Receiving a traffic fine can be frustrating, especially when you believe it was issued incorrectly or unfairly. Whether it’s a speeding penalty, a red light camera fine, or a mobile phone usage infringement, you have the right to contest it. In New South Wales, established processes allow drivers to challenge fines, and courts consider various factors when reviewing these penalties.
This comprehensive guide provides essential tips for contesting a traffic fine in New South Wales in 2026.
Table of Contents
Understanding Traffic Offence Fines
Traffic fines are penalties imposed for speeding violations and other road rule breaches. These infringements are designed to promote road safety and ensure compliance with traffic laws across NSW.
Common traffic offences in 2026 include:
- Exceeding posted speed limits
- Running red lights (detected by cameras or police officers)
- Speeding violations captured by speed cameras or identified by officers
- Using mobile phones while driving
- Failing to wear seatbelts
- L or P plate drivers not properly displaying their plates
- Refusing to produce a driver’s licence when requested by police
- Operating an unregistered vehicle
- Violations in bus lanes
- Toll road offences
- Parking infringements
How To Request A Review Of Your Fine
Section 24A of the Fines Act 1996 (NSW) grants drivers the right to request a review of their penalty notice. You can submit your review request through myPenalty on the Revenue NSW website, which offers a streamlined digital process for 2026.
Critical deadline: You must request your review by the due date stated on your penalty notice. Missing this deadline significantly limits your options.
To be eligible for a review, one of two conditions must exist: either there was a mistake in issuing the fine, or exceptional circumstances led to the offence being committed.
What You Need To Submit Your Review
To process your review efficiently, gather the following information:
- Proof of identity, including your date of birth or driver’s licence number
- Your current residential address
- Your penalty notice number (listed on your fine or infringement notice)
- The exact date of the traffic offence
- Supporting evidence relevant to your review grounds
Who Can Submit A Review?
Only the individual named on the penalty notice can submit a review. You’ll need to verify your identity by providing your driver’s licence number or date of birth along with your address. This prevents unauthorized individuals from interfering with penalty notices issued to others.
Supporting Evidence For Contesting Your Fine
The evidence you submit depends entirely on your reasons for contesting the fine. Revenue NSW accepts various forms of documentation, including:
- Proof of vehicle repairs (if a mechanical fault contributed to the offence)
- Valid permits that may exempt you from certain restrictions
- Medical evidence or doctor’s certificates
- Copies of tickets or permits
- Police reports documenting relevant circumstances
- Photographs showing road conditions, signage visibility, or other relevant factors
You can submit supporting documents when lodging your online review by scanning and attaching digital copies. Alternatively, mail physical copies to Revenue NSW, ensuring you keep the originals for your records.
Primary Grounds For Contesting A Fine
You can challenge a traffic fine based on several legitimate grounds:
Error in issuance: You genuinely believe the fine was issued incorrectly, such as when you weren’t actually committing the offence.
Incorrect details: The fine contains factual errors, such as wrong vehicle registration, incorrect location, or mistaken identity.
Extenuating circumstances: Unavoidable factors caused you to commit the offence, such as a medical emergency or following police directions.
Clean driving record: You can request leniency based on an exemplary driving history with no previous infringements.
Factors Revenue NSW Considers During Review
Revenue NSW evaluates several key factors when processing your review:
- Whether a genuine mistake occurred in issuing the fine
- Whether you were actually driving the vehicle at the time (another person may have been using your car)
- Whether the offence involved critical safety concerns, such as speeding in school zones or seatbelt violations
- Whether you suffer from mental illness or disability that affected your capacity
- Whether a medical emergency necessitated the traffic violation
- The overall quality of your driving record and history
Possible Review Outcomes
Your fine review can result in three distinct outcomes:
Penalty to stand: Revenue NSW determines the fine was issued correctly and you’re guilty of the offence. You must either pay the fine or elect to have the matter reviewed in court.
Caution: Revenue NSW acknowledges the fine was issued correctly but exercises discretion to issue only a caution due to your circumstances. You won’t pay the fine or lose demerit points, though the caution appears on your driving record.
Cancellation: Revenue NSW determines the fine was issued incorrectly, in error, or didn’t properly disclose the offence details. You won’t pay anything and won’t lose demerit points.
Tips For Contesting Your Fine In Court
If Revenue NSW denies your review request or you disagree with their decision, you can defend your case in the Local Court. Use these strategies to maximize your chances of success:
Ensure you have valid grounds: Courts dismiss cases without legitimate legal or factual bases. Verify your reasoning is sound before proceeding.
Engage a traffic lawyer: Legal representation significantly improves your prospects. Experienced lawyers understand procedural requirements and can present your case persuasively.
Compile strong supporting documentation: Gather comprehensive evidence including your clean driving record, character references from employers, medical certificates, or photographs demonstrating relevant conditions.
Dress appropriately: Court appearances require respectful attire. Business or business-casual dress demonstrates you take the proceedings seriously.
Show respect to the Magistrate: Address the Magistrate properly and maintain a courteous, professional demeanor throughout proceedings.
Prepare thoroughly: Organize your evidence logically and practice presenting your case clearly and concisely.
Frequently Asked Questions
When must I submit my review? Submit your review by the due date on your fine reminder notice if you haven’t already paid.
What if I’ve already paid the fine? Contact Revenue NSW within 60 days from when the fine was issued to explore your options.
How do I request leniency? Revenue NSW’s ‘Review Assist’ program provides leniency considerations for parking, traffic, speeding, school zone, and heavy vehicle offences under specific circumstances.
How much does court cost? If found not guilty, you pay nothing. If found guilty, you’ll pay court costs and possibly the prosecutor’s professional costs.
What happens if I’ve lost my notice? Contact Revenue NSW and provide your licence number, address, vehicle registration, and date of birth for verification.
Taking Your Fine To Court
You can elect court review if you haven’t paid your fine and act within 28 days of receiving the penalty reminder notice. Submit a court election form available on the Revenue NSW website, or write to Revenue NSW by the due date.
The State Debt Recovery Office (SDRO) will send you a Court Attendance Notice (CAN) specifying your hearing location and date.
Court outcomes include:
Guilty: Pay the fine and lose applicable demerit points.
Not guilty: No payment required and your record remains clear.
No conviction after plea: You plead guilty but convince the court the penalty is disproportionate, potentially avoiding conviction based on demonstrating good behavior.
Important Administrative Requirements
If your address changes, notify Transport NSW within 14 days. Failing to update your address may result in missed deadlines, additional charges, and debt recovery action.
Can All Fines Be Challenged?
Not all traffic fines can be successfully challenged. NSW applies mandatory sentencing regimes to certain serious offences. For example, exceeding the speed limit by 30 km/h triggers automatic licence suspension, as does any speeding offence by L or P plate drivers (minimum three-month suspension).
Payment Options In 2026
If you choose to pay your fine, multiple convenient options exist:
- Service NSW app
- Credit card payments through the Revenue NSW website
- BPay
- Phone payments (1300 130 112) using Mastercard or Visa
- In-person payments at Post Offices or Service NSW centres
- Mail payments via money order or cheque
Financial hardship: Payment plans allow instalments if you demonstrate genuine financial difficulty.
Conclusion
Successfully contesting a traffic fine requires understanding your rights, gathering strong evidence, and following proper procedures. While traffic law complexity can be challenging, following this 2026 guide significantly improves your prospects for a favorable review outcome. When in doubt, consult an experienced traffic lawyer who can provide tailored legal advice for your specific circumstances.
