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

    • -6

      forcing them into unsafe manoeuvres

      Nobody can force a driver to drive in an unsafe manner. They either do it or they don't.

    • 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.

      I hate this too, but I don't think that was the case here? The freeway seemed quiet and the driver was not blocking a queue of cars or impacting traffic in any other way. Would have been good to get a caution from the police instead of a fine especially as the driver admitted fault, did nothing else wrong and has a clean record.

      I wouldn't call him a thoughtless person at least.

      • A far bigger concern for me is that they weren't fully concentrating on driving, as they admitted. I am horrified by the way some people drive because they're talking or playing with their phone or whatever else other than driving.

    • anyone who has received demerit points should have to resit their license tests next time they renew their license. perhaps not for speeding as it would overload the system.

  • +7

    Many people can have conversations and drive on automatic pilot and obey the road rules. If you are not merging left automatically this is something you do regularly but I bet you won’t be from now on.
    Not being aware the police have followed you is not being aware of your surroundings. Sounds like you would be best not to talk at all while driving and just concentrate on what you are doing.
    I too wish the Police would do this more often.

  • Demerit point I think will start appear in your record after you pay for it.

  • Have had many conversations with my partner regarding this.

    The road rules are clear. A colleague of mine got pulled for exactly the same thing. He was on as empty freeway but the Police officer still gave him a caution for effectively obstructing the free flow of traffic.

    I sympathise with your son's situation but again as others have mentioned this shouldn't change the fact that you're driving a ton of plastic and metal at high speed.

    Good luck with your appeal. I honestly hope it is granted as I think you've learned your lesson.

  • +4

    I drive in Europe for around 4 months each year and have to say its a breath of fresh air to drive where no one hogs the overtaking lane. It just baffles me why this is so common in Australia and I have never understood why so many do it and get away with it. You would not last long in Germany where cars zip along at 200kmh plus in the fast lanes. I think we need cameras monitoring here like you see in bus lanes where if you hog the lane you receive a fine, people may get the message then as not enough patrol cars to deal with widespread issue.

  • -2

    they should start giving fine to people who overtake using right lane when you are already going at the speed limit in the middle lane or left lane

    • +11

      What? They do… It's called speeding..

    • +3

      lmao

    • +7

      More like a "stupid tax"

  • +7

    I was out with my family to Kiama. On my way back to Sydney I saw a couple of cars side by side going at the same speed. The guy in the right lane had no intention of overtaking. Two minutes later, realized that they were friends and were taking videos and photos of each other. Needless to say, a lot of cars had piled up in the right lane including myself. Fines are not enough for these goons.

    • Why didn't you get your family member to video them and submit to the authorities?

  • +5

    They should crack down on this more. Often I'm in the right lane trying to overtake idiots doing 10km/h below speed limit and when I see what hold up is, there is usually one car with a trail of 10 cars behind it jamming up the traffic. Sick of it… And they slow down for everything. If there's a car parked in the emergency stopping bay , they slow down as if there's an accident! Then it takes them about 5km to speed back up to the speed limit

    • +1

      The best one's are the one's doing 90 in a 100 zone on a single lane then the overtaking lane comes up and what do they do they speed up. :(

      How hard can it be overtake the car and get back in the left lane i miss them European highways. :(

      Lol also on my way to Kiama this morning see a lady on the phone hazards on half the car on the road blocking the lane the other half on the driveway i sometimes wonder what goes thru these people's minds.

      • +1

        The best one's are the one's doing 90 in a 100 zone on a single lane then the overtaking lane comes up and what do they do they speed up. :(

        I see this so often! It is very frustrating and certainly causes many drivers (stuck behind them) who aren't super patient to take unnecessary risks. This sort of driver behaviour I'm sure isn't factored into the findings for accidents/fatalities. As a result the message is "towards zero." How about "towards everyone fully concentrating while driving and completely following all of the road rules"?

  • Disclaimer: IANAL, this is not legal advice, if you try this and get locked up you can’t sue me etc.

    NSW has double demerit points in force during the Christmas period. Looks like you’re up for $330 plus 4 point.

