When Does Overtaking Change into a Visitors Offence in New South Auckland?

January 22, 2024by Naomi Cramer


Being caught behind a slow-moving car could be irritating, particularly if you’re working late for work or a gathering, or have had a tough day and simply need to get residence.

Nevertheless it’s essential to bear in mind that unsafe overtaking not solely poses a threat to you and different highway customers, however can put you on the improper facet of the legislation by leading to a visitors tremendous and even land you in court for a significant visitors offence equivalent to negligent driving and even reckless or harmful driving.

Right here’s a rundown of the offences, penalties and defences that will apply to dangerous overtaking on New South Auckland roads.

Overtake solely when secure to take action

The overarching rule beneath the Street Guidelines 2014 (NSW)  is that you will need to not try and overtake one other car until it’s secure to take action.

This rule is embodied in Regulation 140 of the Street Guidelines which makes clear {that a} driver should not overtake one other car until she or he:

  • Has a transparent view of any approaching visitors, and
  • Can safely overtake the car.

Breaking this rule comes with a penalty discover of $387 and a pair of demerit factors on the time of writing, or a most tremendous of $2,200 if the motive force elects (chooses) to take the matter to court.

Within the occasion the motive force takes the matter to court after which pleads responsible or is discovered responsible, she or he will likely be fined and accrue the identical variety of demerit factors as within the penalty discover (which is 2 on this case) until the Justice of the Peace offers with the matter by means of a non-conviction order equivalent to a bit 10 dismissal.

For sure, there will likely be no conviction for the offence if the motive force takes the case to a defended listening to and there’s a discovering of not responsible.

family: ‘Barlow Semi Condensed’, ‘Arial Slender’, sans-serif; font-size: 1.4rem; font-weight: 500;”>Overtake to the left provided that particular circumstances apply

Beneath Regulation 141 of the Street Guidelines a driver (which excludes the rider of a bicycle) should not overtake a car to the left of the car until:

  • the motive force is driving on a multi-lane highway and the car could be safely overtaken in a marked lane to the left of the car, or
  • the car is popping proper, or making a U-turn from the centre of the highway, and is giving a proper change of route sign and it’s secure to overhaul to the left of the car, or
  • the car is stationary and it’s secure to overhaul to the left of the car, or
  • the motive force is ‘lane filtering’ on a motor bike.

Failure to observe this rule presently attracts a penalty discover within the quantity of $215 and a pair of demerit factors, or a most tremendous of $2,200 if the motive force elects to take the matter to court.

Overtaking to the appropriate of a car turning proper

Regulation 143 of the Street Guidelines stipulates {that a} driver should not overtake to the appropriate of a car if that car is popping proper, or making a U-turn from the centre of the highway, and is giving a proper change of route sign.

‘Turning proper’ beneath this rule doesn’t embody making a hook flip.

Being detected for contravening this rule will result in a tremendous of $302 and a pair of demerit factors, or a tremendous of as much as $2,200 if the case is taken to court.

Overtaking ‘don’t overtake while turning’ autos

Beneath Regulation 143(1) of the Street Guidelines, a driver should not drive previous, or overtake, to the left of a car displaying a ‘don’t overtake turning car’ signal if the car is popping left and is giving a left change of route sign, until it’s secure to take action.

One other offence is printed beneath Regulation 143(1A) of the Guidelines, which supplies {that a} driver should not drive previous, or overtake, to the left of a car displaying a ‘don’t overtake turning car’ signal until:

  • the motive force is driving on a multi-lane highway and the car could be safely overtaken in a marked lane to the left of the car, or
  • the car is popping proper, or making a U-turn from the centre of the highway, and is giving a proper change of route sign and it’s secure to overhaul to the left of the car, or
  • the car is stationary and it’s secure to overhaul to the left of the car.

And Regulation 143(2) states a driver should not drive previous, or overtake, to the appropriate of a car displaying a ‘don’t overtake turning car’ signal if the car is popping proper, or making a U-turn from the centre of the highway, and is giving a proper change of route sign, until it’s secure to take action.

Breaking any of those guidelines will entice a penalty discover of $302 and a pair of demerit factors, or a tremendous of as much as $2,200 if the matter is taken to court.

Holding a secure distance when overtaking

Beneath Regulation 144 of the Guidelines, a driver, when overtaking, should:

  • move the car at a enough distance to keep away from a collision with the car or obstructing the trail of the car, and
  • not return to the marked lane or line of visitors the place the car is travelling till the motive force is a enough distance previous the car to keep away from a collision with the car or obstructing the trail of the car.

