A traffic fine in the mail, or handed to you at the roadside, is never welcome. Sometimes paying it and moving on is the sensible choice. Other times, paying could cost you your licence, or you may have good reason to question the notice. If you have received a traffic infringement notice in NSW and are wondering what to do, this guide walks you through your options.
What a Traffic Infringement Notice Is
A traffic infringement notice, often called a penalty notice, is a way of dealing with an alleged traffic offence without going to court. It may be issued by NSW Police at the roadside or sent by post, for example after a camera detection. Fines are generally managed through Revenue NSW.
The notice will usually set out the alleged offence, the date, time and place, the penalty amount, any demerit points, and the date by which you must respond. Read it carefully, and check that the details are correct.
Traffic Infringement Notice NSW: What to Do First
- Note the due date. Missing it can add fees and lead to enforcement action.
- Check the details. Is the vehicle, registration, date, place and offence correct? Were you actually driving?
- Check your demerit points. Find out how many points you currently have and how many this offence carries. Points can be doubled during some holiday periods.
- Consider your licence type. Learner and provisional licence holders have much lower thresholds and can lose their licence more easily.
- Decide on your response before the due date, using the options below.
Your Options
1. Pay the fine
Paying the penalty generally ends the matter. There is no court appearance, but any demerit points will be recorded against your licence. Paying is effectively accepting the penalty, so do not pay automatically if you plan to dispute it or if the points could put your licence at risk.
2. Nominate the driver
If you were not driving, for example if you lent your car to someone, you can usually nominate the actual driver within the time allowed. The notice will explain how. Nominating someone falsely is a serious offence.
3. Request a review
You can ask Revenue NSW to review the fine. A review might be appropriate if there was a genuine mistake, an emergency, or circumstances that explain what happened. A review is not guaranteed to succeed, and the outcome depends on the reasons and evidence you provide.
4. Elect to have the matter heard in court
You can choose to have the matter dealt with by a court instead of paying. This may be worthwhile if you dispute the offence, or if you accept it but want the court to consider your circumstances. The court can find the offence proven or not proven, and in some cases may deal with the matter without recording a conviction.
Going to court carries risk. If the offence is proven, the court can impose a penalty that may be higher than the fine on the notice, plus court costs. That is why advice before electing is worthwhile.
5. Arrange to pay over time
If the fine is fair but money is tight, Revenue NSW may offer options such as a payment plan. Contact them before the due date.
Comparing Your Options
| Option | When it may suit | Things to consider |
|---|---|---|
| Pay | You accept the offence and your licence is not at risk | Demerit points are recorded |
| Nominate | Someone else was driving | Strict time limits and must be truthful |
| Review | There was a mistake or special circumstances | Outcome not guaranteed; supporting evidence helps |
| Court election | You dispute the offence or want the court to consider your circumstances | Possible higher penalty and costs; advice recommended |
| Payment plan | You accept the fine but need time to pay | Arrange it before enforcement action starts |
What Happens If You Ignore It
Ignoring a notice does not make it go away. If it is not dealt with by the due date, you are likely to receive a reminder with an extra fee. If it remains unpaid, Revenue NSW can take enforcement action, which may include further costs and restrictions on your licence or vehicle registration. Dealing with it early keeps your options open.
Licence Risks to Watch For
For many people, the real concern is not the fine but the licence. A single notice can take you over your demerit point limit, especially for provisional drivers or during double demerit periods. Some offences can also lead to an immediate licence suspension.
If you are close to your limit, or you rely on your licence for work, get advice before you pay. Depending on your licence type and circumstances, there may be options worth discussing.
When to Get Traffic Law Advice
- The offence could take you over your demerit point limit
- You hold a learner or provisional licence
- Your licence has been suspended or you have received a suspension notice
- You believe the notice is wrong and are thinking about going to court
- Your job depends on your licence
- You have received a court attendance notice rather than a penalty notice, which usually means a more serious offence
Frequently Asked Questions
Does paying the fine mean I admit guilt?
Paying a penalty notice is generally not a criminal conviction, but it does mean you accept the penalty and demerit points. If you want to contest it, do not pay first.
Can I still elect to go to court after the due date?
Options become more limited after the due date and once enforcement starts. Act before the date on the notice wherever you can.
Do I need a lawyer to request a review?
Not necessarily. Many people request reviews themselves. A lawyer can help where your licence is at risk or you are considering court.
Talk to Our Team
If you are unsure what to do with a traffic infringement notice, or you are worried about your licence, our traffic offences team can talk you through your options. Learn more about our wider criminal and traffic law services, or contact us on 02 9977 1133.
Please note: traffic laws, penalties and demerit thresholds change from time to time. This article is general information only and is not legal advice about your situation.
This article is general information only and is not legal advice. Please speak with a solicitor about your circumstances.