    A few years ago I was clocked doing 75 in a 50 zone in a country town. The lte were 2 sets of 50 ahead signs followed by a 50 area sign. The HWP were sitting about 100m past the third sign. I later found out this was a well known spot for getting booked. I ended up with a $480 fine and 8 demerit points.

    I decided to take it to court. I sat through about 6 repeat offender drink drivers getting a mix of community service, good behaviour bonds and suspended sentences. I plead guilty and explained that I wasn’t familiar with the area, there was a lot going on in the car (kids unhappy, partner wanting to discuss dinner, needing a break from driving etc). I asked for the fine and the number of points to be reduced. I walked out with a 6 month good behaviour bond and an invoice to pay around ~$200 to the poor box and court costs.

    In the end it cost me almost 2 days work because I had to travel to whoop whoop north. If yours happened closer to home it might cost you a morning. For me it was worth it due to the points.

    • NSW has double demerit points in force during the Christmas period. Looks like you’re up for $330 plus 4 point.

      This is not correct.
      Double demerits only applies to speeding, mobile phone, seatbelt and helmet offences.

    • I didn't think the courts could "reduce" the demerit points. RMS would still apply them, irrespective of reduced fine, unless the court found the charge not proven. In your case, you plead guilty.

    • +7

      I was always at 1 to 2Km above speed limit. I was not under the limit so not causing concern to any car.

      Read the road rules. You are not to be in the right lane unless there are certain circumstances such as congestion. Speed has nothing to do with it. I quoted this in an above comment.

      police could have given warning but they decided to generate revenue.

      Good grief. You admitted to being at fault last night. You are at fault regardless how long the offence was and who else committed the same offence later and was not caught.

      • -4

        I am at fault but the police should consider circumstances, driving record and road danger at that point of time before handing over fines.

        • +5

          What circumstances?

          You driving was breaking the rules, those are the only circumstances the police observed and they did their job. (Allegedly clear) traffic conditions do not mean you can do as you please.

        • +1

          @IceCreamBandit: Anyways I learnt my lesson and will be very cautious going forward.

          I will apply for leniency review and pay the fine and move on if not granted.

        • +1

          So… You're for discretionary police rulings on matters of the law? I would almost join the force of I got to decide on a whim who got fined and who didn't.

          Clearly broke the law and admitted fault? Not so fast officer… Take a minute to consider circumstances and driving history before you make a decision…
          On the other hand… Officer, don't you think shooting his tyres out was an over reaction?
          Nope. The guy's a (profanity). Sits in the right lane and gets passed on the (profanity) left… He's lucky he got to tell the story…

  • +1

    These rules seem really stupid at times. There were some instances when I had to move in the right lane due to construction/road work and stay at 40 km/hr. About 99% of vehicles would go to the left lane and speed up to 100km/hr. There's no way I can move into the left lane until my car passes the next speed limit sign and it is safe to do so. I also had another situation where I was trying to overtake the vehicles on the right lane and the speed limit was 100km/hr but suddenly it changes to 80km/hr. Now I had to adjust my speed to 80km/hr and can't even move to the left lane due to the new speed limit. In these situations I would have to break the law by going beyond the speed limit to move to the right lane. Either way you still get a fine so what am I to do? These laws just don't make sense and it doesn't help when the police just want to issue as much fines as possible.

    • Thank you! Finally some common (not so common) bloody sense.

  • +5

    It'd be nice if HWP enforced this in Vic on the Eastern Freeway…

    • +4

      Agreed, I can almost guarantee OP was under the speed limit like every other selfish driver that sits in the right lane. Bring on more fines in VIC.

      • -1

        Just because you think doesn't mean it happened.

        • so you are one of the very few that have had their speedo calibrated after the car left the factory?

    • ha ha I found Vic one of the better places for this issue. Try coming to WA and drive along the freeway….you guys got it good ;-)

  • +9

    Not nearly enough fines get dished out for right lane hoggers. People in Australia seem to think doing the speed limit gives them the right to stay in the right lane.

  • I've often wondered what motivates right lane hogs… ie. why do they do it?

    • I think their just stupid, like literally mental defficiency.

