NEW SOUTH WALES

NSW Traffic Law NSW

In shortThis is the starting point for Boorman Lawyers' New South Wales traffic law guides. Each guide explains one topic under NSW law, mainly the Road Transport Act 2013, with sources and the date checked. NSW has no work licence, so police suspensions, court disqualifications and interlock orders are the key licence issues.

Offences and penalties: drink driving, drug driving, dangerous driving and other serious offences, with maximum penalties and disqualification periods.
Keeping your licence: suspension appeals to the Local Court, mandatory interlock orders and section 10 orders. NSW has no work licence.
Going to court: the Local Court process, traffic offenders programs and appeals to the District Court.

New South Wales law · law checked 23 Oct 2026

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What's on this page

Choose your NSW traffic law topic

These guides explain New South Wales law only, in plain English, for drivers and their families. Each one sets out the relevant sections, what they mean in practice, and the sources we checked. If you have been charged in another state, the law there is different, and Queensland in particular has a work licence system that NSW does not.

Drink driving offences

The PCA categories (novice, special, low, mid and high range), who is on a zero or 0.02 limit, how breath and blood testing works under Schedule 3, and what police must prove. See drink driving offences in NSW.

Drink driving penalties

Maximum fines and imprisonment under Road Transport Act 2013 s 110, automatic and minimum disqualification periods under s 205, first and second offences within 5 years, and the penalty notice pathway for some first offences. See drink driving penalties NSW.

Drink driving defences

What the prosecution must prove, the 2-hour presumption in Schedule 3 cl 31, testing time limits, honest and reasonable mistake, and when evidence may be excluded. See drink driving defences NSW.

Drug driving offences and penalties

The difference between driving with a prescribed illicit drug present (s 111) and driving under the influence (s 112), oral fluid testing, refusals, penalties and disqualification. See drug driving offences and penalties NSW.

High range PCA guideline judgment

How the Court of Criminal Appeal's guideline judgment for high range PCA ([2004] NSWCCA 303) still shapes sentencing, and how it sits with the mandatory interlock scheme. See high range PCA guideline judgment.

Licence suspension appeals

Appealing a Transport for NSW or immediate police suspension to the Local Court, the 28-day time limit, the exceptional circumstances test and what the court considers. See licence suspension appeals NSW.

Alcohol interlock laws

When a mandatory interlock order applies, the disqualification and interlock periods, exemption orders under s 212, costs and what happens if you breach the program. See alcohol interlock laws NSW.

Avoiding a conviction (section 10)

How section 10 of the Crimes (Sentencing Procedure) Act 1999 works for traffic offences, what the court considers, and the 5-year limit in Road Transport Act 2013 s 203. See section 10 no conviction drink driving NSW.

DUI court process guide

From the Court Attendance Notice to the first mention and sentencing day, and how to prepare. See NSW DUI court process guide.

Traffic offenders program

How the Traffic Offender Intervention Program works, approved providers, timing and how courts can use it. See NSW traffic offenders program.

Dangerous and negligent driving

Driving furiously, recklessly or dangerously, negligent driving with or without injury, and the Crimes Act offences for death or serious injury. See dangerous driving NSW.

Other serious traffic offences

Driving while disqualified or suspended, police pursuits, extreme speeding, failing to stop after a crash, hoon offences and test refusals. See other traffic offences NSW.

Courts, costs and common questions

The Local Courts we attend across NSW, how our costs work, and answers to 50 common questions. See NSW courts we attend, costs and the NSW traffic law FAQs.

How NSW traffic law fits together

Most NSW traffic offences are created by the Road Transport Act 2013 and the Road Rules 2014. Testing powers for alcohol and drugs are in Schedule 3 of the Act. The most serious driving offences, such as dangerous driving occasioning death or grievous bodily harm and police pursuits, are in the Crimes Act 1900. Sentencing options, including section 10 orders, conditional release orders and community correction orders, are in the Crimes (Sentencing Procedure) Act 1999.

Traffic matters are usually dealt with in the Local Court. Some serious Crimes Act offences are dealt with in the District Court. An appeal against a Local Court sentence goes to the District Court, generally within 28 days (Crimes (Appeal and Review) Act 2001 s 11).

There are three separate licence consequences to keep apart:

Immediate suspension by police under s 224, which usually lasts until the charge is decided. You can appeal it to the Local Court, but only on exceptional circumstances.
Suspension by Transport for NSW, for example for demerit points or speeding, which has its own appeal process.
Disqualification by the court on conviction, under s 205 for major offences, or a mandatory interlock order under s 211 for mid range, high range and certain repeat offences.

NSW does not have a work licence or restricted licence for disqualified drivers. Once disqualified, you cannot drive at all. For offences with a mandatory interlock order, you may return to driving with an interlock device after a shorter disqualification.

Penalty units and repeat offences

Maximum fines in the Road Transport Act 2013 are expressed in penalty units. A penalty unit is currently $110 (Crimes (Sentencing Procedure) Act 1999 s 17). Many offences have higher maximum penalties and longer disqualification periods for a second or subsequent offence. For PCA and drug driving, an offence is usually treated as a second offence if you were convicted of a major offence in the previous 5 years.

The first week after a charge

What you do soon after a charge can affect your licence and your options. In most cases it helps to:

Read your paperwork. Check the Court Attendance Notice for the charge, court, date and time, and check whether you were given an immediate suspension notice or a penalty notice.
Stop driving if you are suspended. Driving while suspended is a separate offence under s 54, with a maximum of 30 penalty units and/or 6 months imprisonment for a first offence.
Diary the deadlines. A suspension appeal generally has to be filed within 28 days. An appeal against an immediate police suspension must also be made before the charge is decided.
Get the police facts. The facts sheet and any test certificates show what police allege and may reveal issues with the testing or procedure.
Start your preparation. If you are likely to plead guilty, enrolling in an approved traffic offenders program and asking referees to start their letters gives you time to have the material ready.

