Help Needed - Apparently The Police Issued Fine for Driving in Right Lane on M4 Sydney

Apologies if this matter has been discussed before by someone else.

I jumped on M4 from Church Street Parramatta exist and travelled toward Penrith. After 5 minutes of driving, the police car stopped me and advised that I was travelling in right most lane for 3 KM while there was no car in middle lane. He also advised that there was also a sign "Keep left unless overtaking" but I didn't follow it. Npte that when I reached M4 there were plenty of cars and therefore I was travelling in right most lane to overtake them. My son has surgery in February and therefore I was discussing facts with my father. I admit my fault but it was minor oversight where I didn't notice that there was no car in middle lane and I should move back there.

I was not over speeding and the breath test plus seat belt check was clear for all passengers. I told about this oversight to the police officer who took my licence to his car and came back after few minutes stating that I would receive fine. When I asked him about fine amount, he said it would be between $250 to $300 however he didn't mention about demerit points at all. When I checked RMS after reaching home, I identified that there will be $330 fine with 2 demerit points for this offence. I am wondering how come the officer who issued fine did not know about exact amount and why he won't mention about demerit points at all. Was he scaring me or he did issue fine?

I have checked my driving record and there is 0 demerit points listed. From memory, I only received 1 fine back in August 2007 when I was on learner licence but it is not showing on RMS record. This is how it currently appears.

Is there any chance I could ask for leniency and they give me only warning?

TDLR: Police officer issued fine for driving in right most lane. He was not aware of fine amount when questioned. If I receive fine, is there any way to get it waived?

closed Comments

  • +80

    He also advised that there was also a sign "Keep left unless overtaking" but I didn't follow it.

    this there is….. and you mustn't sit in the RIGHT LANE when you can move over.

    He was not aware of fine amount when questioned

    Not his job to know, his job is to issue the fine.

    If I receive fine, is there any way to get it waived?

    Not a chance….

    • +2

      Thanks, I was under the impression that they would know fine amount so my bad.

      • +7

        Some will know the common ones, but not every fine. There are LOTS of fines.

        Most likely why you didn't get the fine on the spot, is they needed to look it up.

        Sorry, but sometimes crap happens :/

    • +12

      If I receive fine, is there any way to get it waived?

      Not a chance….

      My friend you are wrong … there is a chance!

      From the SDRO website:

      "You can contact us by phone if you believe the fine was issued to the wrong registration number or you are seeking consideration of a 10 year clear driving record for a traffic offence. We cannot consider a clear driving record for parking, non-demerit or serious traffic offences, such as a school zone offence, speeding more than 20 km/h over the limit or driving while using a mobile phone."

      • spoke to them about leniency and they were useless. they only tell you that legally you can take it to court. John Cadogan suggested a lawyer may be good if you want to go there. see his site for contact.

      • +2

        I got a warning under these circumstances, it appeared to be granted without any consideration of the circumstances, just, does he have 10years clean, and is the offence on the list of eligible offences.

    • +1

      There is a 2% chance
      They also want to enforce the law and make money along the way to pay for excessive govt spending and politician entitlements

    • +1

      As others have provided;
      1 You can seek leniency from the issuing department after making a written application directly via their website…..if that is not provided;

      2 You can elect to take the the matter to court (once court notice paid $80-$110) and seek a dismissal under a section 10, which is essentially an acceptance of wrong doing on your part in context of a good behavior back ground where no penalty is recorded…..this figure is assuming you represent yourself, which is more than achievable. You could also seek legal aid advice on how to best make that representation.

      This is not legal advice, I have done this when I was fined for a traffic offence worth challenging around 10 years ago….worth noting you can only seek a dismissal of this kind once per 10 years (I think) so make sure you want to use that….this appears a minimal penalty and not subject to double demerits so may not be worth the effort of court attendances and fees.

      • So pay $110 to take it to court, risk losing and paying the fine and even more fees on top of it, vs paying a $330 fine.

        Yes sounds like the 'smart' thing to do to save ~$200 /s

        You're also assuming that the OP has a clean 10yr record for all that to happen.

