Speeding Offences NSW
Speeding offences make up the majority of traffic infringements in NSW and as is well known, raise a large amount of state revenue. On an almost daily basis, most drivers will pass RMS fixed speed cameras, mobile speed cameras or police radars of some description. When it comes to speeding fines NSW drivers are always at risk, particularly with so many changes in speed limit zones or being caught out driving through road work zones with less than obvious signage, even when no road works have taken place in days or weeks.
All speeding infringements incur demerit points and an accumulation of demerit points beyond the demerit point threshold attracts licence suspensions. (Read further about appealing a NSW licence suspension).
It is important to obtain legal advice if you receive an infringement notice for speeding, especially if there is a chance that the accumulation of demerit points will result in a suspension. Often, drivers take action in relation to a speeding fine before seeking our advice, only to find that they have placed themselves at a disadvantage by not first seeking legal advice and not implementing the correct strategy to begin with.
The majority of drivers cannot afford to be without a licence, so understanding the available penalties for the most common speeding offences and the available options infringement can be important to allow a driver to determine how to proceed.
Our Speeding Fine Lawyers have a proper understanding of the subtle complexities of the law relating to speeding offences, the demerit points scheme, suspensions, the effect of suspensions, the available disqualification periods if the matter goes to Court and importantly, how to assist you in optimising your chances of keeping your licence or, at the very least, reducing the time you would otherwise spend off the road.
In addition to the usual, common speeding infringements, there are also the more serious speeding offences, such as exceeding the speed limit by more than 45km/h and driving at a speed dangerous to the public.
Where someone is pulled over by police for speeding and the police allege that a driver of another car was also involved, the police will often charge the driver (or both drivers) with a "street racing" offence. Although excessive speed is not a necessary element of the offence of "street racing", police will typically on speed as a factor when charging someone with the offence. This usually means that the person receives a fine for speeding as a "back up" to the street racing offence.
Our lawyers are not only experienced at successfully representing people on appeals against licence suspensions as a result of speeding offences; we also have the ability and know how to defend speeding and street racing charges. See an example of a successful defence against a street racing charge by one of our lawyers.
Suspension periods for some speeding offences range from 3 months to 6 months. The disqualification periods for driving at a speed dangerous and street racing are lengthy and the offences also carry terms of imprisonment as the maximum penalties. It is therefore advisable to speak to an experienced lawyer if facing a serious form of speeding offence.
For less speeding offences (particularly where the driver is not going to receive a suspension upon the payment of a fine) due to the legal fees involved and the fact that most of the time, there is the added expense of obtaining expert evidence to challenge a radar or speed camera, some drivers decide that the legal expenses incurred in defending the allegation and the risks associated with such outweigh the person's desire to challenge the offence. In those circumstances, some find that it is better to accept the penalty and then consider other avenues of relief.
For the more serious charges, it is almost always guaranteed that upon being found "guilty" for the offence, a lengthy disqualification period will follow. The importance of obtaining good legal representation when facing a serious charge cannot be overstated.
If you have been charged with NSW speeding fines or street racing and require legal assistance, we invite you to contact your nearest Prime Lawyers office.
We have offices in Sydney, Parramatta, Chatswood, Sutherland or Wollongong.
Street Racing
Street racing (or drag racing) offences are taken seriously by the Courts and depending on the circumstances, can attract severe penalties, including a term of imprisonment.
The Law
Pursuant to section 115 of the Road Transport Act 2013, a person must not organise, promote or take part in:
(a) any race between vehicles on a road or road related area, or
(b) any attempt to break any vehicle speed record on a road or road related area, or
(c) any trial of the speed of a vehicle on a road or road related area, or
(d) any competitive trial designed to test the skill of a driver or the reliability or mechanical condition of any vehicle on a road or road related area,
unless first obtaining the written approval of the police.
Penalties
The following table sets out street racing penalties for offences in NSW:
Penalties | First Offence | Second or Subsequent Major Offence |
Maximum court imposed fine | $3,300 | $3,300 |
Maximum gaol term | - | 9 months |
Automatic disqualification period | 12 months | 12 months |
Maximum disqualification period | Unlimited | Unlimited
|
Unlike with many other serious traffic offences, for any charge of street racing, the Court also has the discretion to reduce the disqualification period below 12 months to a period that is determine by the Court. Many lawyers are not aware of the Court's discretion and forget to advise the Court that it exists.
