Can I get an infringement without my knowledge?
Yes. Infringement notices can be issued in person or through the post. If the issuing agency doesn’t have your current address, an infringement could be issued and sent to an old address without you knowing about it.
What should I do if I get an infringement notice?
Once you are served with an infringement notice, you have 28 days to pay it, ask for more time to pay or try to challenge it. Contact the agency who issued it if you have any questions about the notice.
Be aware that the penalty for many traffic offences that are dealt with by infringement notices can include both having to pay a fine and getting demerit points against your licence.
What happens if I don’t pay the infringement?
If you do not pay within 28 days of being served, you will be sent a number of demands and orders to pay. If you still have not paid or elected to go to court, the amount due will be registered with the Fines Enforcement Registry and further enforcement fees will be added to the original amount.
If you don’t pay within the time frames set out by the Fines Enforcement Registry, they may issue a Licence Suspension Order to stop you being able to drive a car.
However, they cannot issue a Licence Suspension Order if they are satisfied, based on information you have provided to them, that it would stop you or your family from being able to access urgent medical treatment or from doing your job or make it difficult for you to meet family or personal responsibilities.
Also, they cannot issue a Licence Suspension Order against you if your address is in a ‘remote area’ of WA. You can find a list of remote areas on the WA government Fines Enforcement Registry webpage.
If a Licence Suspension Order is issued against you in these circumstances, you can apply to have it cancelled.
In certain circumstances, the registry can issue an enforcement warrant to:
- take and sell personal property,
- immobilise your vehicle, even if the offence was not traffic related, or
- issue a Garnishee Order (to allow funds to be taken out of your salary or bank account, subject to a minimum amount which is left untouched).
You cannot be made to do community service or spend time in prison because of unpaid infringement notices.
Can I ask the Registry for more time to pay the infringement?
Yes. You can apply for a time to pay order at any time after the infringement has been lodged with the Fines Enforcement Registry. The application form can be found under ‘Application Forms, Factsheets and Publications’ on the Fines Enforcement Registry webpage.
You can also use Centrepay and have regular amounts taken out of your Centrelink benefits to pay off your unpaid infringements.
What if I don’t agree with the infringement notice?
Within 28 days from when you were served with the infringement notice, you can ask for it to:
- be reviewed by the authority that issued it, or
- be considered by a court.
What if I wasn’t the driver when the traffic infringement occurred?
You can view the photo taken by police to see if you recognise the driver.
- If you know who the driver was, you must give the police their name and address. It is an offence to refuse to give these details or give false details.
- If you do not tell the police that someone else was driving, they will assume it was you.
- Infringement payments and enquiries: Traffic infringements
- Viewing infringement images
- Record of traffic infringement notices
Reviewed: 15 August 2021