    • And police are super vigilant around Christmas - New Year, Easter, etc. Anyone breaking even the most "minor" / "trivial" seeming road rules will get pinged because the police are trying to keep the road toll down.

  • +110

    You broke the law you pay the fine.

    Failing to keep left unless overtaking is one of the most frustrating things about driving. It is extremely selfish, creates traffic problems and can often be dangerous.

      • +67

        Because then people start to overtake using the left hand lanes where the slow traffic is meant to be. Mixing overtaking and slow traffic = unsafe.

        I know it sucks getting a fine. You can potentially appeal with a letter, citing your clean record. But in the end, you did break the law.

        • +4

          @Sshanaz: Yes, as your offences is not deemed serious (enough), and if you have a clean driving record for the last 10 years (which you may depending on when that ticket was issued in 2007) then you can ask for leniency.

        • +1

          @Sshanaz: I had my first speeding fine waved due to clean record. I didn't have to pay the fine, but still lost my demerit points.

      • +5

        You're admitting to breaking the law and you're defending that you didn't do any wrong. I know law and right-and-wrong are two different things but in this case, you are also wrong.

        You claim to be in the right lane because you were deep in conversation with your father, yet you were alert enough to know the position of every car on the road?

        I'd pay the fine. Contesting your fine isn't going to end well.

      • +10

        the fact you don't know what's wrong with driving in the right " fast " lane is proof you deserve the fine.

        I'm glad they do this.

      • Your going at 100 km an hour, imagine if it a road with small emergency lanes and you have some people who have no common sense. You blow a tire on your driver side and you try and change it. If you overtake from right to left, you might not see them and kill them. This has happened in the past, it rarely happens but if rainy etc. visibility is somewhat reduce, more confident drivers do drive at the speed limit (or beyond) Cars do break down and with small emergency lanes, could creep into the middle lane, thus causing an accident. There are a lot of scenarios that could possibly happen just because it unlikely doesnt mean it doesnt happen. It like a lightning strike, it isnt going to always happen but it has in the past.

      • +9

        What your narrow mind percieves as a "minor oversight" is quite dangerous and EXTREMELY RUDE.
        If you ever see cars weaving in and out of lanes overtaking on the inside lanes YOU ARE THE CAUSE OF THIS.
        If you ever see people tailgating cars going to slow in overtaking lane again PEOPLE LIKE YOU ARE THE CAUSE OF THIS.
        What you did is very wrong and does cause accidents due to what others have to do to overtake you while your so rudely sitting in the overtaking lane.
        Sitting in overtaking lane blocking others is similarly rude, as is cue-jumping (which is also done on roads, when people push-in when its their turn and position to give way) .
        Also, your bs escuse that you drove 3km without noticing you could move back into correct lane is rediculous. The overtaking lane is for OVERTAKING . Correct manners and etiquette is to overtake, get STRAIGHT AWAY back into the correct lane. There is a massive difference between moving back into the correct line/lane 'STRAIGHT AWAY' and moving back into your line/lane 3km or more later.
        I say line/lane in the hope that you will understand,it is like going into the 12 items or less line with 100 items . Its extremely rude and ruins things for everyone

        • +1

          Too right. I hope OP takes notice of it actually being an overtaking lane, not just 'the right lane'.

      • +1

        I don't understand why you are asking this forum for understanding.

        Many times there have been stories here on OZB complaining about people like you just sitting in the RH overtaking lane, unaware of the road rules, getting in others' way.

        Cop the fine, learn your lesson, and keep left. You've got a license so you know the rules. Oversight be damned!

    • +6

      I reckon it's lazy driving in addition to being selfish. Thank God the Police starting to take notice and issue fine!

    • +1

      I’ve seen people drive kms and kms in the right without giving a shit about traffic behind them. Can’t explain how frustrating this can be.

    • -2

      Speeding is much more selfish. You're risking other people's lives!

  • +123

    If only they fined more people. :(

      • +31

        You know your dinged up 2004 gold camry will likely say your doing 100km/hr on the speedo whilst actually your doing 90km/hr. B. slow down and merge left.

        you are the real danger to road safety.

