Receiving
a red-light camera fine in New South Wales can be a frustrating
experience, with penalties that include hefty fines, demerit points, and
potential impacts on your driving record. However, you may have options to challenge
a red-light camera fine, potentially avoiding penalties or securing a more
lenient outcome. At Nicopoulos Sabbagh Lawyers Criminal Defence &
Traffic Lawyers, our traffic lawyers in Sydney, NSW, specialise in
defending clients against traffic offences, including red light
camera fines, helping them protect their licences and finances.
This
comprehensive guide explores red light camera fines in NSW, how they
work, the legal framework, penalties, and how to challenge them, with
insights on how our criminal defence lawyers in Sydney can assist.
As a leading criminal law firm in Sydney, we’re committed to delivering
justice and safeguarding your driving privileges.
Understanding Red Light Camera Fines in NSW
Red
light camera fines are issued for violating Rule 56 of the Road Rules 2014
(NSW), which prohibits drivers from proceeding through a red traffic light
or arrow at an intersection. Red light cameras, operated by Transport for
NSW, use advanced technology to detect and photograph vehicles that cross
the stop line after the light turns red. In 2023–2024, Transport for NSW reported
over 100,000 red light camera fines issued statewide, generating approximately
$50 million in revenue, underscoring their prevalence and enforcement rigor.
How Red-Light Cameras Work
• Detection: Sensors embedded in the road detect when
a vehicle crosses the stop line after the light turns red.
• Photography: Two high-resolution images are
captured: one showing the vehicle’s position and another capturing the number
plate.
• Verification: Revenue NSW reviews
images to confirm the offence before issuing a Penalty Notice.
• Notification: The registered vehicle owner receives
a fine within 2–4 weeks, detailing the offence, penalty, and payment due
date.
Red
light cameras are installed at high-risk intersections across Sydney, such as
those in Parramatta, Blacktown, Bondi, and the CBD,
with locations published on the Transport for NSW website.
Legal Framework for Red Light Camera Fines
Red
light camera fines are governed by:
• Road Rules 2014 (NSW): Rule 56 defines
the offence of failing to stop at a red light, with Rule 57 covering
yellow light violations.
• Road Transport Act 2013 (NSW): Outlines enforcement
and penalties for traffic offences (Section 195 for camera-based
offences).
• Fines Act 1996 (NSW): Regulates penalty notices,
payment options, and review processes (Section 23A for internal
reviews).
• Evidence Act 1995 (NSW): Governs the admissibility
of camera evidence (Section 138 for challenging unlawfully obtained
evidence).
Courts,
such as Downing Centre, Parramatta, Blacktown, and Burwood Local
Courts, handle contested fines, making legal expertise essential for successful
challenges.
Penalties for Red Light Camera Fines
Penalties
for running a red light in NSW, as of June 1, 2025, include:
• Standard Penalty (Rule 56):
•
Fine: $508 for standard vehicles.
•
Demerit Points: 3 points (double to 6 points during
holiday periods, e.g., Easter, Christmas).
• School Zone Penalty:
•
Fine: $632.
•
Demerit Points: 3 points (double during holidays).
• Heavy Vehicle or Public Vehicle:
•
Fine: Up to $1,100 for buses or trucks.
•
Demerit Points: 3 points.
• Court-Elected Penalty (if contested and
convicted):
•
Maximum Fine: $2,200 (Section 195, Road Transport Act
2013).
•
Demerit Points: 3–6 points, depending on circumstances.
•
Court Costs: Additional $100–$500 in levies and fees.
Additional Consequences
• Licence Suspension: Accumulating 13 demerit
points (full licence) or 7 points (P-platers) within 3
years triggers a suspension (Section 33, Road Transport Act 2013).
• Potential Insurance Premiums: Convictions
increase premiums by $500–$1,000 annually.
• Employment Impact: Professional drivers (e.g.,
couriers, bus drivers) risk job loss due to points or suspensions.
Grounds for Challenging a Red Light Camera Fine
Challenging
a red-light camera fine involves requesting a review or electing to
contest the matter in court. Below are common defences in NSW:
1. Honest and Reasonable Mistake
• Ground: You genuinely and reasonably believed you
did not commit the offence (e.g., believing the light was yellow).
• Evidence: Witness statements, dashcam footage, or
traffic light timing records.
• Example: You entered the intersection on a yellow
light, but the camera recorded it as red due to tight timing.
2. Emergency or Necessity
• Ground: You ran the red light to avoid immediate
danger (e.g., swerving to avoid a collision or transporting a medical
emergency).
• Evidence: Medical records, police reports, or
witness testimony.
• Legal Basis: Section 10, Criminal Procedure Act
1986 allows necessity as a defence.
• Example: You drove through a red light to rush a
family member to hospital during a medical crisis.
3. Incorrect Details on the Penalty Notice
• Ground: Errors in the notice, such as wrong date,
time, location, or vehicle details, render it invalid.
