Traffic law in Australia is regulated at the state and territory level, meaning rules and penalties can vary depending on where the offence occurs. While national guidelines exist for road safety and vehicle standards, each jurisdiction enforces its own road laws, traffic offences, demerit systems, and court processes.
This guide breaks down traffic law by state, including:
Common traffic offences
Legal processes and penalties
Licence suspension rules
Appeal options
Free or low-cost legal help
Across all states and territories, traffic law typically covers:
Speeding offences
Drink and drug driving
Dangerous or negligent driving
Driving without a licence
Demerit points and licence suspensions
Mobile phone and seatbelt offences
Vehicle registration and insurance requirements
While penalties and procedures differ, most traffic matters begin with a fine or court attendance notice issued by police or transport authorities. More serious offences (e.g., high-range DUI, reckless driving) may result in criminal charges.
Below is a breakdown of the traffic law process, courts, and legal resources across each Australian jurisdiction:
Common Offences:
Speeding
Drink driving / drug driving
Driving while disqualified or suspended
Negligent or dangerous driving
Using a mobile phone while driving
How Charges Are Laid:
Police can issue fines or court attendance notices. Serious offences may result in immediate arrest or vehicle impoundment.
Court Process:
Minor matters handled in the Local Court
Serious charges (e.g., dangerous driving causing death) may be heard in the District Court
Defences Available:
Honest and reasonable mistake of fact
No intent to commit the offence
Faulty speed detection or breath-testing equipment
Lack of evidence beyond reasonable doubt
Common Offences:
Speeding and red-light offences
DUI and driving under the influence of drugs
Unlicensed or suspended driving
Dangerous driving
How Charges Are Laid:
Traffic Camera Office or police officer may issue an infringement notice. More serious offences proceed via charge and summons.
Court Process:
Infringements can be contested in the Magistrates’ Court
Higher courts handle aggravated offences
Defences Available:
Incorrect procedure in testing (e.g. BAC)
Duress or necessity
Improper identification of the driver
Common Offences:
Speeding and reckless driving
Unregistered or uninsured vehicle
Drink and drug driving
Dangerous operation of a vehicle
How Charges Are Laid:
Police issue traffic infringement notices, or you may receive a summons to court.
Court Process:
Magistrates Court deals with most traffic matters
Serious criminal offences (e.g., causing death) can go to the District Court
Defences Available:
Medical emergency
Faulty speed or breath test
Identity not proven
Key Legislation:
Road Traffic Act 1974 (WA)
Road Traffic Code 2000 (WA)
Common Offences:
Drink driving
Speeding
Careless or reckless driving
Process:
Infringement notice or court summons
Demerit points recorded
Appeal possible through Magistrates Court
Legal Help:
Legal Aid WA – information and representation for traffic offences
Common Offences:
Excessive speeding
DUI or refusal to provide sample
Driving without a licence
Careless or dangerous driving
How Charges Are Laid:
Officers can issue expiation notices or arrest drivers. Offences are reported to the Traffic Camera Office or SAPOL.
Court Process:
Traffic matters are dealt with by the Magistrates Court
Appeals or serious matters go to the District Court
Defences Available:
Valid medical reasons
Mistaken identity
Challenging police procedure or timing
Common Offences:
Speeding and mobile phone use
DUI and drug driving
Unlicensed driving
How Charges Are Laid:
Police issue infringement notices or file charges directly in the court.
Court Process:
Magistrates Court hears most traffic cases
Supreme Court for indictable offences
Defences Available:
Honest and reasonable mistake
Challenging accuracy of devices
Improper stop or search by police
This website provides general information only and does not constitute legal advice. Traffic laws and penalties vary by jurisdiction. If you have been charged or fined, seek legal help through your local Legal Aid service or speak with a qualified traffic lawyer.
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
