Key Takeaways
The Fine for running a red-light camera offence in New South Wales is a $544 fine in addition to three demerit points, according to Rule 56(1)(a) of the Road Rules 2014 (NSW). You can challenge the red-light camera by filing a court election once you receive the infringement notice. If you court elect the red-light camera fine, you will not incur demerit points or a fine if the court dismisses the infringement.
Is it Legal to Drive Through a Red light for Police?
To be guilty of running a red-light camera, you must drive a motor vehicle, and while approaching a red light traffic light, you fail to stop before that traffic light, or fail to stop behind the stop line or behind the red signal near the traffic light. It is legal to drive through a red light to make way for police or other emergency vehicles if you did so due to a necessity to avoid serious harm. An example of this is giving way to an emergency police or ambulance vehicle. It is also legal to drive through an amber/yellow light if it would have been dangerous to stop due to how close you are to the lights at the time.
For more on red light camera fines, call to speak to experienced traffic lawyers in Australia.
Fine for Running a Red Light Camera
In New South Wales, there are 233 intersections which have red-light cameras. Where these devices are installed, the camera takes a digital photo of any vehicle which speeds or runs a red light.
On the 'Transport for New South Wales' website, the state government has published a complete list of current camera locations including the suburb and roads on which it is located.
The state government notes that the cameras are installed at 'high-risk' intersections, to seek to reduce crashes. The cameras detect when vehicles travel over the stop line or enter an intersection after the lights have turned red.
A digital image will be taken of the vehicle, if its speeds or runs a red light. The camera detects this through a vehicle tracking radar or electronic detectors which are contained within the road's surface.
The detectors reflect the vehicle's speed, as well as where it was in the intersection when the traffic lights were red.
The image shows the type of vehicle, as well as its number plate. Other details reflected include the date, time, location details, direction of travel, speed limit on the road where the camera is positioned, as well as the lane the vehicle was in.
These images can be tendered as evidence in court, when accompanied by appropriate evidentiary certificates signed by an authorised person verifying their authenticity.
The rules related to red traffic lights are contained within regulation 56 of the Road Rules 2014 (NSW). This regulation provides that a driver approaching or at traffic lights showing a red traffic light must stop.
It prescribes that a driver must stop at the following places, dependant on the lines and signage present:
- if there is a stop line at or near the traffic lights – as near as practicable to, but before reaching, the stop line,
- if there is a stop here on red signal sign at or near the traffic lights, but no stop line = as near as practicable to, but before reaching, the sign, or
- if there is no stop line or stop here on red signal sign at or near the traffic lights = as near as practicable to, but before reaching, the nearest or only traffic lights.
Following stopping, the driver must not proceed past the stop line, 'stop here on red signal' sign or the traffic lights (as the case may be) until the traffic lights show a green, flashing yellow traffic light or no traffic light at all.
Exceptions include circumstances in which traffic lights are at an intersection with a 'left turn on red after stopping' sign and the driver is turning left at the intersection. The driver may thus turn left after stopping.
If you are caught by a red-light camera, you will receive an infringement notice in the mail. The fine is $544 (as of October 2023), with the offence also carrying 3 demerit points.
Where you believe the red-light camera fine has not been issued correctly, you are able to view the digital image taken of the offence on the Revenue NSW website.
After reviewing the image, if you still believe it was not issued correctly, you can request an internal review through the Revenue NSW website in which you are able to outline what mistake you think has been made, or whether there were special circumstances that led to the offence.
The review can result in the fine nonetheless being applicable or the fine being cancelled.
Reasons that Revenue NSW may not consider leniency include having a clean driving record, as well as claims that you were not able to stop in time, could not see the lights, or that the light was yellow when you entered the intersection. This is due to how red-light offences are only issued when the light is red before the vehicle enters the intersection.
Reasons that Revenue NSW may consider leniency include where a driver was directed to travel through the red light by an authorised officer.
If Revenue NSW reviews the fine and decides that the penalty has been properly issued, the matter can nonetheless be 'court-elected'.
After you court-elect a traffic matter, you will receive a first listing date in the Local Court in which you will be required to enter a plea of guilty or not guilty.
If you decide to 'court-elect' this offence, the maximum penalty applicable raises to a $2,200 fine.
However, even if you plead or are found guilty, you can still seek for a 'non-conviction' order to be imposed which means that you will not have to pay a fine or incur the relevant demerit points.
Contact our experienced criminal defence lawyers for tailored advice on any traffic law matter.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.