Traffic Law News

Young drivers be aware

October 13, 2014

YOUNG DRIVERS BE AWARE On 28 July 2014 a new Graduated Licensing Scheme replaced the old licensing system. It is important for young drivers on a provisional licence to be aware of the changes and, more importantly, how those changes will affect drivers. The main changes apply to P1 drivers under the age of 25…

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Courts get tough on truck drivers

September 22, 2014

COURTS GET TOUGH ON TRUCK DRIVERS In four separate cases in a row the Supreme Court has emphasised the need for Courts to be tough on penalties for heavy vehicle drivers who record false information in their work diaries or drive for excessive periods. Only a month ago the Supreme Court reviewed the penalties to…

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Penalties for driver’s work diary (logbook) offences

September 22, 2014

PENALTIES FOR DRIVER’S WORK DIARY (LOGBOOK) OFFENCES The Supreme Court has reviewed the penalties to be imposed on truck drivers who make false or misleading logbook entries when an interstate truck driver avoided serious penalties and received no conviction for making a false record in his work diary (or logbook). The truck driver pleaded guilty…

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Sentencing standards for driving disqualified or driving whilst suspended

September 11, 2014

SENTENCING STANDARDS FOR DRIVING DISQUALIFIED OR DRIVING WHILST SUSPENDED Penalties for driving licence offences imposed by Courts are set to increase significantly following a review by the Supreme Court of cases finalised over the last three years. The Court noted that the most common major penalty for driving licence offences was a fine and it…

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Licence disqualified for unpaid fines

July 7, 2014

LICENCE DISQUALIFIED FOR UNPAID FINES Did you know that you can have your licence disqualified because of a failure to pay fines – even parking fees – on time? Section 70M of the Criminal Law (Sentencing) Act, enables disqualification of a debtor’s driver’s licence if the driver has outstanding fines and has not made arrangements…

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What is an aggravated offence?

February 27, 2014

WHAT IS AN AGGRAVATED OFFENCE? In many cases when a person is charged with a criminal offence the wording of the charge states, “This is an aggravated offence.”  What does this mean and what is the significance of an offence being aggravated? Most “Aggravated Offences”, and the circumstances which constitute an “Aggravated Offence”, are outlined…

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Charged three times for the same offence?

April 8, 2013

CHARGED THREE TIMES FOR THE SAME OFFENCE? If you have been charged with a criminal offence or traffic offence, always seek legal advice because even if you admit the offences, you might have been charged incorrectly. It is not unusual for a person to be charged with a number of offences that are ‘duplicitous’ because…

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Court rules car forfeiture orders invalid

October 19, 2012

COURT RULES CAR FORFEITURE ORDERS INVALID The SA Supreme Court has ruled that the law compelling Courts to order the forfeiture of vehicles upon the application of police, following conviction for certain offences, was invalid. This decision could have potential implications for thousands of people who have had their car impounded by police or forfeited.…

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Things about expiation notices you may not know!

September 3, 2012

THINGS ABOUT EXPIATION NOTICES YOU MAY NOT KNOW! If you are alleged to have committed a traffic offence you may be issued with an Expiation Notice or ‘On the Spot Fine’. That notice may be issued by the police or any number of other authorities and you will need to pay the fine unless you…

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Penalties are changing for expiation notices

August 30, 2012

PENALTIES ARE CHANGING FOR EXPIATION NOTICES As of 1 September 2012 the penalties for speeding are changing. The changes that will come into force will result in lower fines but increased demerit points and are as follows: Speeding penalties from 1 September 2012 Exceeding the speed limit Demerit Points Expiation Fees * Expiation fees (Road…

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