• Evidence: Vehicle registration documents, GPS data,
or photographs disproving the alleged offence.
• Legal Basis: Section 23A, Fines Act 1996 allows
reviews for administrative errors.
• Example: The notice lists an incorrect number plate
or intersection.
4. Identity of the Driver
• Ground: This applies if you were not the driver at
the time of the offence, as the registered owner is presumed responsible unless
proven otherwise (Section 195(2)).
• Legal Basis: Section 38, Fines Act 1996 allows
nomination of another driver.
• Example: A family member borrowed your car and
committed the offence.
5. Technical or Equipment Failure
• Ground: The red light
camera malfunctioned or was not properly calibrated.
• Evidence: Maintenance records (via subpoena),
expert reports, or photographic inconsistencies.
• Legal Basis: Section 137, Road Transport Act
2013 requires accurate equipment; Section 138, Evidence Act 1995 allows
exclusion of faulty evidence.
• Example: The camera misrecorded the light phase due
to a timing error.
How to Challenge a Red Light Camera Fine: Step-by-Step Guide
Challenging
a red light camera fine requires a
structured approach, with deadlines and legal options outlined below:
Step 1: Review the Penalty Notice
• Action: Check the notice for accuracy (date, time,
location, vehicle details) within 7 days of receipt.
• Options:
•
Pay the Fine: Resolves the matter but accepts demerit points.
•
Request a Review: Seek leniency or withdrawal via Revenue NSW.
•
Elect to Go to Court: Contest the offence in the Local Court.
• Our Role: Our traffic lawyers in Sydney analyse
the notice for errors and advise on the best option. Contact us at info@nslaw.net.au or
0427 101 499.
Step 2: Request a Review by Revenue NSW
• Action: Submit an online review request to Revenue
NSW within 28 days of the notice date (Section 24A,
Fines Act 1996).
• Grounds: Errors, exceptional circumstances, or
nomination of another driver.
• Outcomes:
•
Fine Withdrawn: No penalty or points.
•
Caution Issued: No fine, but offence noted.
•
Fine Upheld: Proceed to court or pay.
• Our Role: We draft compelling review submissions,
maximising withdrawal chances.
Step 3: Elect to Go to Court
• Action: If the review is unsuccessful, elect to
contest the fine in the Local Court within 28 days of
the review decision (Section 36, Fines Act 1996).
• Process:
•
File a Court Election via Revenue NSW.
•
Attend a first court appearance (2–8 weeks later) to enter a plea (guilty,
not guilty).
•
Prepare for a hearing (not guilty) or sentencing (guilty).
• Risks: If convicted, penalties may increase (up to $2,200
fine), with court costs and the Court can even impose a period of licence
Disqualification!
• Lawyer’s Role: The Lawyer represents you in court,
presenting defences and advocating for a Section 10 dismissal to
avoid conviction and points.
Step 4: Prepare Your Defence
• Action: Gather evidence to support your grounds
(e.g., dashcam, witnesses, maintenance records).
• Defences:
•
Challenge camera accuracy (Section 137).
•
The defences of Necessity or honest mistake.
• Lawyer’s Role: Our criminal defence lawyers collect
evidence, subpoena records, and engage experts to challenge camera reliability.
Step 5: Attend Court
• Action: Appear at the Local Court (e.g.,
Downing Centre) for your hearing or sentencing, typically within 3–6
months.
• Possible Outcomes:
•
Acquittal: No penalty if the defence succeeds.
•
Section 10 Dismissal: No conviction, fine, or points (Section
10(1)(a), Crimes (Sentencing Procedure) Act 1999).
•
CRO Without Conviction: Conditions (e.g., good behaviour) but no
conviction (Section 10(1)(b)).
•
Conviction: Fine, points, period of licence Disqualification &
potential costs.
Step 6: Post-Court Actions
• Action:
•
Comply with court orders (e.g., pay reduced fines, adhere to CRO conditions).
•
Appeal convictions to the District Court within 28 days only if
errors occurred (Section 11, Crimes (Appeal and Review) Act 2001).
Strategies to Strengthen Your Challenge
Our traffic
lawyers in Sydney employ proven strategies to challenge red light
camera fines:
1. Technical Analysis: Subpoena camera maintenance
records to identify faults (Section 137).
2. Evidence Collection: Assess dashcam footage, GPS
data, or witness statements to dispute the offence.
3. Mitigating Factors: if applicable to your case, Highlight
clean driving records, financial hardship, or employment reliance on your
licence.
4. Rehabilitation: We recommend that you complete the
Traffic Offender Intervention Program (TOIP)
5. Negotiation: Engage with Revenue NSW or
prosecutors.
Benefits of Challenging a Red Light Camera Fine
Successfully
challenging a red light camera fine offers
significant advantages:
• No Demerit Points: Avoids licence suspension (13
points for full licence, 7 for P-platers).
• No Fine: Saves $508–$2,200 in
penalties.
