1. How are speed camera sites selected?
Fixed digital speed camera sites are selected following analysis of crash data and vehicle travelling speeds. Each site must meet strict selection criteria developed by the RTA in conjunction with the NSW Police Force.
2. How are speed limits determined?
Speed limits are determined through the use of standardised guidelines, which aim to regulate the maximum speed of travel under good road and traffic conditions.
Factors considered in the establishment of speed limits include crash history, roadside development, road condition, traffic type and the presence of vulnerable road users. Other factors considered may also include the frequency of driveways and intersections.
Speed limits and the enforcement of those limits are designed to facilitate the reduction of the number of drivers who travel at unsafe speeds. Variable speed limits are determined according to driving conditions applicable at the time.
3. How do fixed digital speed cameras work?
Fixed digital speed cameras are made up of two different parts, one being the camera itself and the other being the speed measuring device.
The speed measuring device uses piezo-electronic detectors embedded in the road surface to measure the speed of the vehicle. When a vehicle drives over these detectors an electronic device is triggered and the speed of the vehicle is measured.
If the speed of the vehicle exceeds the legal speed limit, digital images are taken of the offending vehicle by the camera recording device installed at the site.
The majority of fixed digital speed cameras are bi-directional. This means that a fixed digital speed camera can take digital images of offending vehicles on both sides of the road, traveling in different directions.
Fixed digital speed cameras are able to identify the lane and direction of travel of a speeding vehicle.
It is important to note that piezo-electronic detectors are lane specific, ensuring a speeding vehicle is correctly identified.
4. How do speed cameras work at multi-lane sites?
Individual fixed digital speed cameras can monitor up to four lanes of travel. For example, in the Eastern Distributor (northbound) cameras have been installed and configured to simultaneously monitor all four lanes of travel in the same direction.
This is achieved by the installation of:
piezo-electronic detectors in each lane;
a wide-angle lens camera monitoring all lanes; and
a telephoto lens identifying the registration plate of the speeding vehicle.
It is therefore clear which vehicle has been detected speeding. Vehicles cannot avoid camera detection by straddling lanes.
5. What does the speed camera record?
If a vehicle is detected speeding, digital images of the vehicle are recorded. These digital images clearly show the type, make and registration plate of the vehicle.
As required by legislation, digital images also include the following particulars:
date and time the digital image was taken;
location details of the fixed digital speed camera involved;
direction of travel of the offending vehicle;
speed of the offending vehicle;
speed limit applying to the section of road being monitored;
lane in which the vehicle travelled; and
other security and integrity indicators.
Images taken by a fixed digital speed camera are used as evidence in court, together with appropriate evidentiary certificates signed by a person authorised by the RTA.
Digital images are generally not suitable for identifying drivers.
6. What are variable speed limits and how do they work?
Variable speed limits adjust the speed limit on a given length of road when it is in the interests of safety to do so. Some of the reasons for reducing a speed limit may include school zone times, traffic incidents, moisture on the road surface, road maintenance or objects on the roadway.
Variable speed limits on motorways and in tunnels are advised by means of electronic variable speed limit signs. When a speed limit is varied, the warning lights on the electronic variable speed limit sign or device will flash to alert motorists of the change. A small grace period (in minutes) is applied immediately following a change of speed limit, during which no penalty notices are issued at the lower limit.
Fixed digital speed camera equipment constantly monitors the speed indicated on the electronic variable speed limit signage and adjusts the enforced speed limit.
At some fixed digital speed camera locations, a photograph is also taken of the variable speed limit sign immediately prior to the camera location. Adjudicators are then able to accurately assess what the speed limit along the stretch of road was at the time the digital image was taken.
On the rare occasion that electronic variable speed limit signage is not operational, the default speed limit for the area will be enforced.
7. When do school zone speed cameras operate?
School zone speed cameras operate 24 hours a day, seven days a week, but are programmed only to detect vehicles exceeding 40 km/h during the sign-posted school zone times. At all other times school zone speed cameras enforce the default speed limit. Most school zone speed cameras detect speeding vehicles in both directions of travel.
