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Driving

Getting your licence and learning to drive is a big step in becoming independent. Being able to drive yourself and your friends to and from parties, or when you’re going out on a Saturday night is great. But you need to know about the laws that apply to you from the second you turn the key in the ignition - laws about drinking and driving, drugs, speeding, hooning, causing accidents, wearing seat belts and more.

This section summarises the laws relating to driving and what can happen if you break these laws. Click on the topics below to find out more:

• What happens if I break the driving laws in NSW?
• Alcohol, Drugs and Driving
• Speeding
• Hooning
• Driving Without a Licence
• Other Driving Offences

What happens if I break the driving laws in NSW?

On-the-spot fines, or penalty notices are issued for many driving-related offences, like speeding, not wearing a seatbelt, and driving without a licence. You can challenge a fine by taking it to court.

In very serious cases police won’t issue an on-the spot fine, but will charge you and take the matter to court. Serious offences, like driving under the influence of alcohol or drugs and dangerous or negligent driving causing death or injury will always go to court.

For some offences you'll be disqualified from driving. There are set (automatic) disqualification periods that apply unless a court makes a different decision. A court can change this automatic disqualification period, and make it shorter, or much longer. In very serious cases police can suspend and confiscate your licence immediately.

For example, if you've committed a serious alcohol -related offence, or where there has been a death or serious injury. Police can also confiscate your car or motorbike to any place for safekeeping. A court may also order that you pay the costs of removal and safekeeping.

There are also prison sentences for some very serious offences. For example, for reckless or dangerous driving, where there is a death or injury, or for driving when your licence has been suspended, disqualified or cancelled.

The Local Court can give children’s penalties to under 18 year olds. The Local Court can send a child to a juvenile detention centre, but not to prison. See WHAT HAPPENS IF I BREAK THE LAW? for more on the way the law treats you if you are under the age of 18.

There’s more information below about alcohol, drugs and driving, speeding, hooning, driving without a licence, and other driving offences

Alcohol, Drugs and Driving

Alcohol and Driving

If you’re 18 years of age, and you're out having a good time, you'll probably have a drink or two. But keep in mind that there's a legal limit to how much you can drink if you're planning to drive, ride a motorbike, or supervise a friend who's a learner driver.

It's against the law to drive or try to drive, to ride or try to ride a motorbike, or to supervise a learner driver if you’re under the influence of alcohol, or you're over the alcohol limit that applies to you.

If you're a learner or provisional (P1 and P2) driver, it's against the law for you to have any alcohol at all before you drive or ride. Drugs and Driving

It's against the law to drive or try to drive, to ride or try to ride a motorbike, or to supervise a learner driver if you've had any, or a combination of these illegal drugs:

• THC (cannabis) • speed or ice • MDMA or ecstasy

It's also against the law to drive or try to drive, to ride or try to ride a motorbike, or to supervise a learner driver under the influence of any other drug such as morphine (unless it’s for a medicinal purpose), heroin or cocaine. How can alcohol and drugs affect you on the road?

One out of every five fatal road accidents in NSW involves someone who has had too much alcohol. And most people who are killed in NSW road accidents are young males. Any amount of alcohol - no matter how small - can affect your ability to drive a motor vehicle or ride a motorbike, or to supervise a learner driver.

Like alcohol, drugs can also have dangerous effects on your road skills. Studies have shown, for example, that a commonly used drug like cannabis (marijuana) can more than double your risk of crashing.

Alcohol and drugs can reduce your ability to control your vehicle and your ability to supervise a learner driver by:

• impairing your judgment, your concentration, your coordination and your visual perception,
• reducing your ability to react properly and quickly to conditions and situations on the road,
• making you more aggressive and causing you to take risks you normally wouldn't take on the road, and
• making you anxious, drowsy or dizzy.

Alcohol and drugs can remain in your system even the day after you've had them (in some cases even longer). Driving or riding a motorcycle with a hangover, or when you're coming down after taking drugs is dangerous. Mixing drugs and alcohol will make you even more dangerous on the road. Going out on the road after you've had two or three beers and a joint at a party, for example, is going to put your life and the lives of others on the road, at even greater risk than if you'd just had the beers.

Some legal drugs (prescription and "over the counter" medications), like sedatives, allergy medications and sleeping pills, can also seriously affect your road skills.

If you're taking drugs as medication ask your doctor or pharmacist

• whether it's safe to drive or ride a motorbike and
• whether it's safe to drink alcohol while you're using that medication.

Alcohol Limits

Any amount of alcohol - no matter how small - can affect your ability to drive a motor vehicle or ride a motorbike, or to supervise a learner driver. Here's what you need to know about the legal alcohol limits in NSW. The alcohol limits that apply to everyone on the road are based on a measurement called Blood Alcohol Concentration (BAC) - that's the concentration, or level, of alcohol in your blood.

