Red Light Camera

A camera is activated to take two photographs of your vehicle after you have passed over the white stop line, after a light has turned red.

The first photograph activates 3 seconds after passing a red light. Therefore, the camera cannot be activated if you have passed through an amber (yellow) or green light, unless the camera is faulty; or you are the driver of a heavy vehicle whose trailer has triggered the camera. Police at the Traffic Camera Office will not generally issue drivers of heavy vehicle a penalty notice in such circumstances.

The second photograph is taken one second after the first photograph to determine two things:

1. Whether your vehicle continued driving after passing a red light.
2. Whether your vehicle stopped after activating the camera. (in which case an offence may not have been committed.)

This option is recommended where you:

• accept that you went through a red light.
• you do not stand to lose your licence, and
• you do not want the added expense of going to court to ask for leniency.

This option is recommended where you:

• accept that you went through a red light, and / or
• stand to lose your license, or come close to losing your licence, and /or
• have a valid reason why the court would show you some leniency (we can assist you in determining what the court considers valid.)

Leniency is where the court has found you guilty but has chosen not to convict you. Where a non-conviction order (section 10) is made, you will:

• avoid a loss of demerit points
• avoid a fine.

This option is recommended where:

• my red-light camera offence leads to a license suspension. (see “Licence Appeals)

A red-light camera offence may be successfully defended in court if you can prove that an error has occurred. The type of arguments typically made in court are that you did not run a red light because:

• The camera was activated by another road user while you were over the line.
• The vehicle behind you was dangerously close, and that your safety would have been compromised by stopping.
• An obstruction had been created by another road user.
• You had to traverse a red light to allow an ambulance passage.
• Wet weather meant your vehicle skidded past the white line before stopping.
• The camera was wrong. This would require subpoenaing records to show that the following mandatory service, checks or inspections were not made:
  • Calibrations every 90 days, pursuant to s 138 of the Road Transport Act 2013 and Clause 35 of the Road Transport (General) Regulation 2013.
  • Inspections every 12 months, pursuant to s 137 of the Road Transport Act 2013.

What evidence do I require?

Without evidence, the chances of successfully defending your case diminish. The following evidence increases your chances of successfully defending the charge against you:

• An eyewitness to the incident
• Your evidence of what happened
• An expert witness who can explain the operation of cameras
• Photographs
• Dashcam footage

Note that where an offence is camera detected, the camera records a digital image of the vehicle, accompanied with make, model and number plate. The date, time, location and direction of travel are also recorded in this image.

Additionally, before a matter even reaches court:

• You have 28 days from receiving the penalty, to request a review.
• We can write to the State Debt Recovery Office (“SDRO”) on your behalf, after Traffic for NSW (“TFNSW”) have sent you an infringement notice, to have the infringement reviewed, or you may choose to do this yourself.
• Where police have issued the infringement (not camera detected), we can negotiate with the aim of having the charge dropped, potentially avoiding court proceedings.
• If you were not the driver (ie. in a camera detected offence), your infringement notice provides instructions for nominating a driver.
  • Note: Criminal charges may result in making a false nomination.