As well as these penalties the Police have the power to impose an immediate licence suspension which, unless successfully appealed, remains in place until the charge is determined by the Court.
Vehicle impounding and other sanctions
The NSW Police have the power to confiscate the vehicle driven at the time of the offence and impound it for a period of 3 months. If the vehicle is owned by someone else, then the police may issue the owner with a warning notice, that if the vehicle is found to be committing a similar offence in the future, it will be confiscated for a period of 3 months.
Instead of confiscating and impounding a vehicle, police also have the option of confiscating the number plates, instead.
Police can also give the driver or registered owner of the vehicle a notice requiring that the vehicle be produced at a specified place within 10 days. If the vehicle is not produced there are severe penalties that can be imposed by the Court.
When a court finds a person guilty of a street racing offence, where the driver is also the registered owner of the vehicle, for a second or subsequent offence the vehicle may be forfeited to the Crown and may be sold or used for crash testing by the RMS.
Therefore, in addition to the severe penalties that a street racing charge attracts, one must take into account the possibility of the offending vehicle being impounded or forfeited.
Commentary
Whether or not a street racing offence has been committed is not always obvious or cut and dry. Not all street racing occurs in an organised setting, where people gather for the specific purpose of racing their cars. The most common scenario that drivers find themselves charged with the offence is where the police simply allege that they witnessed two or more cars driving along side each other at excessive speeds. Although speeding is not an element of the offence, it is unusual for someone to be charged with street racing without the police alleging that the driver was speeding at the time.
Despite police relying on evidence of two or more drivers speeding within close proximity of each other, something more is usually required to prove that the offence has been committed. For example, it may otherwise be that one driver is trying to overtake the other or that both drivers are speeding, but independently of each other.
At Prime Lawyers, we argue that there must be a "meeting of the minds", at some point in time, to race. Two people cannot be racing each other if it is not clear to both of them that both are intending to do so.
For an example of a successful defence, see one of our feature case studies on defending a street racing charge here.
Our traffic lawyers have a wealth of experience and knowledge in this field of law. If you are pleading guilty to a street racing charge we are able to appear at Court with you and make submissions on your behalf to minimise the penalty the Court imposes. We can also make applications on your behalf for the return of a vehicle from being impounded. Of course, as illustrated, we can also advise you if you have available to you a defence and if so, run a successful defence on your behalf.
If you have been charged with a street racing offence, our experts at Prime Lawyers - Traffic Law Division can help. Contact us to make an appointment with one of our traffic lawyers at your nearest Prime Lawyers office.
We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.
How to Beat A Speeding Fine
The most common traffic infringement received by drivers is by far for exceeding the speed limit. With the heavy penalties that NSW speeding fines carry, along with the accumulation of demerit points (especially during double demerit point periods) and immediate and "automatic" suspension periods for certain offences, what used to be viewed as a minor indiscretion, can now so easily result in loss of licence, loss of employment and financial hardship.
Some speeding offences, such as exceeding the speed limit by more than 30km per hour attract licence suspension (by the RMS or police) or disqualification (by a court). For drivers who hold a P1 licence, any speeding offence results in a licence suspension, as it means exceeding the allowable demerit point limit. (Read more on how to appeal a licence suspension.)
Many feel that once a speeding fine has been received, it is impossible to challenge, and simply pay the fine and accept the consequences, even if they feel that they were not speeding or not travelling at the speed alleged at the time. They accept what they feel to be an injustice yet believe that nothing can be done.
This is not always the case. In fact, where a person is adamant that they were not travelling at a speed alleged (usually by a police officer), it is often the case that they are right.
All speeding fines can be challenged in a Local Court. Sometimes, for some major speeding offences, an infringement notice is not issued and instead a Court Attendance Notice is issued. This means that the speeding offence is automatically to be dealt with by a court and you have to decide whether you will plead guilty or not guilty to the offence.
Just because you have received a speeding fine or have been charged with a major speeding offence it does not automatically mean that you are guilty of the offence. There are defences available and it is possible to successfully defend a speeding allegation. Of course, this can be an expensive exercise so it is important to obtain competent legal advice on prospects of success, before embarking on defending an allegation.