Failure to observe this rule carries a tremendous of $387 and a pair of demerit factors, or a most penalty of $2,200 if the matter is taken to court.

Following ‘no overtaking or passing’ signage

The Guidelines define various offences associated to overtaking when ‘no overtaking or passing’ indicators are current together with:

  • overtaking a car on a bridge or size of highway to which a ‘no overtaking or passing signal’ applies (regulation 93); and
  • overtaking on a bridge the place a ‘no overtaking on bridge’ signal applies (regulation 94)

Failure to observe both of those guidelines comes with a penalty discover of $272 and a pair of demerit factors, or a most tremendous of $2,200 if an election is made to take the matter to court.

Overtaking at crossings

Lastly, Regulation 82 of the Guidelines states {that a} driver approaching a children’s crossing, or pedestrian crossing, should not overtake or move a car that’s travelling in the identical route as the motive force and is stopping, or has stopped, to offer option to a pedestrian on the crossing.

Breaking this rule comes with a penalty discover within the sum of $364 and three demerit factors, or a most tremendous of $2,200 if the matter comes earlier than a court.

Main visitors offences

And if the above offences aren’t sufficient, drivers must be conscious that failing adhere to the requirements of a fairly prudent driver by having a passenger breach a number of of the above guidelines can probably quantity to the offence of negligent driving.

Negligent driving is taken into account to be a significant visitors offence and the penalties rely upon whether or not or not an individual was significantly injured, or worse.

The next desk lists the penalties for negligent driving offences:

Related part When you’ve got been charged with… The utmost penalty is…
S 117(1)(a) Street Transport Act 2013 Negligent driving occasioning loss of life First offence: A tremendous of $3,300 and/or 18 months imprisonment. The ‘automated’ interval of disqualification is 3 years, however the court can cut back this to a minimal disqualification interval of 12 months. The utmost disqualification is limitless.

Second/subsequent offence: A tremendous of $5,500 and/or 2 years imprisonment. The ‘automated’ interval of disqualification is 5 years, however the court can cut back this to a minimal disqualification interval of two years. The utmost disqualification is limitless.

S 117(1)(b) Street Transport Act 2013 Negligent driving occasioning grievous bodily hurt First offence: A tremendous of $2,200 and/or 9 months imprisonment. The ‘automated’ interval of disqualification is 3 years, however the court can cut back this to a minimal disqualification interval of 12 months. Nonetheless, the utmost disqualification is limitless.

Second/subsequent offence: A tremendous of $3,300 and/or 12 months imprisonment. The ‘automated’ interval of disqualification is 5 years, however the court can cut back this to a minimal disqualification interval of two years. The utmost disqualification is limitless.

S 117(1)(c) Street Transport Act 2013 Negligent driving NOT inflicting loss of life or grievous bodily hurt A tremendous of $1,100. The court can also select to disqualify you from driving for 12 months.

Within the occasion the driving conduct is alleged to be much more egregious, a driver could also be charged with an much more critical main visitors offence equivalent to reckless driving or harmful driving, which carry even harsher most penalties.

Difficult an unsafe overtaking allegation

It is very important bear in mind that the onus rests on the prosecution to show any of the above offences past an inexpensive doubt.

That being so, those that imagine that had been on the appropriate facet of the legislation in relation to a penalty discover can can apply for a assessment or, if that is refused, elect (select) to take the matter to court and put the prosecution to proof; in different phrases, make them show the allegations.

Further arguments put forth in court when defending such allegations embody:

  • The offence didn’t happen as alleged, or in any respect,
  • Another person dedicated the offence (misidentification)
  • The penalty discover is invalid, as a consequence of an error in or insufficiency of fabric particulars, and/or
  • An emergency justified the violation or the conduct occurred because of being threatened with imminent critical hurt.

It is very important rigorously contemplate whether or not to elect to take a penalty discover to court, because it can lead to a harsher penalty than that which comes with the penalty discover.

That stated, a court additionally has discretion to cope with the matter by means of a non-conviction order equivalent to a bit 10 dismissal within the occasion you want to plead responsible or are discovered responsible and search leniency.

Getting a non-conviction order means there isn’t any tremendous or demerit factors.

Going to court over a visitors offence?

In case you are you going to court to contest a visitors offence, name Sydney Criminal lawyers anytime on 9261 8881 to rearrange a free first convention throughout which one in all our knowledgeable visitors lawyers will assess the case, advise you of your choices and one of the best ways ahead, and combat for the optimum end result.



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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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