      • +9

        Why are you in the right lane then if you are not driving faster than the middle lane…

      • +2

        It is the law. Keep left unless overtaking at or above 80km/h.

        You need a safe distance between cars when driving. That includes to your sides. How would you miss debris on the road otherwise?

        Just because you enjoy wasting hundreds of people's time by creating queues and traffic jams in your wake dose not make it safe.

        • Above 80, not at or above 80.

      • +1

        If you dont no how to merge back safely into the lane maybe you shouldn't be in the right lane to start of with.

        • If you dont no how to merge back safely into the lane maybe you shouldn't be in the right lane to start of with.

          Sometimes you don't have a choice but to move in the right lane during like during road work/ construction and reduce the speed limit to 40km/hr. It's impossible to move out of the right lane when about 99% of the cars behind you immediately speed up to 100km/hr and move into the left lane prior to passing the new speed limit sign. Then there are times when you try to overtake the vehicles on the right lane and all of the sudden you pass the new speed limit sign and must slow down. Now you're stuck in the right lane and it's not safe to move into the left lane.

        • @armdrags:
          So how often do you do this?
          Try pay attention to changing road conditions ahead, not just when you pass the sign

        • @armdrags:

          99% of the cars behind you immediately speed up to 100km/hr and move into the left lane prior

          The problem here is so obvious it's not even funny anymore.

  • +1

    Rule 129 (1) is $257 and 2 Points (Road)

    Rule 130 (1)(a)&(2) is $330 and 2 points (Drive in right lane on road with speed limit over 80 km/h)

    Rule 130 (1)(b)&(2) is $330 and 2 points (Disobey keep left unless overtaking sign)

    • & double demerits at the moment, ouch OP

      • +4

        Double demerits only applies to speeding, mobile phone use, not wearing a seatbelt and riding without a helmet, so the OP will only get 2 demerit points.

        • Huh, the more you know.

          breaks every road rule except those

  • +31

    After 5 minutes of driving, the police car stopped me and advised that I was travelling in right most lane for 3 KM while there was no car in middle lane.

    which likely means he was following you for a couple of km's behind you in the right lane and you didnt move over?

    Everytime i drive on the M1 i wish we had the same kind of lane behaviour like the UK or EU.
    The number if times the left most lane is completely empty and people drive in the middle or right lanes for no reason baffles me

    • Welcome to Queensland. It’s a common practice here.

    1. wait for the fine before stressing about it.
    2. unless the speed limit for this section of road was 80 or below, likely no chance of disputing/leniency (which is fair enough because you broke the law).
  • +81

    Thank god they have started to Police this, I have never heard an instance of somebody being punished for this. About time. Sorry OP, I'm not having a go at you, but I travel 750km a week and right lane hoggers are just the worst and the saddest part about it 90% are completely oblivious to it - you might be the unlucky one, but they should really crack down on this hard.

    • -4

      but I travel 750km a week and right lane hoggers are just the worst

      are these driver keeping to the speed limit when they're not driving in the left lane?

      • +32

        That's irrelevant, don't sit in the right hand lane.

        • +35

          @whooah1979:

          as long as there are vehicles on their left travelling at a slower speed.

          That's called overtaking. That's what the overtaking lane is for. Once you've overtaken the car(s), get out of the overtaking lane. Not rocket science.

        • +39

          @whooah1979:

          This is all irrelevant to staying out of the overtaking lane unless you are overtaking. I don't give a flying f$ck what speed other cars are going, if you're in the overtaking lane you need to be overtaking, and once you've overtaken those car(s) you get out of the overtaking lane. That simple. Don't try to defend people who sit in the overtaking lane.

        • +6

          @whooah1979:

          Motorists that overtake us and others that are travelling at the speed limit is speeding.

          If that's their choice what can you do? If they are acting in a dangerous manner than at least they are moving away from you?

          The m4 is being upgraded from Blacktown to Penrith and still we see motorists travelling 110km/h or more at the 80km/s work zones. You may not care about that, but we do

          People speed everywhere, regardless of works zones, school zones or double demerits. Not sure what your point is. Not much you can do about it either. Just abide by the road rules and be in the correct lane for what you're doing.

