manner dangerous to the public [s46(1)] | 6 |
| Driving under the influence of alcohol or drugs [s47(1)] | 6 |
| Driving whilst having prescribed concentration of alcohol in blood [s47B(1)] - | |
|
5 |
|
6 |
| Refusing or failing to comply with direction of police officer in relation to alcotest or breath analysis [s47E(3)] | 6 |
| Refusing or failing to comply with direction of police officer in relation to drug screening test, oral fluid analysis or blood test [s47EAA(9)] | 6 |
| Refusing or failing to comply with request to submit to taking of sample of blood [s471(14)] | 6 |
Australian Road Rule changes as of 25 January 2009
|
Fog lights [ARR 217(1)] Drivers can only use front fog lights in hazardous weather conditions. This brings the rule into line with the existing situation for rear fog lights. Use of fog lights in other conditions can dazzle oncoming drivers. Previously front fog lights that dazzled approaching drivers were dealt with as an offence under a different rule. |
$212 |
|
Riding on motorbikes [ARR 271 (2) and (3)] The passenger in a sidecar is to be seated safely. It is an offence for both rider and passenger if the passenger is not seated safely. Previously there was no requirement that the passenger be seated in the side car. A rider is prohibited from carrying a passenger under 8 years old except in a sidecar. Previously the rule relied upon the passenger being able to reach footrests. This caused confusion for some riders. The amendment makes the rule more certain. |
$116 |
|
Carrying people on a bicycle [ARR 246(1)] This amends the existing rule that prohibits a person carrying more people on the bicycle than the bicycle is designed for. The change requires persons to be in seats or positions designed for travelling on a bicycle. It is an offence for both the rider and the passenger if the passenger is not sitting in the position designed for the passenger. Previously there was no offence for the passenger not sitting in a seat. |
$50 |
|
Travelling with animals on a motorcycle [ARR 297(3)] This rule has been amended to prohibit a motorcycle rider from travelling with an animal carried on the petrol tank of the bike (excluding farm animals carried for less than 500 metres). |
$160 |
|
Travelling with passenger or animal on lap [ARR 297(1A)] This rule creates an offence for a driver to have a passenger or animal on their lap when driving. |
$160 |
|
Arrester bed [ARR 101A(1)] A driver must not drive in an arrester bed unless the driver must do so in the interests of safety. Arrester beds will be designated by signs. |
$316 |
|
U-turns across single dividing lines [ARR 132(2A)] This amendment clarifies the duty of drivers not to make a u-turn across a single continuous centre line. |
$336 |
|
Stop on painted island [ARR 197(1A)] A driver must not stop on a painted island. This amendment is in the parking provisions. It prevents parking on a painted island. It does not prevent a driver from stopping on a painted island when entering or leaving a road. A driver may have to stop on a painted island to give way to approaching traffic. |
$83 |
|
Leading an animal while driving a vehicle [ARR 301(2)] This rule previously prohibited a driver or rider from leading an animal while driving. The rule has been extended to cover the passenger as it is just as dangerous for the passenger to be leading the animal. |
$90 |
The following two rules have been included as part of the national scheme but are not used in South Australia at this time.
|
Bicycle rider entering bicycle storage box This rule establishes bicycle storage boxes for bicycle riders to accommodate this traffic engineering device. |
$27 |
|
Tramway The amendments will prohibit driving in a tramway. A tramway will be indicated by signs and yellow lines. |
$170 |