School zone periods are usually 8:00 am - 9.30 am and 2.30 pm - 4:00 pm on school days, which are specified in a NSW Education Gazette.
There are a small number of schools with non-standard school zone periods because they either start earlier or finish later than other schools. Non-standard school zones are clearly identified as school zones and distinguished from standard zones by their design, including an orange banner across the top of signs and red lettering.
NSW school zones are signposted to indicate operating times. The 40 km/h speed limit is also painted in bright yellow on the road surface. As with all other fixed digital speed cameras, there are at least two large advance warning signs in each direction of travel.
For details about the location of fixed digital speed cameras and school zone cameras, please follow the links below.
8. How do I know that the time recorded by a speed camera is correct?
Each site is visited and inspected by RTA personnel at regular intervals. During these inspections, the system clock is checked to ensure synchronisation with Telstra time.
All fixed digital speed cameras located in variable speed limit environments such as school zones are fitted with automatic time synchronisation systems linked to National Measurements and Global Positioning Satellites (GPS). The time accuracy of the camera is automatically synchronised every 30 minutes and recorded.
9. What signs are provided at speed camera sites?
The purpose of speed camera advisory signage is to alert motorists that they are approaching a fixed digital speed camera site, allowing drivers to adjust their vehicle’s speed to conform with the speed limit. Speed camera signage is installed in accordance with RTA policy, Australian Road Rules and applicable Australian Standards.
Every fixed digital speed camera is accompanied by clearly placed advance warning signs. For new fixed digital speed camera installations, the RTA issues a media release detailing the camera location, the crash history of the site and the camera’s operational commencement date.
The RTA installs three warning signs installed on the main approach to non-school zone fixed digital speed cameras. These signs are designed to improve road safety. The signs all depict an image of a speed camera, together with an applicable warning message in the left panel and the regulatory speed limit in the right panel.
The three signs on the main approach to the speed camera are as follows:
The speed limit is also painted on the road surface.
The diagrams below depict the signs that would ordinarily appear on the main approach to a speed camera in a 60 km/h zone.
Where school zone speed cameras are installed, there is a distinctive set of three warning signs situated on the major approach to the camera. The diagrams below show the types of signs that are typically placed before school zone speed cameras.
Every school zone speed camera site is accompanied by advisory flashing lights.
Speed camera advisory signage is not a legal requirement in New South Wales.
Unless otherwise signposted, the default urban speed limit in built-up areas in New South Wales is 50 km/h.
10. What if I did not see a speed limit sign?
As the driver, it is your responsibility to know what speed limit applies along the stretch of road you are travelling. If you are in a built-up area and there is no speed limit sign, legislation requires that you observe the default speed limit of 50 km/h in built-up areas.
11. Is the RTA responsible for red light cameras?
Commencing in 1988 the Red Light Camera program was administered by the NSW Police Force. In 2008 the RTA began the process of assuming responsibility for the State's Red Light Camera Program. Enquiries can be directed to the RTA’s Camera Enforcement Branch on 131 782 or email Camera_Enforcement@rta.nsw.gov.au
12. What maintenance is performed on speed cameras?
The RTA is responsible for the installation, operation, maintenance and certification of fixed digital speed cameras throughout NSW.
Each fixed digital speed camera consists of a speed measuring device and a camera recording device.
The RTA is required under legislation to certify fixed digital speed cameras on a regular basis. Camera recording devices are tested at least every 30 days, with each speed measuring device tested at least every 12 months.
Fixed digital speed camera sites are also inspected regularly by RTA-authorised technicians and are remotely monitored on a continuous basis.
13. Who issues the penalty notice?
The State Debt Recovery Office manages the processing and issuing of penalty notices for offences detected by fixed digital speed cameras.
Initially, a penalty notice is issued to the registered owner of the vehicle. The owner has the option of paying the fine, nominating the driver responsible at the time of offence, or electing to have the matter decided by a court.
Failure to nominate the person in charge of the offending vehicle within 21 days from the day the penalty notice was issued, or the false nomination of a person in charge of the vehicle, can both attract further severe penalties
Penalty notices include details of the camera-detected offence.
14. I was not the driver of the vehicle at the time of the offence. How do I nominate someone else as the driver of my vehicle?
