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Red light offences are serious traffic offences due to their potential tragic consequences. If you have received a penalty notice for a red light offence, contact our office for an initial consultation.

In New South Wales, red light camera offences are dealt with under the Road Rules 2014 (NSW) and the Road Transport Act 2013 (NSW). 

There are a number of ways you can be caught running a red light:

  • Fixed camera (red light camera or red light speed camera)
  • Observed by a police officer of NSW Police Force 
  • Observed by a witness immediately prior to an accident

How do red light cameras work?

There are 201 red light cameras in NSW. Red light cameras were introduced in NSW as part of a movement to improve road safety. In recent years, red light cameras have been merged with speed cameras as a result of increased road trauma. This new camera is now known as a red light speed camera. 

The cameras are located at intersections with traffic lights that have been deemed to pose a safety concern to motorists and pedestrians, often due to the number of accidents at that intersection. There are two ways to trigger the camera:

  • The red light speed camera measures your speed and will trigger if you break the signposted speed limit and/or your vehicle crosses the line on a red light. When triggered, it takes a photo of your vehicle. Triggering this camera will result in a speeding fine, red light camera fine or both. If you are caught speeding by one of these cameras, you will be fined according to the penalties set for speeding. Heavy vehicle speeding offences are different to those of light vehicles. For further information about speeding offences, click on the Traffic Law link above.
  • A red light camera will trigger when your vehicle crosses the line when the traffic light has turned red and it will take a photo of the vehicle. It will take a second photo of the vehicle to confirm it entered the intersection and didn’t stop over the line. Triggering this camera will result in a red light camera fine. 

Red light and speed camera offences are strict liability offences. That means the prosecution only needs to prove that you committed the offence, not that you intended to commit the offence. 

Fines are calculated using penalty units set out in the legislation. In NSW, each penalty unit is equal to $110. For example, 50 penalty units equal a fine of $5,500. Each red light camera offence also incurs a loss of demerit points.

Red light camera offences

Stopping for a red light or arrow

If you are a driver approaching or at traffic lights showing a red traffic light you must stop:

If there is a stop line at or near the traffic lights – as near as practicable to, but before reaching, the stop line, or

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 at or near the traffic lights – as near as practicable to, but before reaching, the nearest or only traffic lights, or

And must not proceed past the stop line, stop here on red signal sign, or only traffic lights (as the case may be) until the traffic lights show a green or flashing yellow traffic light or no traffic light.

Penalty notice: $464

Demerit points: 3

The maximum court issued penalty = $2,200.

Proceeding through a red light

If you are driver and you approach or are at traffic arrows showing a red traffic arrow and you are turning in the direction indicated by the arrow, you must stop:

If there is a stop line at or near the traffic arrows – as near as practicable to, but before reaching, the stop line, or

If there is a stop here on red arrow sign at or near the traffic arrows, 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 arrow sign at or near the traffic arrows – as near as practicable to, but before reaching, the nearest or only traffic arrows,

And must not proceed past the stop line, stop here on red arrow sign or nearest or only traffic arrows (as the case may be) until the traffic arrow shows a green or flashing yellow traffic arrow or no arrow.

Penalty notice: $464

Demerit points: 3

The maximum court issued penalty = $2,200.

Proceeding through a red traffic arrow

If traffic arrows at an intersection or marked foot crossing are showing a red traffic arrow, and you are turning in the direction indicated by the arrow, you must not enter the intersection or marked foot crossing. 

Penalty notice: $464

Demerit points: 3

The maximum court issued penalty = $2,200.

Proceeding through a bicycle storage area before red traffic light or arrow

If there is a bicycle storage area before traffic lights that are showing a red traffic light, you must not allow any part of your vehicle to enter the bicycle storage area.

The maximum penalty for this offence is a fine of $2,200.

If there is a bicycle storage area before traffic arrows that are showing a red traffic arrow, and you are turning your vehicle in the direction indicated by the arrow, you must not allow any part of your vehicle to enter the bicycle storage area.

Penalty notice: $464

Demerit points: 3

The maximum court issued penalty = $2,200.

Stopping for twin red lights (except at level crossings)

Twin red lights are usually erected at bridges, ambulance stations, fire stations or level crossing. 

If you are a driver and approach or are at twin red lights on a road (except at a level crossing), you must stop in accordance with the rules about red lights. 

The maximum penalty for this offence is a fine of $2,200.

If there is a stop line at or near the lights and you can stop safely before reaching the stop line, you must stop or as near as practicable to, but before reaching, the stop line.

If there is no stop line at or near the lights and you can safely before reaching the lights, you must stop as near or as practicable to, but before reaching, the lights.

If you stop for the lights, you must not proceed until the lights are not showing.

Penalty notice: $464

Demerit points: 3

The maximum court issued penalty = $2,200.

Challenging camera evidence

The red light camera and speed camera systems in NSW are required to be maintained and regularly calibrated with records of all maintenance and calibration recorded.  It is possible to challenge the validity of the evidence produced by a camera. However, it can be complex, expensive and time consuming. You will need to obtain a copy to the camera’s operating manual as well as maintenance and calibration records of that particular camera. 

If you believe you were wrongly fined due to an operational camera error, contact our experienced traffic lawyers for assistance to obtain a copy of the operating manual and maintenance records.

Disclaimer

The above is general legal information and should not be considered legal advice. You should speak with one of our criminal lawyers for legal advice tailored to your specific legal matter. The penalties listed are maximum penalties. The courts deal with matters on a case by case basis. It should also be noted that there may be court delays due to COVID-19.

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Verified Reviews

Frequently Asked Questions.

There are two ways you can appeal a red light camera infringement:

  1. Request a review of your fine by Revenue NSW. You can request a review if you believe the fine was issued in error (e.g. your car was parked in your driveway at the time of the offence), you have extenuating circumstances (e.g. you were experiencing a medical episode) or you are requesting leniency because of your good driving history (you have a driving record that has been clear for the past 10 years). You may be required to submit evidence to support your review.
  2. Appeal your matter in the Local Court if you are unhappy with the outcome of the review. You can appeal your matter to the court instead of requesting a review, however, it is recommended you seek a review first to save you time and money. If you appeal your penalty notice to the court and are found guilty, you may receive a harsher penalty.

Time limits apply. You have 28 days from the date the penalty was issued to apply to Revenue NSW for a review of your penalty or to have your matter heard by the court. To appeal the decision of Revenue NSW, you will have until the date listed on your penalty reminder to lodge your application. If you have already paid your fine, you will have 90 days to lodge your appeal. Make sure you lodge your review or appeal as soon as possible.

You should check the date the offence is alleged to have occurred and then confirm who was driving your vehicle at the time. If you know who was driving the vehicle, you can nominate the driver on the Revenue NSW website or via stat dec. You will need to know the driver’s name, address, date of birth and the penalty number which is located on the fine. If you cannot remember the driver, you can request a copy of the photo taken, however, you may be required to pay a fee and there is no guarantee the face of the driver was caught on the camera. If you are unable to determine who was driving the vehicle, it is recommended that you seek legal advice.

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