Trifling Application
Under the Motor Vehicles Act 1959 (SA) and the Road Traffic Act 1961 (SA), a trifling application refers to a request made to the court to have a traffic offence deemed "trifling."
What is a Trifling Offence?
A traffic offence may be considered trifling if the circumstances show that:
- The offence occurred due to factors beyond the driver’s control.
- The driver made an honest and reasonable mistake.
- The offence caused little to no harm or danger.
Why you Need Legal Advice
PCA offences carry severe penalties, including mandatory licence disqualification. If you have been charged and believe your circumstances were trifling, contact Stanley & Co Lawyers on 08 7001 6135 to speak with an expert traffic lawyer. We offer a complimentary 30-minute, no-obligation first consultation to discuss your case and legal options.
Helpful Questions & Answers
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Why Apply for a Trifling Determination?
If the court accepts that an offence was trifling, the penalties may be reduced or waived, including fines, demerit points, or licence disqualifications.
How to Apply
- You must submit an application to the court, presenting evidence and arguments to support your claim.
- The court will assess the facts before deciding whether the offence qualifies as trifling.
For Example
In South Australia, a trifling application can be made for prescribed concentration of alcohol (PCA) offences under the Road Traffic Act 1961 (SA). This allows a person charged with a drink driving offence to argue that the circumstances were exceptional and that the offence should not attract the usual penalties.
Can a PCA Offence Be Considered Trifling?
A PCA offence may be considered trifling if the circumstances show that:
- The offence was due to factors beyond the driver’s control.
- The driver made an honest and reasonable mistake about their blood alcohol concentration (BAC).
- The offence did not pose a real risk to public safety.
However, courts are generally reluctant to accept PCA offences as trifling due to the serious risks associated with drink driving.
Possible Scenarios for a Trifling Application
Examples where a PCA offence might be deemed trifling include:
- The driver had a very low BAC reading and had unknowingly consumed alcohol (e.g., spiked drinks).
- The driver was moving the vehicle a very short distance (e.g., from a driveway to a parking spot).
- There was a genuine medical emergency requiring the driver to operate the vehicle.
What Happens If the Court Accepts the Application?
If a trifling determination is granted, the penalties may be reduced or waived, potentially avoiding licence disqualification, fines, or demerit points.
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