A traffic ticket is a notice issued by a law enforcement official to a motorist or other road user, indicating that the user has violated traffic laws. Traffic tickets generally come in two forms, citing a moving violation, such as exceeding the speed limit, or a non-moving violation, such as a parking violation, with the ticket also being referred to as a parking citation, or parking ticket.
In some jurisdictions, a traffic ticket constitutes a notice that a penalty, such as a fine or accumulation of “points”, has been or will be assessed against the driver or owner of a vehicle; failure to pay generally leads to prosecution or to civil recovery proceedings for the fine. In others, the ticket constitutes only a citation and summons to appear at traffic court, with a determination of guilt to be made only in court.
Australia In Australia, traffic laws are made at the state level, usually in their own consolidated Acts of Parliament which have been based upon the Australian Road Rules.
New South Wales Traffic tickets are known as Traffic infringement notices (TIN's) in New South Wales. Transport for NSW maintains a database of all registered holders of a driver's license in NSW, including the driver's traffic history and registered motor vehicles. Owner issued infringements Transport for NSW maintain a number of fixed, and mobile, speed cameras and red light cameras across the State. The State Debt Recovery Office (SDRO) manages the processing and issuing of traffic tickets detected and issued by these devices. These tickets are deemed to be 'owner onus' tickets with the vehicles registered owner deemed liable unless they nominate another driver via statutory declaration. Driver issued infringements These are generally issued 'on the spot' by a police officer although there are other authorised officers that can issue traffic infringements such as Transport for NSW heavy vehicle inspectors and Traffic Commanders. The infringement notice is written on three carbonised pieces of printed paper, known as Part A, B and C. Part A is the original and is sent to the State Debt Recovery Office (SDRO) by the issuing officer when they return to the station, Part B stays in the infringement book for accountability and Part C is given to the accused person at the scene or via post. Infringement notices issued by Councils or Commercial Clients by way of electronic handheld devices still have as associated application for details provided on a copy of the Part A, to be made available for perusal if required.
In New South Wales, all Traffic infringement notices (TIN's) and Parking Infringement Notices (PIN's) are part of the Self-Enforcing Infringement Notice Scheme (SEINS). This scheme aims to minimize Court time for people who wish to plead guilty. The accused person can either elect to pay/part pay the infringement by way of a number of online means or through Australia Post, this can be found on the ticket. If the Accused person pays the infringement, they are deemed to have pleaded guilty and any demerit points will be deducted from their driver's licence. Matters only go to Court if the accused person elects to have the matter heard at Court.
If the accused person wishes to plead not guilty, they fill the reverse side of Part C out and mail it to the State Debt Recovery Office (SDRO). Once this is done, a Court date is set for hearing before a Magistrate and the officer is notified. The officer creates a brief of evidence and provides this to the Court and the accused person, this contains a copy of Part A, which includes the facts of the matter i.e. observations and contemporaneous notes, including description of vehicle, and whether or not any photographs of an offending vehicle have been taken. Quite often, an officer will indicate that they have taken only (1) photograph of a vehicle then, when a matter is defended in court and the prosecution provide a brief of evidence with anything up to 4-5 extra photographs this can lead to some of the photographs being excluded as evidence because there is no indication to show on the Part A that they were taken at the time of the offence.
Upon being issued a traffic infringement, or parking infringement notice, (in person or to a vehicle) an accused person will generally receive a penalty reminder notice in the mail approximately 28 days later, if the fine remains unpaid.
Under the Fines Act of 1996 (NSW) Time for service of penalty reminder notices by post, is (7) days unless it is established that it was not served within (7) days. A due date for payment of Penalty Reminder notices under this Act is (21) days after it is served. Generally from the date of an offence approximately (28) days is given, after which time of the due date they will then have approximately an additional 21 days in which to take action, and finalise the matter. This includes (7) to allow for service, and (14) days for action to be taken.
If the fine is not actioned by the due date on the penalty reminder notice, an enforcement order will be issued and additional costs apply. If the enforcement order remains unpaid further enforcement action can follow, which may include suspension of the persons driver licence and/or vehicle registration, restrictions on conducting business with Transport for NSW, garnisheeing of wages, property seizure order or a community service order and additional fees.
Canada
Outline of traffic offences
In Canada, most traffic laws are made at the provincial level. However, some serious violations are criminal offences, contrary to the federal Criminal Code. Both levels of government may deal with different aspects of the same misconduct. For example, drinking and driving may be a criminal offence of driving while impaired, or driving with a blood alcohol level greater than .08. At the same time, most provinces have laws specifying administrative penalties for driving with a blood alcohol level which does not exceed the criminal blood alcohol level of .08, in particular for newly licensed drivers.