Legislation imposes a positive duty on the person issued with the penalty notice to inform the State Debt Recovery Office of the driver’s identity.
You must, within 21 days from service of the penalty notice or receipt of the Court Attendance Notice, lodge a statutory declaration stating that you were not the driver of the vehicle at the time the offence took place if:
you were not the registered owner of the vehicle on the penalty notice AND not the driver of the vehicle at the time when the offence occurred; or
you were incorrectly nominated by way of statutory declaration as the driver of the vehicle; or
you were not the responsible operator of a registered business vehicle.
During the 21 day period, do not pay the fine associated with the penalty notice. The result of payment of this fine is the accrual of demerit points on your traffic record.
A statutory declaration must be signed by the person named on the notice (i.e. yourself if the penalty was incorrectly issued to you) and witnessed by a Justice of the Peace or other authorised person. It should include the name, address, licence number and date of birth of the person who was in charge of the vehicle at the time the offence occurred. Upon receipt of a valid statutory declaration, the penalty notice will be re-issued to the nominated person, who then has a further 21 days to pay the fine.
Please note that filling out a Court Election notice is not a substitute for completing a statutory declaration. If you were not the driver of the vehicle at the time of the offence, you must fill out a statutory declaration so that the penalty notice can be re-issued.
Failure to nominate the person responsible within the prescribed time period is an offence under the Road Transport (General) Act 2005 (NSW). Falsely nominating a person as being responsible for a camera-detected offence can result in severe penalties.
15. How do I get a copy of my speeding offence image?
Offence images are supplied upon request from the State Debt Recovery Office. There is no legal requirement to supply photographic evidence for camera-detected offences prior to a defended hearing.
Copies of digital images will be supplied to you on the day of a court-elected matter from an RTA officer or from the Police / RTA prosecutor. RTA Court Advocates and Prosecution Officers attend court mentions and hearings and are available to assist with your particular speeding, bus lane or transit way matter.
Alternatively, digital images of your speeding offence can be securely viewed without cost on the State Debt Recovery Office website. This service can be accessed via the link below.
You may also request a hardcopy of these images from the State Debt Recovery Office, however, administration fees apply.
It is important to note that clearer images are used for processing and adjudication purposes. As such, images displayed on the website or issued by the State Debt Recovery Office do not contain a prescribed security indicator, unlike the images provided as part of court evidence.
16. How can I check my licence demerit points?
You can check your demerit points by using the myRecords service on the RTA website.
17. If I accumulate more than 12 demerit points, will that result in a loss of licence?
Not necessarily, there are alternatives to suspension. If you have received a ‘Notice of Suspension’ from the RTA, you may have the option of electing to undertake the mandatory suspension period or a good behaviour licence for a 12 month period.
18. Can I avoid accumulating 12 demerit points by delaying the payment of the fine or by adjourning my court case?
No. Demerit points remain on your traffic record indefinitely and are used to determine whether you have incurred 12 or more demerit points during any three year period.
Demerit points are incurred by a driver as at the date of the offence, not the date the demerit points are recorded.
19. If I pay the fine, can I avoid demerit points being allocated to my traffic record?
Under NSW law, the RTA must apply demerit points associated with any proven driving offence. All demerit points are allocated to a driver’s traffic record upon:
- payment of the penalty associated with the penalty notice;
- an offence being proven in a court of law;
- the penalty notice being referred to the State Debt Recovery Office for further enforcement action owing to non-payment.
20. Can I be issued with a warning or caution, or be granted leniency because of my good driving record?
In limited circumstances, drivers who have not accrued demerit points for 10 years may be granted leniency by the State Debt Recovery Office. Click on the link below for more information.
21. What if I want to attend court?
If you want to have your matter heard in court by a Magistrate, you must:
- be the person named on the penalty notice, or an authorised person from the organisation named on the penalty notice; and
- complete the court election form included with your penalty or penalty reminder notice (also available on the State Debt Recovery Office website at www.sdro.nsw.gov.au) or advise State Debt Recovery Office in writing.
22. If I do court-elect, which court will hear my matter?
The court location is usually determined by the jurisdictional area in which the offence took place.