      • "they're" and "deficiency"

  • +1

    Another of these winning 'Help! I got fined!' Ozbargain threads.

  • Not relevant to the thread, but on topic, if you were behind someone in a left lane, and they were doing less than the speed limit, so you merge right and proceed to overtake (AT THE SPEED LIMIT) meanwhile the person on the left has sped up to the speed limit and sits right next to you. Should you A. SPEED to get in front of him and clear the right lane? B. slow down in the overtaking lane and merge left? C. ride it out and wait for an opportunity to merge left?

    Anyone who sits right behind the person in this predicament metres behind their bumper itching to flip the bird and speed off at the chance they are able is the true danger to road safety, no amount of upvotes or downvotes here will change that.

    • +1

      meanwhile the person on the left has sped up to the speed limit and sits right next to you

      The other person has broken the law there. If the other person is deliberately doing that then I would just slow down and give them plenty of space so they can be a nuisance elsewhere

  • February's in two months

  • +2

    I was talking to a friend who is now retired from the police force. He basically said most fines he issued for not keeping left related to certain profiles. Denied it as racism, just that people oblivious to the keep left law commonly were from certain regions of the world. He said he gave up warnings as they would argue the point so in the end he just fined them and told them the reason. This was 20 years back and he put it down to immigration and not understanding AU road rules.
    Maybe the department who issue licences should hold a bit or responsibility here. Much easier to educate beforehand than having to police it. Too many people ignoring or not understanding this rule irrelevant of background these days.

  • +1

    Major cause of traffic jams and crashes. Move over.

  • +1

    Out of curiosity (I'm in Vic), if the speed limit is 100km/h, and your in the right lane overtaking, you can't go above 100km/h, correct? I know it's such a stupid question, however I often (and by often, pretty much all the time) see cars in the left lane doing say 100km/h in a 100km/h road, and cars on the right overtaking - but at a much faster speed.

    Also this left lane right lane over taking scenario, am I correct to say it only applies to roads that have limits of 80km/h and higher?

    • They're all speeding to overtake. That's how motorists do it in nsw.

      • Same in Vic, wouldn't surprise me if it was the same everywhere lol.

        That's the only thing that annoys me, sometimes I'll be in the right lane overtaking and I'll be smack on 100km/h (in the 100km/h zone) and you've got someone on your ass trying to get you to go quicker - which is stupid dangerous (especially when trucks do it) - and mind you it hasn't been safe to jump into the left lane.

        • which is stupid dangerous (especially when trucks do it)

          Tell us about it. These trucks travelling at >100km/h are so close that we can't see their number plates. It's almost like they want to push us off the road to overtake us.

        • That's the only thing that annoys me, sometimes I'll be in the right lane overtaking and I'll be smack on 100km/h

          If it takes way too long to overtake, it means you and the person you're trying to overtake is driving at a very similar speed. And if the person you're trying to overtake is within a few k's of you're speed (close to the speed limit), why try to overtake? You can always ease off the accelerator and slip in behind.

          Because even if you do eventually get to overtake, travelling speeds vary slightly all the time and in no time, the person you overtook earlier will be trying to overtake you back and you'll be back to square one.

    • +2

      Yes people speed in the right lane. People also go to slow and don't move out of the lane. Doesn't make either of them any less wrong.
      Legally you are only required to keep left on roads 80> however it is courteous to move out of the way on slower roads. Not enough people practise courteous driving and believe because they can they should.

      • +1

        Totally agree with you.

        The law is an ass sometimes, but some common courtesy from everyone would help make things much better.

    • -1

      Have you actually got a licence?

  • +5

    Well deserved fine.

    • Well deserving of imprisonment and/or community service and to be made to do driving course.
      OP clearly has not learnt his/her lesson

  • +1

    Sorry OP, cant back you on this one.

    Keep left when driving when possible.