Each province maintains a database of motorists, including their convicted traffic violations. Upon being ticketed, a motorist has a chance to plead guilty or not guilty with an explanation. The motorist or their representative must attend the court for the town or city in which the violation took place to do so.
If the motorist pleads not guilty, a trial date is set and both the motorist, or a lawyer/paralegal representing the motorist, and the ticketing officer, are required to attend. If the officer fails to attend, the court judge will often find in favour of the motorist and dismiss the charge, although sometimes the trial date is moved to give the officer another chance to attend. In some provinces, officers are now paid time and a half to attend traffic proceedings. The court will also make provisions for the officer or the prosecutor to achieve a deal with the motorist, often in the form of a plea bargain. If no agreement is reached, both motorist and officer, or their respective representatives, formally attempt to prove their case before the judge or Justice of Peace, who then decides the matter.
If the motorist pleads guilty, the outcome is equivalent to conviction after trial. Upon conviction, the motorist is generally fined a monetary amount and, for moving violations, is additionally given demerit points, under each province's point system. Jail time is sometimes sought in more serious cases such as racing or stunt driving.
The Demerit Point System in Ontario
In the province of Ontario, drivers who are convicted of certain driving related offences result in demerit points recorded onto their driving records. It is commonly misconceived that drivers actually "lose" points owing to convictions for certain traffic offences. In fact, a driver begins with zero demerit points and accumulates demerit points for convictions. Demerit points stay on a driver's record for two years from the original offence date. If a driver accumulates enough points, a suspension/loss of licence can occur.
For a fully licensed driver in Ontario, the accumulation of six demerit points results in a "warning" letter. At nine points, the driver is scheduled a mandatory interview to discuss their record and give specific reasonings as to why the licence should not be suspended. If a driver fails to attend this meeting, their licence may be automatically suspended. At 15 or more points, a driver's licence will be suspended for 30 days. Surrendering a licence to the Ministry of Transportation is mandatory at this stage; failure to surrender the licence may result in a suspension/loss for up to two years.
Ireland In the Republic of Ireland, a traffic ticket (which is mailed out to the driver) is in the form of a notice alleging that some crime – traffic offences are all criminal offences – has been committed, but stating that if a payment of a certain amount is made to the Garda Síochána within 28 days, or the amount increased by 50% is paid within 56 days, the driver will not be prosecuted for the alleged offence. Some tickets carry penalty points as well as the fine.
Nordic countries
Most Nordic countries determines some traffic fines based on income. For example, Finland's system for calculating fines starts with an estimate of the amount of spending money a Finn has for one day, and then divides that by two. The resulting number is considered a "reasonable" amount of spending money to deprive the offender of. Then, based on the severity of the crime, the system has rules for how many days the offender must go without that money. For example, driving about 15 mph over the speed limit results in a multiplier of 12 days. Most reckless drivers pay between $30 and $50 per day, for a total of about $400 or $500. In 2002, a Nokia executive was fined the equivalent of $103,000 for driving at 75 km/h (47 mph) in a 50 km/h (31 mph) zone on his motorcycle.Pinsker, Joe (March 2015). Finland, Home of the $103,000 Speeding Ticket. The AtlanticNokia boss gets record speeding fine (January 2002), BBC Estonia is experimenting with a "time out" in lieu of fines: the motorist waits at the side of the road for 45 minutes or an hour.
United States
In the United States, most traffic laws are codified in a variety of state, county and municipal laws or ordinances, with most minor violations classified as infractions, civil charges or criminal charges. The classification of the charge depends on the violation itself as well as the jurisdiction, with infractions, civil charges and criminal charges relating to different standards of proof, trial rules and punishments.
Traffic violations What constitutes a "minor violation" or infraction varies, examples include non-moving violations, defective or improper vehicle equipment, seat belt and child-restraint safety violations, and insufficient proof of license, insurance or registration. A trend in the late 1970s and early 1980s also saw an increased tendency for jurisdictions to re-classify certain speeding violations as civil infractions. In contrast, for more "serious" violations, traffic violators may be held criminally liable, accused of a misdemeanor or even a felony. Serious violations tend to involve multiple prior offenses, willful disregard of public safety, death or serious bodily injury, or damage to property. A frequently used penalty is a fine, and this is ordinarily a fixed amount of money, instead of being an amount of money determined based on the facts of each individual case.
Contesting a ticket If the motorist wishes to contest a traffic infraction, a hearing can be set by the court upon proper request.See, e.g., The hearings are before a magistrate or judge depending on the state or city. Hearing dates may potentially be adjourned, and witnesses or police officers may be subpoenaed to appear in court.