SPEEDING OFFENCES: THE PENALTIES
The NSW Government enforces serious penalties for drivers who are caught speeding.
There are different penalties that apply depending on the severity of the offence and the type of licence that the driver holds:
A summary of speeding offences and penalties (as at 1 July 2019) are listed in the below table.
|Exceed speed 10 km/h and under (other than a learner or provisional licence)||$121||1||YES|
|Exceed speed 10 km/h and under (learner or provisional licence)||$121||4||YES|
|Exceed speed over 10 km/h (other than a learner or provisional licence)||$280||3||YES|
|Exceed speed over 10 km/h (learner or provisional licence)||$280||4||YES|
|Exceed speed over 20 km/h||$481||4||YES|
|Exceed speed over 30 km/h||$920||5||YES|
|Exceed speed over 45 km/h||$2,482||6||YES|
For a full list of speeding offences and penalties, you can see the list here.
Licence Suspension and/or Disqualification Periods
Licence suspensions and/or disqualifications can be imposed if a driver is found to have exceeded the speed limit as follows:
- By more than 30 km/h but less than 45 km/h = 3 months; and
- By more than 45 km/h = 6 months
Learner or Provisional (P1) Licence Holders
- Immediate licence suspension for a minimum of 3 months
Provisional (P2) Licence Holders
- Requirement to stay on their P2 licence of an extra 6 months each time the driver is caught speeding 30km/h or over;
Impounding and confiscation of number plates
- When a driver is caught exceeding the speed limit by 45 km/h = 3 months;
- When a disqualified driver is caught exceeding the speed limit by 30 km/h = 3 months
- When a disqualified driver is caught exceeding the speed limit by more than 45 km/h = 6 months
Double demerits applies for speeding fines incurred during long weekends and public holidays, meaning that demerit points incurred will double during declared public holiday long weekend periods.
Appealing a Penalty
In the event that a driver’s licence is suspended, the driver may appeal the licence suspension through the Court.
The Court will consider the driver’s reasons for appeal (including any mitigating and aggravating factors) and make any of the following decisions:
- That the appeal be successful and licence suspension cancelled;
- That the licence suspension period be reduced;
- That the appeal be dismissed and licence suspension upheld
Regardless of what the Court finds in relation to a licence suspension appeal, the demerit points will remain applicable and enforceable.
It is important to consider whether an alleged offender will require legal representation to appeal a penalty imposed by the RMS.
An experienced solicitor will be able to provide tailored advice to the alleged offender and provide options, assist in the preparation of character references and letters of apology, as well as making submissions before the Court on their behalf.