The amount of alcohol you have in your body is measured in grams of alcohol per 100 millilitres of blood. The alcohol limit that applies to you depends on the type of licence you have, and, in some cases the type of vehicle you're driving.

A ZERO BAC limit applies to you if you have a:

• Learner's licence, or
• Provisional P1 licence, or
• Provisional P2 licence.

That means you must not consume ANY alcohol if you're planning to drive or to ride a motorbike. The 0.02 BAC limit applies to drivers of trucks, buses, and other public passenger vehicles and vehicles that carry dangerous loads.

If the zero limit and the 0.02 limit do not apply to you, a 0.05 BAC limit will apply.

So, if you're out partying or just having a drink with your friends, you need to know how many drinks you've had before you go out on the road. Remember, even one drink will take you over the limit if you're an "L" or "P" plate driver. If you want to know how many drinks could take you to the 0.05 limit, read this:

Road Safety, Drugs and Alcohol

Drink driving and drug driving penalties You could be heavily fined and lose your licence if you’re caught driving or riding, trying to drive or ride, or supervising a learner driver when:

• you're over the alcohol limit that applies to you
• you have any, or a combination of the following drugs in your saliva, blood or urine :

            THC (cannabis) - speed or ice - MDMA or ecstasy

• you have any, or a combination of the following drugs in your blood or urine :

• heroin or morphine (unless you prove you're using the morphine for a medicinal purpose)
• cocaine.

• you're under the influence of alcohol and/or other drugs

In some cases police can suspend and confiscate your licence immediately. Police can also confiscate your car or motorbike. In some cases, you could go to prison.

For more information on penalties for drink driving and drug driving, click here.

Random Testing for Alcohol and Drugs

Police can random drug test people driving or riding on the road, as well as random breath testing for alcohol. You can be pulled over and tested when you're sitting next to a friend who's driving as a learner driver (supervising a learner driver), when you're driving or riding yourself, or even when you're just putting your keys in the ignition.

If you fail or refuse to do these tests, you can be arrested and taken to a police station or a hospital for tests.

If you're involved in an accident on NSW roads and end up in hospital for treatment, medical staff will test you for alcohol and drugs. You'll be tested even if you were just walking or riding a bicycle when the accident happened. If you're involved in an accident where there is a fatality, police can arrest you and take you to a hospital for alcohol and drug tests. Your consent is not required for any of these tests.

If you:

• fail these tests, or
• refuse or fail to do the tests properly, or
• try to alter your alcohol or drug levels so they don't show up in the test results, or
• try to prevent police or medical staff from taking test samples from you or anyone else,
• you could be fined, lose your licence and/or go to prison. Random Breath Testing Police have
• the power to randomly breath test you for alcohol if they reasonably believe you are or were:

• driving a motor vehicle or
• riding a motorcycle
• occupying the driving seat and attempting to drive a motor vehicle or ride a motorcycle, or
• supervising a learner driver.

If you refuse or fail the breath test, you could also be fined up to $1,100.

You can also be arrested and taken to a police station for a breath analysis if:

• the breath test result shows that you may be over the limit that applies to you,
• you refuse to be breath tested, or
• if you fail to do the breath test as instructed by police.

If you refuse or fail to submit to a breath analysis as instructed by police after you've been arrested, you could go to prison for up to 18 months and be fined up to $3,300. If you repeat the offence, you could go to prison for up to 2 years and be fined up to $5,500.

Random Drug Testing Police have the power to make you undergo one or more saliva tests for THC (cannabis), speed/ice, MDMA or ecstasy if they reasonably believe you are or were:

• driving a motor vehicle or
• riding a motorcycle
• occupying the driving seat and attempting to drive a motor vehicle or ride a motorcycle,
• or supervising a learner driver.

If you refused to or failed to do the saliva test when you were pulled over you could also be fined up to $1,100.

You'll be arrested and taken to a police station for further testing if a saliva test result shows that:

• you may have THC, speed/ice, MDMA or ecstasy in your saliva, or
• you refuse to do the saliva test, or
• you fail to do the saliva test as instructed by police.

If you're unable to give a saliva sample after you've been arrested, the police can demand that you give a blood sample instead. If you refuse or fail to do this, you could be fined up to $3,300. If you repeat this offence, you could go to prison for up to 18 months and be fined up to $5,500.

Sobriety Assessment If you pass a random breath test, but the way you are or were driving or riding, or attempting to drive or ride makes police think you that you might be drug affected, the police will do a sobriety assessment . If you refuse to be assessed, or if you fail the sobriety assessment, the police will arrest you and take you to a hospital for blood and urine samples to be taken.

