- I have received a speeding fine but don’t believe I was speeding – how can I challenge it?
(a) The first step is to contact The Manager of the Expiation Notice Branch for a review of the notice, providing your side of the story in writing.
(b) If the review is not successful, the decision has to be made as to whether you pay the fine or elect to be prosecuted. We recommend you seek advice from our Motoring Road Rules Consultant before making that decision.
- I have received a speeding fine, but I wasn’t the driver at the time – what can I do?
(a) The Infringement Notice alleges that you were the owner of the vehicle detected speeding. This means you can legally pay the fine, however you will also receive any demerit points applicable to the offence.
(b) If you do not want to pay the fine, you will have received a blank Statutory Declaration with your fine and you can use that to nominate who was driving the vehicle at the time. The driver’s full name and address are required and the Declaration must be signed by a Justice of the Peace. It should be returned to the Expiation Notice Branch prior to the due date on the original notice.
- I received a red light infringement, but I was completing a right turn – what should I do?
(a) Obtain a copy of the photograph through the South Australia Police website or by calling the Expiation Notice Branch and requesting that they post you a copy. There is no charge attached to requesting a copy of the photo.
(b) Once you have the photo, call our Motoring Road Rules Consultant to discuss the data on the photo and the possibility of challenging the fine.
- I parked in a private carpark, didn’t see the signs that indicated time limits applied, so didn’t purchase a ticket. I received a fine – what can I do?
What you have received is a Notice of Claim, not a fine. It is alleging that you have breached a contract with the operator of the carpark. The notice will likely have two amounts on it, with the lower amount available if it is paid within a certain time frame (usually 14 days). In most cases, it would be wise to pay the lower amount inside the required time frame. If you have questions about a Notice of Claim, call our Motoring Road Rules Consultant.
- I parked on the street but didn’t realise it was a part time bus lane/bike lane/no stopping area – do I have any recourse?
(a) It will depend on why you did not realise that you were in a restricted area. If there was appropriate signage in place and you simply did not see the signs, you will probably need to pay the fine.
(b) If you have concerns about why you did not see any signage at the time of parking, you can apply in writing to the issuing Council for a review of the fine. Check the infringement notice carefully before making the application, because some councils charge a fee for an unsuccessful review. If fees are involved, we advise contacting our Motoring Road Rules Consultant to discuss whether your case is strong enough to take the risk.
- I parked in a disabled parking zone to drop off a relative/friend who has a disabled parking permit. I forgot to display the permit and got a ticket – any suggestions?
The law is quite clear that a driver can only stop/park in a disabled parking zone if a current disabled parking permit is clearly displayed in the correct manner. However, you could apply to the issuing Council for a review of the fine, including a copy of the current parking permit. Check the infringement notice carefully before making the application, because some councils charge a fee for an unsuccessful review. If fees are involved, we advise contacting our Motoring Road Rules Consultant to discuss whether or not your case is strong enough to take the risk.
- I overlooked registering my car and was caught on the same camera multiple times – what can I do?
(a) The first thing to do is check the dates on the infringement notices. The law clearly states that after the first photo of an unregistered vehicle is taken, any other photos taken within the next 7 days cannot result in any further fines. If you do receive fines within that 7 day period, they will automatically be withdrawn by the Expiation Notice Branch upon request.
(b) If you receive multiple fines beyond the 7 day period, it would be wise to discuss your options with our Motoring Road Rules Consultant.
- What is the difference between alleged and detected speed?
(a) The words ‘alleged speed’ are usually used on a summons for a court appearance in relation to an offence. ‘Allege’ is something that is declared without proof and the purpose of the court process is to prove the allegation.
(b) The ‘detected speed’ is the speed recorded by an approved speed detection instrument.
- Am I required to carry my licence while driving?
(a) If you hold a driver’s licence, you do not have to carry your licence while driving. However, a police officer may require you to produce that licence at a nominated police station within 48 hours.
(b) However, if you hold a learner’s permit, a provisional licence or a probationary licence, you must carry your licence at all times while driving. Holders of heavy vehicle licences must also carry their licence with them when driving a heavy vehicle.
(c) Others required to carry their licence with them while driving are visiting motorists (interstate or overseas), taxi drivers and drivers carrying dangerous goods. Remember, this applies to you. If you are driving interstate, you must carry your licence at all times.