        • +3

          @whooah1979:

          I do alot of K's on said motorway. Keep left "Unless" overtaking means your justification is wrong.

        • +1

          @IceCreamBandit:

          People speed everywhere, regardless of works zones, school zones or double demerits.

          That's why we need more hwp. Not just on motorways.

        • +5

          @whooah1979:
          You are not the police, it is not your job to enforce the speed limit.

        • +2

          @defecat0r:

          We're not. Why would you think that? That's the hwp job. It's shame that there're so few of them on the roads.

        • +13

          @whooah1979:
          Because your comments made it sound like you would hog the right lane travelling at the speed limit if circumstances allowed so you could block others who are speeding.
          You can’t speed very often on the m4, it is regularly patrolled, so let the speeders make their contributions to state revenue.

        • +2

          @mskeggs:

          Because your comments made it sound like you would hog the right lane travelling at the speed limit if circumstances allowed so you could block others who are speeding.

          A misunderstanding then.

          Keep left unless overtaking, but only overtake in a safe manner and at the speed limit.

        • @mskeggs:

          the m4, it is regularly patrolled,

          Not enough. The only time we see hwp in numbers on the m4 is just before the public holidays, and hiding in known spots.

          They could be making more money by driving up and down the 80km/h work zone.

        • @whooah1979:

          Keep left unless overtaking, but only overtake in a safe manner and at the speed limit.

          Will your car suddenly blow up if you speed? Use your judgement. If the right lane is doing 10km/h over the speed limit and you find a gap, jump in and overtake at the speed limit you will create a traffic jam. If traffic is heavy enough it may need to stop due to the shockwave which is insanely dangerous. Before you say I am full of it, please consider I have a photo of my speedo, in front of a sign just like this, stopped on a freeway two kilometers before an on ramp when people regularly join 10km/h below then jump right and stick to the speed limit. For me it's a weekly occurrence.

          It is far safer to travel at the same speed as traffic as it reduces sudden braking events from inattentive drivers (like op). I agree excessive speeding is stupid because most car's and roads are not designed to absorb the energy of an excessively energetic crash.

        • +2

          @whooah1979:

          We overtake slower drivers while we're travelling at the speed limit. Motorists that overtake us and others that are travelling at the speed limit is speeding.

          It's not your job to enforce the speed limit, and your judgement of what is the legal speed limit and what isn't is based on your own speedo - which according to australian design rules can be off by up to 10%. That's a difference of 10km/h at 100km/h.

          People shouldn't be speeding - but if they're going to speed, there's nothing you can do about it, and it is MUCH SAFER for EVERYBODY on the road, for them to speed in the right hand lane, rather than weaving in and out of traffic changing lanes all over the place.

          Besides, what if someone has an emergency? What if they're taking someone to hospital and there was absolutely no time to wait for an ambulance to arrive? You don't know the other persons situation (nor their speed) so please, for the safety of everyone involved, move the (profanity) over and follow the law.

        • +1

          @ILikeBargenz:

          move the (profanity) over

          That's exactly right! haha

        • @airal3rt: Can you overtake all the cars on the left until you reach work? Just asking

        • @whooah1979:

          Not your job to enforce the law. Your job is to follow it. So stay the (profanity) left unless you're overtaking.

        • -1

          Speeding is as relevant as hogging the right lane.

          Speeding endangers everyone around you and increases the damage caused if there is an accident as well as the likelihood of an accident.
          Hogging the right hand lane creates frustration which increases the chance of road rage and accidents.

          I honestly don't understand people who defend one and bag the other. BOTH behaviours SUCK.

      • +11

        NSW Road Rules on Overtaking

        On multi-lane roads with a speed limit of more than 80km/h, motorists must not drive in the right-hand lane unless they are:
        - overtaking
        - turning right or making a U-turn
        - avoiding an obstacle
        - driving in congested traffic
        - driving in a special purpose lane or if there is a Left lane Must Turn Left sign or a left traffic arrow and the driver is not turning left.

