An infringement notice is commonly referred to as a fine, ticket, TIN or CIN and penalty notice. These are all essentially the same thing; the Fines Act 1996 refers to all these notices as penalty notices. There are two main types of infringement notices firstly, those issues by the NSW Police Force or another agency i.e. RSPCA, Fisheries etc. Secondly, those that are issued by Transport NSW and Revenue NSW which are Camera related offences like red light and/or speed cameras.
If you have received a camera detected notice you should always check the photographs that were taken and details carefully. You can request the photographs online through NSW Revenue.
What happens if I don’t pay my infringement notice?
When you get a fine, you will have by the due date (or 21 days from when it was served if there is no due date) to pay it. If you do not pay your fine in time, it will be sent to Revenue NSW. Revenue NSW will send you a penalty reminder notice to remind you of the fine. The penalty reminder notice must be paid within 28 days of the date it was issued. If you still do not pay the fine Revenue NSW can issue an overdue fine. If an overdue fines is issued, this means Revenue NSW can take steps to restrict your licence and take the amount of the fine from you.
Options for dealing with an Infringement Notice
Nominate another person
If you are not responsible for the ticket you must notify Transport NSW who the responsible driver or custodian was, the ticket is then re issued in that persons name. you can nominate another driver online through Revenue NSW.
Pay the notice
You can choose to pay the notice; this will effectively end the matter. Keep in mind that the person nominated on the infringement notice will have demerit points attributed to their record.
Section 22A of the Fines Act 1996 does not attribute any liability to any further proceedings for the alleged offence. Payment under a penalty notice is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.
Request a review or appeal of the infringement notice
You can request a review of your infringement notice; this is a fairly simple process and can be done online with Revenue NSW. You must launch an appeal within 60 days from the date the notice was issued.
The agency can withdraw the penalty notice, issue a caution, or confirm the infringement notice. If the penalty is to stand you can still elect to have the matter heard at court. You should talk to a traffic lawyer to discuss your options as each case is different.
Before submitting a review be sure to check out our guide on what to include and offences that may make you ineligible.
Electing to have the matter dealt with at court
The matter can be elected to dealt with at court if you dispute the any element of the offence. You can nominate in writing to NSW Revenue directly, online or by by completing a form for an individual or company and submitting it to NSW Revenue.
The other common approach with the court is that of a “plea of guilty with explanation” that is you plead guilty but are seeking leniency. Leniency will depend on the situation but generally is aimed towards non-conviction due to circumstances with the offence itself or your personal circumstances.
You should contact to a traffic lawyer to discuss your options as each case is different.
Dangers of electing to have the matter dealt with by a court
Increase in penalty & Court Costs
The court has a jurisdiction to be able to increase the monetary penalty of any fine to a maximum of $2,200 for each offence or infringement notice.
With any matter before the court there are court costs or levy’s that are paid, despite the outcome of the matter.
If you plead or are found guilty and convicted of the offence at court the matter will appear on your criminal record.
Some offences or infringement notices carry a period of suspension, however, if you elect to court the court on conviction may apply the automatic disqualification period. This period of disqualification cannot be appealed as easily as a suspension.
At Catron Simmons Lawyers we are experts in traffic law, we are ex-prosecutors, ex-highway patrol and BAS operators. We have a great deal experience and knowledge in traffic and related offences giving you the best representation and appropriate advice.