    Should be enforced more IMO

  • +3

    Sorry but so glad you got booked.
    Anyone thqt sits in the right lane for no reason and does not notice other cars around them (especially a HWP) is a danger to everyone, its not a minor over site but just plain poor and selfish driving
    Do your overtake and move back into the left of middle lane, it is not up to you to police the speed limit.
    I sit on 119 in the 110 zone acccording to my speedo but my GPS shows 110, you may think you are doing 110 but you are doing closer to 100-102 as all cars over read the speed.
    I have done this for 30 years and have not been booked in 27 years even though I have a car that stands out and says pick me to the police.
    You can write a letter requesting a caution as its been 10 years since your last offence but with the poor XMAS holiday season road toll I don't fancy your chances.

  • -5

    If it's true that no one was in the middle lane then you're not a lane hogger and it's extremely bad luck to be booked for it.

    I think the police were told to be extra "diligent" in monitoring roads during the holiday season.

    I would contest it, especially if you have dashcam evidence to support your claim that you did not cause negative effects on other road users.

    Good luck.

    • +1

      If it's true that no one was in the middle lane then you're not a lane hogger

      Even if there was no-one else on the road - if you're not overtaking, you should still keep left.

      • -2

        I know that's the law but it makes no sense in this context.

        I forgot to say that it would not be OK to be in the right lane if there were cars behind you.

        • +1

          Username checks out

        • That's so stupid. Who even follows laws based on context? How about following laws because they are laws. Literring is an offence, lets say your bin is full at home, will you then chuck the rubbish on the road and say its ok because of context - my bin is full I have to do something?

        • Mate just read the news. The cops are sick of it. I don't blame them for throwing the book at people not following the road rules. They're exhausted and traumatised by all the shit they've seen over the last couple of weeks, anyone not driving properly in this season, especially given everything that's happening on the road is just a whole new level of self entitled.

        • -1

          @TheBilly: Driving in the right lane when there is no other cars on the road doesn't negatively affect anyone. But littering does!

        • -1

          @MissG: Disagree. I don't see how it is dangerous if the middle and right lane were empty.

        • @Snail: true, if there is literally no other cars you cant get booked. They don't have overtaking lane enforcement cameras.

        • @Snail: Because if a drunk/drugged/fatigued driver crosses over from the other side of the road, and you're sitting in that lovely empty right lane, you will likely die. And the cops/ambos will have to scrape you off the road. They will then need to show up on your family members doorstep, at Christmas, and break apart their lives. They will then have to go home to their own Christmas, with images of dead bodies and broken families burned into their minds while they eat Christmas dinner with their families. The rules are there for a reason, they're not just for fun and if you don't like them I suggest not driving.

        • @Snail:

          No it doesnt, you can step over or around the litter, you can live in a rural street when your the only house, the litter can just decompose. The basis here is context doesnt apply.

        • @TheBilly: Litter isn't only bad because you might come in physical contact with it. It's an eyesore, smells bad and might be bad for the environment.

        • @MissG: I see your point though I think you're overstating the degree of danger here and overdramatising the situation. Drunk/drugged/fatigued drivers are dangerous no matter what the circumstances are. Although any possible way to improve safety is a good thing, is this going to make a difference? I'm not sure.

        • @Snail: Frankly I don't think the situation can be dramatised enough, not until you've lived it or been a responder. Calling it overstated and overdramatised is just wilful ignorance. You follow the road rules to minimise the harm of those drivers, that's they they're there. And that's why our road accident levels are nothing like what they are in the developing world where the same controls are not in place.

  • +3

    I read this post earlier this morning and had drafted a sympathetic reply in my mind but I'm now at the end of a very long and somewhat confronting day so I'll say this.

    The police did you a favour. These rules aren't there for no reason. Yes the road was probably empty and yes you could argue that no harm might have come to you, but things can change in an instant. That's how people die. Who knew what might have been around the corner? By booking you, the cops may have prevented you from being maimed and killed, or someone else. By booking you they've changed your driving behaviour (hopefully) forever, by you posting on here you've reminded us all not to get complacent.

    They are probably being a bit harder on people because of the holiday season, as they should be, and we all should be more careful on the road during this time. More emotional people, more drunk people, more people on drugs, all letting their attention lapse for a second. If someone had of crossed from the other side of the highway, you would have been toast, but not if you were in the left lane. I know it's a lot of ifs, but these things happen instantaneously and there is no warning.

