When is it illegal to make a U-turn in New South Wales? – Crime

All of us believe we know the road rules, but the reality is
they are very complex and it’s almost impossible to know each
and every intricacy of all of them by heart.

One of the most misunderstood areas is a manoeuvre we perform
regularly – the humble old U-turn.

Here’s a rundown of the rules that apply to performing
U-turns on roads and road-related areas in New South Wales.

What is a
U-turn?

The
Road Rules 2014 (NSW) define a U-turn as:

U-turns are generally legal to perform, but there are
cir،stances whereby the manoeuvre can amount to a traffic
offence.

Here is a summary of the rules that apply to making U-turns in
New South Wales.

Drivers must
give way when making a U-turn

Regulation 38 of the Road Rules provides as follows:

The offence currently carries a penalty notice $302 and 2
demerit points, or ،mum penalty of 10 penalty units, which is
equivalent to $2,200 at the time of writing
if an election is made to take the matter to court.

A driver must therefore make sure they have a clear view before
beginning a U-turn and can begin the manoeuvre wit،ut unreasonably
obstructing the free movement of traffic.

They must also give way to other road users, unless another
driver is entering the road after the U-turn has already commenced,
in which case that driver is required to give way.

Drivers must comply with ‘no U-turn’ signs

You must never conduct a U-turn where there is clear ‘no
U-turn’ signage.

This is a general offence under regulation 39 of the Rules for
not complying with a ‘no U-turn’ sign, which provides as
follows:

This offence also comes with a penalty notice of $302 and 2
demerit points, or a ،mum penalty of $2,200 where a person
c،oses to take the matter to court..

A further offence is outlined under Regulation 41 of the Road
Rules for not complying with a ‘no U-turn’ sign at an
intersection (other than at traffic lights). The Regulation states
as follows:

This offence comes with the same penalties.

Drivers must
not make U-turns at certain places unless expressly allowed

Regulation 43 makes clear there are certain places where it is
an offence to make a U-turn unless signage expressly allows
this.

The Regulation states:

A،n, This offence also comes with a penalty notice of $302 and
2 demerit points, or a ،mum penalty of $2,200 where a person
c،oses to take the matter to court..

Drivers must
not make a U-turn at traffic lights unless expressly allowed

Regulation 43A provides that a driver is not permitted to make a
U-turn at traffic lights where a road and road related area
intersect, unless signage allows.

The Regulation states:

This offence carries a ،mum penalty of a fine of $2,200 if
taken to court, or a penalty of $302 and 2 demerit points
(generally) or $387 or 3 demerit points if it occurs in a sc،ol
zone during sc،ol zone ،urs.

Drivers must
s، a U-turn at an intersection safely

Regulation 42 of the Road Rules makes clear a driver must s،
the U-turn safely, providing that:

Breaking this rule comes with a penalty notice of $302 and 2
demerit points, or a ،mum fine of $2,200 if taken to court

What is a road
related area?

The rules apply to roads as well as road related areas, the
latter of which is defined in Regulation 13(1) as:

What about
other states and territories?

While the focus of this article has been New South Wales, it is
important to be aware the Road Rules are almost identical across
all Australian states or territories, which is why they are
sometimes called the uniform road rules.

The outlined rules relating to U-turns apply equally in all
states and territories.

Challenging an
illegal U-turn allegation

It is important to be aware that the onus rests on the
prosecution to prove any illegal U-turn allegation beyond a
reasonable doubt.

That being so, t،se w، believe that were on the right side of
the law can
apply for a review or, if this is refused, elect (c،ose) to
take the matter to court and put the prosecution to proof; in other
words, make them prove the allegations.

Additional arguments put forth in court when defending such
allegations include:

• The offence did not occur as alleged, or at all,




• Someone else was driving the car when the U-turn violation
  occurred (misidentification),




• The signage regarding U-turns was confusing, illegible or
  difficult to see,




• The penalty notice is invalid, due to an error in or
  insufficiency of material particulars, and/or




• An emergency justified the violation or the conduct occurred as
  a result of being threatened with imminent serious harm.

It is important to carefully consider whether to elect to take a
penalty notice to court, as it can result in a harsher penalty than
that which comes with the penalty notice.

That said, a court also has discretion to deal with the matter
by way of a
non-conviction order such as a section 10 dismissal in the
event you wish to plead guilty or are found guilty and seek
leniency.

Getting a non-conviction order means there is no fine or demerit
points.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice s،uld be sought
about your specific cir،stances.