        If a Keep Left Unless Overtaking sign is displayed, the requirement applies regardless of the speed limit.

        Your speed has nothing to do with it. The right lane is only for the above actions/situations.

        • +5

          @whooah1979:

          that's why point 4 is driving in congested traffic

        • @whooah1979:

          During peak hour yes, but any other time they can.

        • -4

          @TheBilly:

          We only use the m4 at business hours. There plenty of vehicles slowing down the traffic now that there are roadworks.

        • +6

          @whooah1979:

          What are you even trying to justify here? Sounds like you're just having a whinge just because you can.

        • +2

          @whooah1979: Dude are you even reading the posts you are replying to?

          You said "drivers travelling on the m4 from parra to penrith at 80km/h to 110km/h can't all use the left lane without causing congestion."

          The post that you are replying to says:

          On multi-lane roads with a speed limit of more than 80km/h, motorists must not drive in the right-hand lane unless they are:

          - driving in congested traffic

          No shit, it's almost as if the people who write traffic rules have thought about problems like "if everyone is in the left lane during a busy time, there's going to be congestion!"

          This isn't rocket science. Stay in the left lane until one of those conditions are met. If there's enough drivers in the left hand lane that you're now causing congestion, then the "driving in congested traffic" condition is now met.

        • +4

          It is pretty humorous when people are complaining about people doing something illegal (driving in the right hand lane while not overtaking), because they want to be able to do something illegal (exceed the speed limit) or use it as a justification for something else illegal (tailgating). No sympathy for any of them when they're fined.

        • @Miss B:

          No, I hate stopping on the freeway because these people you are idolising are causing massive shockwaves though the traffic ten cars behind them.

          Around my way we regularly have serious crashes from idiots overtaking other idiots on the left. If either of those drivers followed the law these crashes would not happen.

          Most drivers coasting in the right lane just seem to be distracted and are speeding anyway. I regularly see them swerve every so often (while driving in the left lane). Distracted drivers are often far more dangerous than speeding drivers.

        • @Miss B:
          Exactly. Funny how people are saying speeding is irrelevant here or that they know exactly how much their speedos are off by and can make up for it with their instincts :p

        • @This Guy:
          I'm not sure where you got idolising them from? The bit where I said they're doing something illegal, or the bit where I said I have no sympathy for them if they get fined?

  • +43

    Also could be a good idea to look in your rear mirror more often if you were able to be followed by a police car for 5 minutes without you noticing

    • +50

      Not using the rear view mirror and hogging the right lane often go hand in hand.

  • +10

    My son has surgery in Feb and therefore I was discussing facts with my father.

    Not relevant to the story unless that was your reason for not fully concentrating on the road and its conditions/signs etc. If that was the case the maybe you shouldn't have been on the road or the conversation should have taken place at another time. Do hope everything is okay though.

    Not going to repeat what others have said but once you were done overtaking (you would know because there is no one else in your way), then that would have been the time to go back to the left.

    I have found the review guidelines that may be useful in the event you get the infringement in the mail and want to request a review. However, your offence isn't specified there and it may be an offence that will not be reviewed due to its safety implications (like speeding in school zones).

    • You can ask for leniency based on a clean driving record for 10 years or more…

      • +1

        From the review guidelines:

        SDR (State Debt Recovery) will generally not consider leniency for certain offences, where safety is an issue, such as school zone offences.

        Like I said (and what you've quoted above), OP's offence isn't listed as one that can be reviewed in the guidelines, so it may be considered a safety issue so reviews aren't possible.

        • +2

          it won't be considered a safety issue.

          source: family member who works for SDRO

  • +29

    Oh god I'd cry tears of joy if the cops started cracking down on these oblivious people sat in the right hand lane jacking up the traffic flow.

  • +13

    Sorry to sound harsh but they don't issue these fines that often and I trust that, because they did, it probably means that you deserved it.

    It's frustrating for other drivers and could cause them to make dangerous manoeuvers just to get around you.

    My son has surgery in Feb and therefore I was discussing facts with my father

    This is totally irrelevant.

    Is there any chance I could ask for leniency and they give me only warning?