The court you are required to attend, as well as the mention date and time for your matter, will appear on the Court Attendance Notice issued to you by the State Debt Recovery Office.
A magistrate may, in very limited circumstances, transfer the matter to another court for hearing.
23. What is the court process?
If you elect to have your matter dealt with by the Court (instead of paying the amount set out in the penalty notice), the State Debt Recovery Office will issue a Court Attendance Notice to your residential address. In some cases, a Court Attendance Notice may be issued up to a year after the offence is alleged to have been committed.
It is important to note the court date stipulated on the Court Attendance Notice is a first mention date only, at which time you should be prepared to enter a plea of ‘guilty’ or ‘not guilty’. An RTA Court Advocate & Prosecution Officer will usually be in attendance to show you digital images relating to the offence and to answer any questions relating to the operation of a fixed digital speed camera or the licence demerit points system.
If you elect to plead ‘guilty’ on this date, your matter will usually be dealt with on the same day. You may consider pleading ‘guilty with an explanation’, whereby you will have the opportunity to address the Magistrate and provide reasons why some leniency should be applied during sentencing (for example, good driving history, financial circumstances, etc.). On hearing from the defendant, the Magistrate may confirm or reduce the penalty amount, and may apply or waive court costs.
If you elect to plead ‘not guilty’, the court will generally allocate you a future hearing date rather than deal with the matter immediately. Depending on the number and complexity of matters to be heard on the day of hearing, your matter may be heard at any time during the day. Matters that are part heard or not reached on the day of hearing are usually given priority at the next allocated hearing date.
A copy of the brief of evidence will be provided to you or your legal representative on the day of hearing, usually by an RTA Court Advocate and Prosecution Officer.
At the court hearing, the Magistrate will hear the evidence presented by both sides. The prosecution will present a brief of evidence, including digital images and various certificates indicating that the fixed digital speed camera was operating correctly at the time the digital image was taken.
At the end of the hearing, the Magistrate will announce a decision based on the evidence presented.
24. What evidence does the RTA rely upon at a court hearing?
The RTA generally relies on the digital images of the offending vehicle and certificate evidence relating to the testing of the camera recording device and speed measuring device.
Appropriately qualified officers authorised by the RTA inspect and verify the accuracy and proper operation of each fixed digital speed camera prior to commissioning, and at regular intervals thereafter.
Under the requirements of the Road Transport (Safety and Traffic Management) Act 1999, the RTA must certify fixed digital speed cameras on a regular basis.
25. How can I be sure that the offence image has not been altered?
Digital images of offences captured by fixed digital speed cameras are required to be encrypted prior to storage to ensure that they cannot be altered or interfered with.
The use of a security indicator ensures that images cannot be altered or changed after the time of capture.
When digital images are electronically transferred, all relevant information (such as time, date and location) is encrypted in addition to the image itself.
All detected offences transferred from sites are part of an audit process that ensures that all images captured are delivered for adjudication and processing.
26. What costs are involved if I elect to take the matter to court?
If you are found guilty, the Magistrate may impose court costs against you. These may include legal costs and, where applicable, expert witness expenses.
The Magistrate also has discretion to increase or decrease the penalty amount shown on the penalty notice. The maximum penalty is currently $2200 per offence. This penalty is in addition to any licence suspension or disqualification that may apply.
For further information about court costs it is recommended that you contact the Clerk of the court where your hearing is scheduled to take place.
27. What are the possible outcomes of electing to go to court?
Should your matter proceed to hearing, a Magistrate will either:
- find you guilty of the offence and record a conviction; or
- find you guilty of the offence, but not record a conviction and dismiss the matter; or
- find you not guilty and dismiss the matter.
Only an outright dismissal (i.e. being found ‘not guilty’) will result in no demerit points being applied to your traffic record.
If you are found guilty, the Magistrate may use their discretion under Section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) to dismiss your offence. This results in you not having to pay the penalty amount. However, demerit points will be applied to your licence and appear on your traffic record.
NSW legislation specifies that demerit points must be recorded on your traffic record for all offences where the Court finds you guilty irrespective of whether or not you have been convicted.
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