Challenging an Infringement Notice
A person who wishes to challenge an infringement notice should request that the matter be either:
• reviewed by the Director of the Infringement Processing Bureau, or
• referred to the Local Court.
Requesting a review
A review must be requested before the time for payment has expired.
The request for the review should set out:
• the reasons for the request
• details of the person’s driving record.
The reasons should consist of facts that demonstrate either:
• innocence, or
• extenuating circumstances that may be sufficient excuse for committing the offence.
The review usually takes about six weeks.
Referral to the Local Court
If the matter is heard in the Local Court and the offence is dealt with without proceeding to conviction pursuant to Crimes (Sentencing Procedure) Act 1999 s.10, no demerit points will be recorded against the driver (Road Transport (Driver Licensing) Act 1998 s.14).
If the matter is heard in the Local Court and the driver is unsuccessful, the court may impose a fine higher than that in the traffic infringement notice.
Failure to respond to an infringement notice
If the person does not pay the fine or refer the matter to court, the State Debt Recovery Office, in cooperation with the RTA, may move to first suspend and then cancel the person’s driver’s licence or car registration, and will not permit their reissue until the fine has been paid (Fines Act 1996).