    Some people get leniency in the form of a warning for low level speeding and it's rare they'd let anyone off after running a red light.

    I personally think that sitting in the right lane is more dangerous than minor speeding, but nowhere near as dangerous as running a red light, so it's in between somewhere. It doesn't hurt to lodge a written appeal admitting to the offence and asking for a caution (the excuse you've mentioned above is unlikely to cut it because it says that you were not paying attention to your driving!)

    • -2

      I don't understand why they would need to drive dangerously to get around you if you're in the right lane and doing the speed limit. Wouldn't the left lanes be going slower then so you can just overtake them anyhow? How can we defend speeding in cases like this? I never drive on highways so I don't get all the hate here. Isn't it illegal to overtake someone by going over the speed limit regardless of which lane is being used?

      • +3

        Just concentrate on doing the safest behaviour for yourself. Let the speeders pass and hopefully get caught by the police in due course.

        Speedos can vary considerably, someone might be sat in the right lane doing 110 on their clock with true speed of 105.

        Another driver might want to sit on 117 on their clock knowing that it's a true speed of 112.

        Thats a fair difference in speed and the 117 driver will want to get by rather than sit 7kmh slower than they wish to cruise at. They will most likely undertake if the 110 car stays in right lane

        • Let the speeders pass and hopefully get caught by the police in due course.

          The problem is motorists that speed won't change their behaviour until they hit an object at high speed, injure or kill another person.

          https://www.ozbargain.com.au/node/350674#comment-5442840
          I have had over 20 speeding tickets, but I have NEVER had a car or motorbike accident in my life.

        • +1

          @whooah1979:

          Well don't get in their way then, self-preservation and all.

      • Isn't it illegal to overtake someone by going over the speed limit regardless of which lane is being used?

        Speeders will speed. It is safer for them to overtake in the right lane than making them undertake in the left lane where there's slower traffic.

        It is the speed differential that is dangerous.

        They've created the rule so that if you're not overtaking, then you should move to the left (obviously with the exception of certain circumstances).

        It's not your job to police other drivers.

      • They don't need to overtake. They want to move faster than you. You are being selfish and stopping them. It's like standing to the right on an escalator. If you want to go slower, stay left.

        The hate is there from people who don't want to waste an extra 40 minutes a day on freeways.

        It is illegal to sit in the right lane when the left is empty. The only high path here is keep left and don't speed.

  • +25

    +1 to the cop.

    • +4

      +1 to the cop.

      Absolutely. There should be more hwp on the m4, every other motorway and arterial roads.

  • +9

    Deserved. Keep left and pay attention.

  • +1

    I bet you are a tail gater too!

    • and drives 10km/hr below the speed limit in the right lane

  • +19

    no offence to you personally, but i’m glad the police booked you. People need to be educated. It’s frustrating and creates dangerous situations.

  • "I was not over speeding"

    Maybe this is why the police pulled you up - Speeding!
    No such thing as over-speeding.

  • +17

    I really wish police in Victoria issued fines for this.

    Right lane hogging is much more dangerous than many people realise and I'm positive it ultimately causes more accidents than people doing 2kph over the limit.

    Right lane hogs are so common in Melbourne that very often this "fast" lane is actually the slowest.

    People need to learn that it doesn't matter what speed you are doing, the purpose of the right most lane is for overtaking only.

    Ideally on multi-lane roads each lane from left to right should contain traffic moving progressively faster than the one to its left (lane 1 slowest, lane 2 faster, lane 3 faster again etc)

    But in Melbourne it's lane chaos … I'm convinced we have the world's worst drivers here.

    • +2

      Nah Sydney does!

  • +10

    You were in the wrong. Pay your fine, cop the demerit points and learn from it.

    I am sick and tired of thoughtless people on the Princes Highway sitting in the right hand lane and doing UNDER the signed speed limit blisslessly ignoring the queues of cars behind them and forcing them into unsafe manoeuvres to pass on the left hand side.

    If it was up to me I force all drivers who ignore the road signs thinking that somehow they are exempt or special to resit their drivers licence as they obviously don't deserve their current one.

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