Two ways of defending a speeding ticket are as follows:
1. Honest and reasonable mistake
2. Challenging the speed alleged
Honest and reasonable mistake
It is a defence to speeding if you honestly and reasonably believed that you were not exceeding the legal speed limit. One thing needs to be made clear. It is not a defence to a speeding ticket if you thought that the speed limit on the stretch of road that you were driving on was higher than it actually was.
However, if you honestly and reasonably believed that you were travelling at a speed lower than what is alleged, then you may have available to you a defence. An example would be where the speed limit is 110km/h and as far as you believe, you are travelling at 110km/h (for instance, you have the speed locked in on cruise control), yet you receive a ticket for travelling at 120km/h. You then have your speedometer tested by a mechanic and find that it is not properly calibrated and does not show the right speed. This could be enough to raise the defence.
Once the defence is raised, it is for the prosecution to prove that the mistake was either not honest or not reasonable. Although in theory this can seem like a simple exercise, in practice, depending on the circumstances surrounding the case, it can sometimes prove a little more difficult for a Court to accept that the mistake was reasonable.
It is, however, an available and legitimate defence and our experienced traffic lawyers can advise whether you have a case.
Challenging the speed alleged - police estimate
Although many speeding infringements are the result of police using speed measuring devices, often speeding tickets are issued based on a police officer's estimate of the speed you were travelling.
As it is for the police to prove that you were travelling at the speed alleged beyond reasonable doubt in court, it can often leave room for the estimated speed to be successfully challenged.
Challenging the speed alleged - radar/lidar detected
Speed radar/lidars do not always give an accurate reading. Like most scientific instruments, radars and lidars are not infallible. In other words, although they are generally reliable, they are not perfect and can give inaccurate measurements.
If a radar/lidar has for instance not been properly maintained or calibrated, it can give an inaccurate reading. Further, if the speed measuring device is not used correctly by the police officer or the conditions are not ideal for the use of the device at the time of the alleged offence, again, it can give an inaccurate reading.
To be able to properly challenge the reading on a radar/lidar device, it is almost always necessary to obtain a report from an expert in the field. This can be a costly exercise.
Successfully lowering the category of offence
Where it might be a little difficult for a Magistrate to accept that you were not travelling in excess of the speed limit, often, a Magistrate will be able to accept that although speeding, you were at least travelling at a speed lower than has been alleged.
This is important when challenging an offence of travelling in excess of 30km/h or 45km/h over the limit.
If a Magistrate is not satisfied on the evidence that you were travelling at the speed alleged but still finds that you were speeding, they can find you guilty of a lesser offence. For instance, they can find you not guilty of exceeding the speed limit by more than 30km/h but instead guilty of travelling in excess of 15km/h. This would mean that the mandatory 3 month disqualification period would be avoided.
If you have received a speeding fine or a court attendance notice for a speeding offence and require legal assistance, our experts at Prime Lawyers - Traffic Law Division can help. Contact us to make an appointment with one of our traffic offence lawyers at your nearest Prime Lawyers office.
Demerit Points NSW - Speeding Fines
When receiving an on the spot fine by police or a traffic infringement in the mail, it is important to consider how many demerit points NSW traffic offences accumulate. The most common infringement notice that is issued is for speeding offences.
We often receive calls from clients once it is too late; usually, in circumstances where they paid a fine to only realise afterwards that it accumulated enough demerit points to incur a suspension. Payment of the fine also means that the opportunity to successfully defend the speeding offence is foregone.
For that reason, we have provided the below tables that list some of the more common speeding offences with the demerit points they attract. (It is important to note that the table is accurate at the time of publication. Please rely on the table as a guide only.)