Interstate and Queensland drivers charged in NSW

If you hold a Queensland or other interstate licence and are charged in NSW, the NSW court applies NSW law. A NSW disqualification generally affects your right to drive in NSW, and your home state may also act on it under its own laws. Queensland's work licence and special hardship order rules do not apply to a NSW charge. If you are charged in NSW, get advice about both the NSW consequences and how your home state may treat the outcome.

Which court will hear my matter?

Your matter is usually listed at the Local Court nearest to where the offence is alleged to have happened. That court is named on the Court Attendance Notice. In some cases a matter can be transferred to another Local Court. Serious Crimes Act driving offences may be dealt with in the District Court. Use our NSW courts we attend page to find information about your courthouse.

Getting legal help

Every traffic matter turns on its own facts: the charge, the reading, the licence you held, your history and why you need to drive. Getting advice early gives you time to check the police facts, meet deadlines such as the 28-day limit for a suspension appeal, and complete a traffic offenders program before sentence. We can appear for you at Local Courts across NSW.

Call 1300 941 900 or make an enquiry about legal representation.

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NSW traffic law FAQs

Can I get a work licence if I am charged with drink driving in NSW?

No. NSW does not have work licences or restricted licences like Queensland. If you are disqualified in NSW, you cannot drive at all during the disqualification period. Depending on your circumstances, it may be possible to argue for a disqualification at the lower end of the legal range, to appeal an immediate suspension on exceptional circumstances, or to seek a section 10 order.

What is a section 10 order in NSW?

A section 10 order lets the court find the offence proved without recording a conviction. No fine is imposed and the automatic disqualification provisions do not apply. It is discretionary, and it is not available for an applicable offence if you had one for another applicable offence in the previous 5 years (Road Transport Act 2013 s 203). See section 10 no conviction drink driving NSW.

What are the drink driving penalties in New South Wales?

They depend on the PCA category and whether it is a first or second offence. Low range is 0.05 to under 0.08, mid range is 0.08 to under 0.15, and high range is 0.15 or more. Some first low range offences are dealt with by a penalty notice and a 3-month suspension. Mid and high range offences usually lead to an immediate police suspension, a court-imposed disqualification and a mandatory interlock order, and high range offences can attract imprisonment. See drink driving penalties NSW.

Can I appeal a licence suspension in NSW?

Often, yes. Suspensions by police and many suspensions by Transport for NSW can be appealed to the Local Court, generally within 28 days of being notified. Appeals against immediate police suspensions need exceptional circumstances. See licence suspension appeals NSW.

Do you attend courts throughout New South Wales?

Yes. We can appear for you at Local Courts across NSW, from the Downing Centre and Parramatta to Newcastle, Liverpool, Penrith, Wollongong, Gosford and regional courts. See NSW courts we attend.

What is an alcohol interlock device and do I need one?

An alcohol interlock is a breath testing device fitted to your vehicle that stops it starting if alcohol is detected. In NSW, a mandatory interlock order applies to mid range and high range PCA, breath analysis refusal and certain repeat offences, unless an exemption order is made on the limited grounds in s 212. See alcohol interlock laws NSW.

Can I avoid a criminal conviction for drink driving in NSW?

Sometimes, through a section 10 order, including a conditional release order without conviction. The court considers your character, antecedents, age, health, the seriousness of the offence and any extenuating circumstances. Whether one is realistic depends on your reading, your record and your material.

What should I bring to my first appointment about a NSW traffic matter?

Your Court Attendance Notice, the police facts sheet, any suspension notice, your licence, your traffic history if you have it, and any material about your circumstances, such as an employer letter, references, medical reports or a traffic offenders program certificate. If you do not have everything yet, we can help you obtain the police documents.

Sources and date checked

Sources and references for this page, checked 23 Oct 2026.

Road Transport Act 2013 (NSW) — checked 21 Oct 2026
Crimes (Sentencing Procedure) Act 1999 (NSW) — checked 21 Oct 2026
Crimes (Appeal and Review) Act 2001 (NSW) — checked 21 Oct 2026
Crimes Act 1900 (NSW) — checked 21 Oct 2026

This page is general information about New South Wales law only. It is not legal advice. Every matter turns on its own facts.

NSW Traffic Law

Choose your NSW traffic law topicNSW

Guides for New South Wales traffic law matters.

NSWDrink Driving OffencesRead guide →NSWDrink Driving PenaltiesRead guide →NSWDrink Driving DefencesRead guide →NSWDrug Driving Offences & PenaltiesRead guide →NSWHigh Range PCA Guideline JudgmentRead guide →NSWLicence Suspension AppealRead guide →NSWAlcohol Interlock LawsRead guide →NSWNo Conviction Drink DrivingRead guide →NSWTraffic Offenders ProgramRead guide →NSWDUI Court Process GuideRead guide →NSWDangerous DrivingRead guide →NSWDisqualified DrivingRead guide →

Enquire about legal representation

Call 1300 941 900 or make an enquiry about legal representation.

What to have ready

Court & next listing date: Which court is on your paperwork and when your matter is listed.
Charge or reading (if known): Tell us the charge or reading if you have it — you do not need your full police facts yet.
Work & driving needs: Let us know if you rely on your licence for work or family responsibilities.

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