NEW SOUTH WALES OFFENCES

EXCESSIVE SPEEDING

If your vehicle is detected by a fixed speed camera, mobile speed camera or Police Officer and a penalty notice is issued, you will receive a fine and loss of demerit points for excessive speeding in NSW. Where the speed exceeds 30km/hr over the posted speed limit, this will be deemed “excessive” and immediate discretionary suspensions are able to be imposed.

The Penalty

If you get caught speeding in excess of 30km/hr you will receive a fine of $884 and 5 demerit points. However, what many people do not know is that RMS hold a discretion to suspend your licence for a period of 3 months.

Depending on what type of licence you hold, the police also have the power to issue you with an immediate licence suspension for a period of 3 months.

Learner and P1 licence holders will have their licence suspended for at least 3 months for any speeding offence.

There are mandatory minimum suspension periods for exceeding the speed limit by more than 30 km/h (3 months), and by more than 45 km/h (6 months). If caught exceeding the speed limit by 45km/h or over you may have your licence immediately suspended and confiscated on the spot for 6 months.

Police can also impound or confiscate number plates from a vehicle for a period of 3 months:

when a driver is caught exceeding the speed limit by 45km/h; or
a disqualified driver is caught exceeding the speed limit by 30km/h.

If a disqualified driver is caught speeding by more than 45km/h over the speed limit, Police can impound or confiscate number plates from a vehicle for a period of 6 months.

Can I Defend The Charge?

If you face an immediate licence suspension, you can appeal within 28 days under Section 267 of the Road Transport Act 2013, demonstrating exceptional circumstances for needing your licence. A Section 10 dismissal is possible for speeding offences, dependent on the offence's severity and if you haven't received a Section 10 in the past 5 years.

Defences against speeding charges include challenging the accuracy of the alleged speed. Serious cases, especially speeds over 45km/hr, could lead to additional charges like dangerous or careless driving, making it crucial to contest the speed if inaccurately recorded. Consider any admissions made or reasons to dispute the alleged speed.