    Argue with them if you want, yes it sucks, but like I said, they've done you and others a massive favour.

  • +7

    I'm so so proud of that police officer.
    Any police officer on this website, please exercise this often.

  • This be Ozbargain brahbrah, don't be coming here looking for any sympathy. Pay your fine and play by the rulez next time.

  • +1

    If they just started fining Trucks that do this.

  • -1

    Apply for leniency on the basis of good driving history; instructions will be included with the fine or go to OSR website. If that fails go to court; magistrates are human too and there’s always a good chance in my experience that they will remove the fine/demerits for guilty plea. Can’t give you any legal advice but my bet would be extenuating circumstances like financial hardship, outstanding driving record etc. Don’t bring up being distracted in any way. Get procedural legal advice from Legalaid or community center if entitled. Keep in mind there will be court fee ($80??) and RMS fee to obtain driving record ($30??). But also keep in mind that if you do nothing your CTP and other insurances will go up substantially next time you renew. I just hope you’re not a serial offender and it’s not your usual habit and you’ve learned your lesson. To all the haters out there - cop/pay argument is valid but ALL of us make mistakes once in a blue moon.

  • +2

    Sounds like double demerits this Christmas season too. Guess you will have to take it as a lesson learned.

    You can write to the driving authorities for leniency but not sure how it will go. At least give it a try.

    But most of all, just take it as a lesson. There are other worse offences.

  • Stop talking n start paying attention.

  • I have never seen this enforced before, but pleased it may now be so.
    Sorry for you. Main infringers are nervous drivers who have not learned lane changing.

  • Glad to see this rule enforced. Sucks to get a fine but a "moments in attention" is all it takes for an accident or in your case breaking the law and receiving a penalty notice.

  • One of the most frustrating experiences I had when I was driving up to Queensland last year was exactly this. People who stuck to the right lane for no damn reason. I didn't see any keep left unless overtaking signs in Queensland though…

    Sorry OP, but you got done for good reason.

  • Do you also speed up when there is an overtaking lane because I bet you're the type of person who does that too!

  • Wow for someone who has been driving for 10 years and lives in Sydney the ignorance is incredible.

    Would like to see cops do this more often.

  • +1

    On a 3 lane 110kmh zone, I get really annoyed when someone drives at 100km on middle lane

  • Sorry, but this post made my day.

    Just returned from the M1, with all the right lane mupties, risking lives and holding up traffic.

    When they sit under on just under the speed limit, muppets overtake on the inside lane jeopardising safety.

  • +1

    They should fine people who sit in the right lane over people who speed. I find those who sit in the right lane to be far more annoying that hoons who zip past me at 150 km/h. At least they get out of the way pretty quickly.

    • Mate, I agreed with you.

      I don't care what lane you're in just don't be super slow. So annoying. They are the real problem.

  • On ya Opie

  • Its not even an obscure fine, there are big signs along freeways specifically stating it.

    SDRO…submit an online application for a waiver. Do not pay the fine first. If you have a clean record you will get let off with a warning.

    Don't dawdle …at any speed…in the right lane…pisses everyone off and causes stress, tailgating, poor overtaking decisions and accidents.

    People that even sit in the right lane, AND are totally oblivious to frustrated drivers behind, are complete effwits.

  • pay the fine and take it as a lesson learnt…..you even admit yourself that there are signs telling you not to sit in the right lane….

  • So I shouldn't be driving in the right lane if I am not overtaking or speeding to get to work quicker on the motorway. xD

    • No. Keep left.

  • About time the police start cracking down on selfish fools that can't keep left unless overtaking. These clowns really deserve a larger fine and more demerit points deducted.

    As for the OP, there is a decent chance you can have the fine waived given your driving history. Just submit a sincere, contrite, and apologetic letter and promise not to do commit this offence again.

    • This, I would also make sure to tell them you're an Ozbargain member.

      If they don't waive the fine you should get a substantial discount.

      And don't forget Crashrewards.

  • I was travelling in right most lane for 3 KM

    therefore I was travelling in right most lane to overtake them

    It took you 3K to overtake them?

    • more than likely driving in right lane 10km/hr below speed limit also

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