• No Criminal Record: Section 10 dismissals prevent
convictions, preserving employment and travel opportunities.
• Lower Insurance Costs: Avoids premium hikes ($500–$1,000
annually).
• Peace of Mind: Resolves the matter without
long-term consequences.
Challenges and Considerations
Challenging
a red light camera fine involves
risks:
• Strong Evidence: Cameras are highly accurate,
requiring robust evidence to dispute (Section 195).
• Court Costs: If convicted, additional fees apply ($100–$500).
• Time and Stress: Court processes take 3–6 months,
demanding preparation.
• Prior Offences: Repeat offenders face stricter
scrutiny, reducing Section 10 likelihood.
Our criminal
lawyers mitigate these risks with forensic analysis, strategic
advocacy, and client support, ensuring the best possible outcome.
Why Choose Nicopoulos Sabbagh Lawyers?
A red light camera fine can disrupt your
life, but you don’t have to face it alone. At Nicopoulos Sabbagh Lawyers
Criminal Defence & Traffic Lawyers, we offer:
• Specialised Expertise: Extensive experience in traffic
law and criminal law, challenging thousands of fines in Sydney
courts.
• Proven Results: Success in securing Section 10
dismissals, fine withdrawals, and acquittals.
• Client-Centred Approach: Tailored strategies to
protect your licence and finances.
• 24/7 Support: Available around the clock for urgent
advice during penalty reviews or court deadlines.
How to Start Your Challenge
If
you’ve received a red light camera fine:
1. Seek Legal Advice Immediately: Contact Nicopoulos
Sabbagh Lawyers at info@nslaw.net.au or call 0427 101
499 or 02 9793 7016 for a free consultation.
2. Gather Evidence: Collect dashcam footage, witness
statements, or statutory declarations to support your challenge.
3. Review Deadlines: Submit a Revenue NSW review
or court election within 28 days to preserve your options.
4. Prepare for Court: Work with us, gather character
references, or even complete TOIP.
5. Act Promptly: Early action strengthens your case
and avoids default penalties.
Frequently Asked Questions About Red Light Camera Fines in NSW
1.
What Is a Red Light Camera Fine in NSW?
A red light camera fine is a penalty for
running a red light under Rule 56, Road Rules 2014, typically $508 and
3 demerit points, detected by automated cameras.
2. How Can I Challenge a Red Light Camera Fine?
Request
a Revenue NSW review within 28 days or elect to contest
the fine in the Local Court, using grounds like errors, necessity, or
identity disputes.
3. Can I Avoid Demerit Points for a Red Light Camera Fine?
Yes, a
successful challenge or Section 10 dismissal prevents points,
preserving your licence. Our traffic lawyers advocate for this
outcome.
4. What Happens If I Go to Court for a Red Light
Fine?
You’ll
attend a Local Court hearing to plead guilty or not
guilty. If convicted, penalties may increase, but Section 10 dismissals are
possible with strong representation.
5. How Long Does It Take to Challenge a Red Light Camera Fine?
Revenue
NSW reviews take 4–8 weeks; court cases take 3–6
months. Our criminal lawyers are available to answer any of
your questions.
The Broader Context: Traffic Enforcement in NSW
Red
light camera fines are a cornerstone of NSW’s road safety strategy, with Transport
for NSW reporting a 10% reduction in intersection crashes since 2020.
The Road Safety Plan 2026 aims to expand camera enforcement,
but concerns about revenue-raising (over $500 million annually) and
disproportionate impacts on low-income drivers persist. The NSW Government’s
2025 Justice Reform Package seeks to enhance review processes,
underscoring the importance of legal expertise to navigate this system.
Contact Nicopoulos Sabbagh Lawyers Today
A red-light
camera fine doesn’t have to derail your driving record or finances. At
Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our traffic
lawyers in Sydney provide expert defence, achieving Section 10
dismissals, fine withdrawals, or acquittals to protect your licence. With
our deep expertise in traffic law and criminal law, we’ll
guide you through every step with precision and care.
Don’t
let a fine hold you back. Contact Nicopoulos Sabbagh Lawyers today
at info@nslaw.net.au, call 0427 101 499 or 02 9793 7016,
or visit www.nslaw.net.au for a free consultation. Let our Sydney
criminal law firm, one of the best in NSW, fight for your justice and peace
of mind.
Why
Choose Nicopoulos Sabbagh Lawyers YOUR Leading Sydney Criminal Defence &
Traffic Lawyers to represent you in your Traffic Law Matter?
Nicopoulos
Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office
appears at ALL Courts in NSW on a regular basis in ALL Traffic Law
matters. No matter is too complex for
Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book
your first Free Consultation today!
GOING
TO COURT?
It
is very important that you speak with a lawyer so that you can get the
appropriate legal advice which you require prior to going to court.
Our team
of experienced solicitors are there for you and can help you answer all your
questions, so be sure to contact your
Sydney Lawyers, Nicopoulos
Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 1st June 2025.
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