Double Demerits NSW: Offences Explained

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Christmas – New Year Double Demerits

Double demerits will be enforced in NSW from 24 December 2021 to 3 January 2022. The double demerits points scheme applies to the following offences:

  • Speeding
  • Illegal use of mobile phones
  • Not wearing a seatbelt
  • Riding without a helmet

Speeding

Speeding is the most common contributing factor to road fatalities in NSW. If your vehicle is detected by a fixed speed camera, mobile speed camera or Police Officer and a penalty notice is issued, you will incur a fine and a deduction of demerit points. Penalties for the varying speeding offences can be viewed here.

There are no more warning signs for Mobile Speed Cameras in NSW, more information can be viewed here.

Illegal mobile phone use

The fine for illegal mobile phone use is $352, or $469 if detected in a school zone. There is also a 5 demerit point penalty. This means that drivers who break the rule during double demerits periods will lose 10 demerit points- almost their full licence (13 points).

Section 300 of the Road Rules 2014 (NSW) provides that you must not use your mobile phone while your vehicle is moving or is stationary but not parked. This includes holding your mobile phone in your hand, even if it is locked and not operating.

Transport for NSW elaborates upon these rules and provides that:

  • You can use your mobile phone to make or receive an audio call or to perform an audio playing function if the phone is secured in a mounting affixed to the vehicle or you do not have to physically touch your phone to do so.
  • You can use your mobile phone for navigation so long as it is secured in a cradle fixed to the vehicle.
  • You can use your mobile phone to access your digital driver licence only after a police officer has asked you to do so.
  • You may also use your digital wallet function only if the vehicle is stationary and off the road (carpark, driveway or drive thru).

It is important to note that these provisions differ for learner, P1 and P2 licence holders. If you are a learner, P1 or P2 licence holder you may not use your phone for audio phone calls or audio playing functions. However, you may still access your digital licence upon request or use your wallet function if necessary.

Your illegal use can be detected by the new Mobile Phone Detection Cameras, read more here.

Not wearing a seatbelt

It is the driver’s responsibility to ensure that all passengers in their vehicle are wearing a seatbelt. Passengers who are 16 years or older who do not use an available seatbelt will also be fined.

The fine for driving and not wearing a seatbelt is $349 and 3 demerit points and 6 demerit points if you get caught in this holiday period.

 

If you need advice or representation for a traffic matter, contact Hamilton Janke Lawyers 24/7 on 4038 1666.

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