• If you refuse or fail to submit to a sobriety assessment by police, you could be fined up to $1,100.
• If you refuse or fail to submit to the taking of a blood or urine sample at the hospital, you could be fined $3,300 and imprisoned for up to 18 months.
• If you repeat this offence you could be fined up to $5,500 and go to prison for up to 2 years.
• If you're involved in a fatal accident and you're not admitted to hospital for treatment
• If you're involved in an accident where there is a fatality, as a driver, motorbike rider or while supervising a learner driver, the police can arrest you and take you to a hospital for blood and urine tests. Police can also do this if there are no fatalities at the time of the accident, but someone is seriously injured and it's likely that person will die within 30 days as a result of the accident.
• If you refuse or fail to submit to the taking of a sample of blood or providing a sample of urine, you could be fined $3,300 and/or imprisoned for up to 18 months.
• If you repeat this offence, you could be fined up to $5,500 and/or imprisoned for up to 2 years.
• If you're involved in an accident and you're taken to hospital for treatment.
• If you're involved in an accident and you have to be taken to hospital for treatment, you'll be tested for alcohol and drugs at the hospital.
• If you've attended hospital for examination within 12 hours after the accident happened, medical staff must, by law, to take a blood sample from you for analysis. Medical staff don't need your consent to take this blood sample. A blood sample will be taken even if you were riding a bicycle, a horse or just walking when the accident happened.

Circumstances in which you won't be tested for alcohol or other drugs You won't have to do a do a breath test, breath analysis, saliva test or provide samples of saliva if :-

• it's been more than 2 hours since you drove or rode a motorbike, or attempted to do so, or
• it's been more than 2 hours since you supervised a learner driver.

You won't have to do a breath test, breath analysis, saliva test, or provide samples of saliva, blood or urine if:

• you're injured and it would be dangerous to test you or take a sample from you,
• you've been admitted to hospital for treatment and testing you or making you provide a
• sample would interfere with your care or treatment,
• you're at home.

You won’t have to provide blood or urine samples if you haven't gone to hospital for treatment following an accident, and it's been more than 4 hours since:

• you drove or rode a motorcycle, or attempted to do so, or
• you supervised a learner driver, or
• the fatal accident you were involved in happened.

If you're under 15:

• medical staff don't have to take blood and urine samples from you if you've been arrested
• and taken to hospital for tests following a sobriety assessment, or refusal or failure to do a
• sobriety assessment;
• you won't have to give blood samples at the hospital if you've been taken to hospital for
• treatment following an accident;
• you won't be arrested and taken to a hospital for blood and urine tests following a fatal accident.

Speeding

Speeding is the biggest killer of young people on the road. Speeding also contributes to over 4,700 injuries a year. The faster you go, the more likely you are to have an accident, and the harder the impact will be when you crash.

Even low-level speeding will hugely increase your risk of crashing. For example, if you're in a 60km/hour zone and you're doing 65 km/hour, your risk of crashing doubles. If you're doing 70km/hour instead of 60km/hour, your risk goes up by 4 times. At 75 km/hour your risk of crashing increases by 11 times, and at 80km/hour it increases by 32 times.

Always drive at or less than the speed limit. At night, when it's wet, and on unfamiliar roads you should drive below the speed limit. Don't forget that you can never go over 80 km/hour if you're a learner, 90km/hour if you're a Provisional P1 driver and 100km/hour if you're a Provisional P2 driver.
There are heavy penalties for speeding.

Speeding offences and penalties

If you're caught speeding:

• you'll be fined between $81 - $1,784 depending on how far above the speed limit you were and whether you were in a school zone. If you go to court, you could be fined up to $2,200 even if you were going less than 15 km/hour over the speed limit and you were in a non-school zone, and
• you'll lose up to 7 demerit points. On public holiday long weekends, you'll lose double demerit points
• you could also lose your licence for 3 - 6 months (or more if you go to court). If police catch you speeding by more than 45 km/hour over the limit, you could have your licence taken away from you on the spot - so you won't even be able to drive yourself back home. P1 licence holders will have their licence suspended for 3 months for any speeding offence.

You can also end up in prison if you're caught speeding. If you drive or ride at a dangerous speed, you could be sent to prison for 9 months as well as being fined $2,200 (for a first offence) or sent to prison for 12 months and/or be fined $3,300 (for a repeat offence).

If you're driving dangerously, and you're involved in an accident in which someone is killed or seriously injured you could be sent to prison for several years.
Hooning – racing, burnouts and wheelies

Street racing, and doing burnouts, wheelies and donuts are against the law and tough penalties apply.

If you organise or take part in drag races or any other type of street race, you’ll lose your licence for up to 12 months and you may have to pay a fine of up to $3,300. If you’re caught a second time, you could get another$3,300 fine and/or go to prison for up to 9 months.

