Speeding
Speeding Offences
Speeding is one of the most commonly penalised traffic offences in New South Wales. The penalties for speeding depend on how far over the speed limit you were driving, the type of licence you hold, the type of vehicle, whether the offence is subject to ‘double demerits’, and whether the case is dealt with via a penalty notice or in court.
What is the Law?
Speeding offences are detected by police, mobile speed cameras, or fixed speed cameras. Police may issue an on-the-spot suspension if you are:
- 45 km/h over the limit (for full licence holders)
- 30 km/h over the limit (for learner or provisional licence holders)
Penalties for Speeding
Penalties depend on the extent of speeding and whether it is your first or a subsequent offence.
Penalties for Speeding Over 45 km/h Over the Limit
- Full licence holders:
- Automatic 6-month licence suspension
- You can appeal to the court to reduce the suspension based on your circumstances (e.g., need for a licence, employment, steps taken to address the issue).
Defending a Speeding Charge
If you decide to court elect a speeding fine, you may enter a plea of not guilty if any of the following apply:
- Mistaken identity: You were wrongly identified as the driver.
- Honest and reasonable mistake of fact: You honestly believed you were within the speed limit, and it was reasonable to hold that belief.
- Faulty radar or speed device: The radar or speed detection device was not calibrated or malfunctioned.
- Duress or necessity: You were forced to speed due to an emergency.
Penalties Based on Speed Over the Limit
Speed Over Limit | Full Licence Holders (Non-School Zone) | Full Licence Holders (School Zone) |
Not more than 10 km/h | Fine: $123 | Fine: $203 |
More than 10 km/h but not more than 20 km/h | Fine: $285 | Fine: $365 |
More than 20 km/h but not more than 30 km/h | Fine: $489 | Fine: $609 |
More than 30 km/h but not more than 45 km/h | Fine: $935 3-month suspension | Fine: $1,179 3-month suspension |
More than 45 km/h | Fine: $935 6-month suspension | Fine: $2,676 6-month suspension |
Penalties for Provisional or Learner Licence Holders
If you hold a learner or P1 provisional licence and commit any speeding offence, you will receive at least 4 demerit points, which will result in a suspension for at least 3 months.
For P2 provisional licence holders, speeding 30 km/h or more over the limit will result in:
- A licence suspension.
- Additional time on your P2 licence (6 months for every speeding offence).
Speeding Offence Maximum Fines
- Not more than 10 km/h over the limit: $2,200
- More than 10 km/h but not more than 20 km/h: $2,200
- More than 20 km/h but not more than 30 km/h: $2,200
- More than 30 km/h but not more than 45 km/h: $2,200
- More than 45 km/h:
- Light vehicle: $3,300
- Heavy vehicle: $5,500
A minimum licence disqualification of 3 months applies for speeding more than 30 km/h over the limit, and 6 months for speeding more than 45 km/h.
Need Legal Help with Speeding Offences?
If you’ve been charged with speeding, a court elect option or licence appeal may help reduce your penalties and get your licence back. IMS Lawyers Australia can assist with your case to potentially avoid licence suspension or fines, based on your specific circumstances.
Contact IMS Lawyers Australia today for expert legal representation.
