Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

NSW Fines: 2 Week Rule

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by ElmoNinja, Nov 2, 2015.

  1. Hello,



    As the title suggests, does the 2 week rule apply to fines in NSW?
    The 2 week rule being that, if you do not receive the fine within 2 weeks of the offence, it becomes void.

    Thanks
     
     Top
  2. The statute of limitations in NSW for traffic matters is 6 months.
     
     Top
  3. Nope, otherwise we would have everyone saying they never received their fines as its sent untraced.
    Ignoring fines though only makes them grow, change colours and make them say scary things ;)
     
     Top
    • Funny Funny x 2
  4. is that like the 5 second rule for food on the floor?

    where does have a 2 week rule?
     
     Top
  5. I think where 2-3 weeks might be a factor, is that's generally how long it takes for a camera fine to come in the mail via the automated system. Some people say if you don't get a camera fine after 2-3 weeks you can start to breathe easier.

    But ultimately camera or cop, the law in NSW is the police have 6 months issue a fine for traffic offences. After an accident it can take a while and an investigation to determine who cops a neg driving. Takes longer than 2 weeks for that.
     
     Top
  6. No such rule exists.

    6 months is the time limit for commencement of summary proceedings as per s 179 CPA 1986, 12 months if the matter is a penalty notice you have elected to be dealt with by the Local Court s 37 Fines Act 1996

    It is also not 6 months from the date of the offence, but from the date the Court Attendance Notice (CAN) is filed in the court registry, s 178(1) CPA 1986.

    If the charge is not laid within the required time limit, the court has no jurisdiction to hear the matter.

    Camera offences are given 12 months in NSW, not 6.

    Justus.
     
     Top
    • Informative Informative x 1
  7. Just to be clear..

    Unlike other states, in NSW there is no time limit imposed on NSW police to issue you with a TIN for a traffic offence which has been committed.

    See Fines Act 1996.

    Pursuant to s 10 LRC Act 1967 the then Attorney General requested the Law Reform Commission to take submissions into penalty notices. The inquiry finished 2 years later in 2012. See Media Release - Penal Notices 03.04.2012.

    Relevant questions seeking responses to by the Law Reform Commission were as follows:

    Timeframe for issuing a penalty notice
    5.40 In cases where the penalty notice is not issued on the spot, but some time after the commission of an offence, an issue arises as to the time limit within which an enforcement agency should be permitted to issue a penalty notice.

    5.41 One of the reasons justifying the inclusion of an offence within the penalty notice scheme is that the offence is one that can, and should, be dealt with swiftly. It follows that a penalty notice should be issued within a relatively short period of time. In Report 95, the ALRC suggested that an appropriate time limit is one year from the date of the breach of the statutory provision. Any longer undermines the policy underpinning the use of infringement notice schemes, namely that they provide a timely and cost-effective alternative to court proceedings.

    5.42 The reality is that for some offences a period of one year may be too long. A penalty notice should preferably be issued as soon after the date of the offence as possible so that the circumstances of the alleged offence are fresh in the mind of the alleged offender. Particularly where a notice is received in the mail, such as after an offence has been detected by camera, the alleged offender needs to be able to recall the incident to which the notice applies. A related issue is whether a penalty notice served outside a prescribed time limit would then be invalid.

    Question 5.7
    (1) Should the Fines Act 1996 (NSW) prescribe a period of time within which a penalty notice is to be served after the commission of the alleged offence? If so, what should the time limit be?

    (2) If the penalty notice is served after this time has elapsed, should the Act provide that the penalty notice is invalid?

    Question 5.8
    If it is inappropriate to prescribe a time limit in legislation, should agencies be required to formulate guidelines governing the time period in which a penalty notice should be served?

    Justus.
     
     Top
    • Informative Informative x 1