Speeding Offences

Speeding may be detected by police, mobile speed cameras or fixed speed cameras.
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If you speed, the penalties that you may face are dependent upon how much over the speed limit you were travelling, the type of licence, the type of vehicle, whether it was ‘double demerits’. It will also include consideration as to whether the case is dealt with by a penalty notice or in court.
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Police are able to issue an on-the-spot suspension if you speed in excess of 45km/h over the speed limit (full licence holders) or speed in excess of 30km/h over the speed limit (learner or provisional licence holders).

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Cases may be dealt with at court where you are charged by police, ‘court elect’ a fine, or where you choose to appeal a licence suspension.
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For example, if you receive a fine of exceeding the speed limit by more than 45 km/h, you will receive an automatic 6-month licence suspension, regardless of how many demerits points you have.
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In this circumstance, you could appeal the decision of Transport for NSW to suspend your licence, asking the court for leniency due to a range of factors including:

• Your need for a licence

• Your criminal and traffic history

• Any steps you’ve taken to address the issue

Once you appeal your fine and your matter is heard by the court, the court can then make one of the following orders:

• Uphold your appeal (the appeal is successful, and you are not suspended),

• Reduce the suspension period (the appeal is not successful, but the suspension period is reduced due to your circumstances), or

• Dismiss your appeal (your appeal is unsuccessful, and the full suspension period applies).

If you submit a licence appeal or ‘court elect’ a traffic fine, your lawyer will do the following:

• Take instructions from you regarding the reason for your speeding.

• Go through your traffic history and the facts of the case with you.

• Assist you in preparing apology and character reference letters.

• Take details from you regarding your employment, need for licence and dependants.

• Attend court with you and make submissions on your behalf.

If you decide to ‘court elect’ a speeding fine, it is also important to note that you can enter a plea of not guilty if you believe that one of the following apply:

• Mistaken identity.

• Honest and reasonable mistake of fact (you honestly believed you were within the speed limit in circumstances where it was reasonable for you to hold that belief).

• The radar or speeding device was not calibrated on time or was faulty.

• Duress or necessity.

Penalties for speeding in NSW range from the speed limit and are different for full-licence and provisional licence holders. It is important to note that when you court elect a speeding fine, it ‘turns into’ a Court Attendance Notice. This means that apart from the penalties for speeding which are listed below, the court can also issue one of the following:

• S10(1)(a)

• Conditional Release Order without conviction

• Conditional Release Order with conviction

• Fine

• Community Corrections Order

• Intensive Corrections Order

• Full-Time Imprisonment

If you receive a non-conviction penalty, you will not be subject to any suspension or fine. If convicted, the court can also issue bigger fines.

If you are convicted by a court, the following maximum penalties will apply:

If you are on a learner or provisional licence and commit any speeding offence, you will receive at least 4 demerit points.
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For learners and P1 licence holders, this means that your licence will be suspend or refused for at least 3 months.
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If you are a provisional P2 licence holder, you will be required to stay on this licence for an extra 6 months every time you are caught speeding 30km/h or more over the speed limit, as well as receiving a licence suspension.