If you’re caught doing burnouts, wheelies or donuts in your car, you may be fined a maximum between $1,100 and $3,300 the first time, and in some cases you could also go to prison for up to 9 months. The next time, you’ll automatically lose your licence for 12 months, and you may have to pay a fine of up to $3,300 and/or go to prison for up to 9 months.

Not only do you risk getting a fine, but police can take your car away from you for up to 3 months for a first offence if you’re caught drag racing, doing wheelies, burn-outs, donuts etc. If you’re caught a second time, your car might be taken and not returned to you at all.

It’s not just the hoon drivers who can get into trouble. There are similar penalties for anyone else who willingly participates in these activities. This includes watching, encouraging, organising, promoting, photographing or filming these activities for promotional purposes.


Driving without a licence

Driving a car or riding a motorbike without a valid licence is against the law.

You could be fined $609 on the spot, or up to $2,200 by a court (first offence) if you're caught driving or riding and

• you've never had a licence, or
• you haven't held a licence in Australia for the last 5 years,

You could also be disqualified from getting your licence for a while. If you repeat this offence, you could be fined up to $3,300 and/or go to prison for up to 18 months. You also won't be allowed to get a licence for at least another 3 years,

You could be fined up to $3,300 and/or go to prison for up to 18 months for a first offence if you're caught driving or riding after:

• you've been disqualified from driving, or
• your licence application has been refused, or
• your licence has been suspended or cancelled

You also won't be allowed to get a licence for at least another 12 months. For a repeat offence you could be fined up to $5,500 and go to prison for up to 2 years. You won't be allowed to get a licence for at least another 2 years.

Other offences related to dangerous, careless and reckless driving

It’s against the law to drive or ride a motorbike dangerously, carelessly, or recklessly. Penalties for these offences can be very heavy. You can be fined, lose demit points, lose your licence, and have your car or motorcycle confiscated by police. Police will sometimes even suspend and confiscate your licence on the spot. In some serious cases there are prison sentences. The penalties are even more severe if someone dies or is injured.

If you want to know more about penalties for these driving-related offences, click here.

Driving causes death or injury

If you're involved in an accident where someone is killed or injured, you could be charged with serious offences that carry very heavy penalties. You'll be disqualified from driving or riding for at least 12 months for a first offence. For a repeat offence you'll be disqualified for at least 2 years.

Whether you're a first time offender, or a repeat offender, there's no limit on how long a court could disqualify you for - it could be for years, or it could be for life. There are also heavy fines as well as prison sentences. Fines and prison sentences are listed below.*

Negligent driving

If you're driving or riding negligently (without taking reasonable care) and : - someone is killed : up to $3,300 fine and/or 18 months in prison (first offence), and/or up to $5,500 fine and 2 years in prison (repeat offence), - someone is seriously injured: up to $2,200 fine and/or 9 months prison (first offence) and/or up to $3,300 or 12 months in prison (repeat offence), - even if someone isn’t killed or seriously injured, you could be fined up to $1,100.

Furious or reckless driving

If you're driving or riding furiously, recklessly, at a dangerous speed, or in a dangerous way: - up to $2,200 fine and/or 9 months imprisonment for a first offence - up to $3,300 fine and/or 12 months imprisonment for a repeat offence

Failing to stop and assist after an accident causing injury, grievous bodily harm or death If you're involved in an accident you must always stop to help possible accident victims. If someone is injured, seriously injured, or killed and you don't stop to give whatever help is needed and that you could give, you could go to prison.

If you don’t stop to help and:

1. someone was injured and you knew or should have known that someone was injured - you could be fined up to $3,300 and/or sent to prison for 18 months (for a first offence) or fined up to $5,500 and/or sent to prison for 2 years (in the case of a repeat offence)
2. someone was seriously injured and you knew or should have known someone was either killed or seriously injured, you could, be sent to prison for up to 7 years, or
3. if someone was killed and you knew or should have known someone was killed or seriously injured, you could be sent to prison for up to 10 years

Dangerous driving causing death or grievous bodily harm

If you're driving or riding dangerously or under the influence of alcohol or drugs, and someone is seriously injured: 7-11 years imprisonment.

If you're driving or riding dangerously or under the influence of alcohol or drugs, and someone is killed: 10- 14 years imprisonment

Manslaughter

In very serious cases where someone is killed because of the way in which you were driving or riding, you could be charged with manslaughter instead of dangerous driving. The penalty is up to 25 years imprisonment.

Injuries caused by "furious" driving

If you cause any physical harm to someone because you were driving or riding in a "furious" or in a deliberately careless way: up to 2 years imprisonment. **Note: Fines listed here are the maximum fines that can be imposed by a court. The license disqualification periods that are listed are the minimum and maximum periods that can be imposed by a court.
To find out what the automatic disqualification period is for each offence (how long you'll be disqualified for if a court has not set a disqualification period), click here.