Unrestricted Class A Licence
| 10km/h and under | 1 |
| 10km/h and under in a school zone | 2 |
| Over 10km/h | 3 |
| Over 10km/h in a school zone | 4 |
| Over 20km/h | 4 |
| Over 20km/h in a school zone | 5 |
| Over 30km/h | 5 |
| Over 30km/h in a school zone | 6 |
| Over 45km/h | 6 |
| Over 45km/h in a school zone | 7 |
Class B and Class C Vehicles
| Over 10km/h in a school zone | 4 |
| Over 20km/h in a school zone | 5 |
| 10km/h and under in average speed detection zone | 2 |
| Over 10km/h in average speed detection zone | 4 |
| Over 20km/h in average speed detection zone | 5 |
| Over 30km/h in average speed detection zone | 6 |
| Over 45km/h in average speed detection zone | 7 |
Provisional Licence
| 10km/h and under | 4 |
| 10km/h and under in a school zone | 5 |
| Over 10km/h | 4 |
| Over 10km/h in a school zone | 5 |
| Over 20km/h | 4 |
| Over 20km/h in a school zone | 5 |
| Over 30km/h | 5 |
| Over 30km/h in a school zone | 6 |
| Over 45km/h | 6 |
| Over 45km/h in a school zone | 7 |
Provisional Licence Special Limits
| 10km/h and under | 4 |
| 10km/h and under in a school zone | 4 |
| Over 10km/h | 5 |
| Over 10km/h in a school zone | 5 |
| Over 20km/h | 4 |
| Over 20km/h in a school zone | 5 |
| Over 30km/h | 6 |
| Over 30km/h in a school zone | 6 |
Double Demerit Points
During most holiday periods, drivers caught speeding on NSW roads will accumulate double demerit points for any type of speeding offence. It is therefore even more important to be cautious during these periods, particularly as there is often a greater police presence on the roads.
Licence Suspensions
The demerit points scheme in NSW proceeds by way of demerit points accumulation. In other words, there is an upper threshold of the maximum points for a particular class of licence and each time a fine is paid that attracts demerit points, those demerit points accumulate against your licence. Once you reach the threshold of demerit points in any three year period, your licence will be suspended.
It is also important to note that the demerit points are considered to have been accumulated at the time of the offence, not at the time that the fine is paid (or that the Court convicts a person, if the matter has been elected to be dealt with by a Court).
Further, for offences of exceeding the speed limit by more than 30km/h, additional licence suspensions apply. For P1 and P2 drivers whose licence will be suspended as a result of speeding by more than 30km/h, they will receive an additional suspension for reaching their demerit point threshold for the same offence.
Demerit Points NSW Thresholds
| Type of Licence | Demerit Points Threshold |
| Unrestricted | 13 |
| Professional Driver | 14 |
| Provisional P2 | 7 |
| Provisional P1 | 4 |
| Learner | 4 |
If an unrestricted licence holder or a professional driver reaches the demerit points threshold, then they will be notified in writing that their licence will be suspended. There is no right of appeal to stop this from occurring. The driver will be given the choice between the suspension period or accepting a "good behaviour licence" for 12 months. The good behaviour licence only has a 2 demerit point threshold.
For Provisional P2 and P1 licence holders, there is a right of appeal to the Local Court against a licence suspension that results from the accumulation of demerit points. This is also the case for suspension that result from exceeding the speed limit by more than 30km/h. For further information on appealing the decision of the RMS or NSW Police to suspend a licence, read our section on Licence Suspension Appeals NSW.
If you have received a speeding fine and there is a chance that due to accumulation for demerit points, your licence may be suspended, contact your nearest Prime Lawyers office for advice.
We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.
Speeding Over 30km/h
All speeding offences in NSW attract fines and demerit points. Some speeding offences attract a licence suspension in addition to an accumulation of demerit points. Speeding over 30km/h over the limit is one of those offences.
The Law
It is an offence to exceed the speed limit by more than 30km/h pursuant to regulations 20 and 10-2(5) of the Road Rules 2014.
Penalties
The penalties for speeding over 30km/h (at the time of publication of this article), when dealt with by way of infringement notice, are:
| Class of Motor Vehicle | Fine Amount | Demerit Points |
| Class A | $872 | 5 |
| Class A (school zone) | $1,099 | 6 |
| Class B | $872 | 5 |
| Class B (school zone) | $1,099 | 6 |
| Class C | $1,364 | 5 |
| Class C (school zone) | $1,440 | 6 |
Class A Motor Vehicle: This includes most motor vehicles but does not include a coach or motor vehicle with a GVM exceeding 4.5 tonnes.
Class B Motor Vehicle: This includes (a) a motor vehicle with a GVM exceeding 4.5 tonnes but not exceeding 12 tonnes, or (b) a motor vehicle and trailer combination with a GCM exceeding 4.5 tonnes but not exceeding 12 tonnes.
Class C Motor Vehicle: This includes a coach or a motor vehicle with a GVM of more than 12 tonnes.
Often, drivers elect to have their matters heard in Court. The penalties for the above offences, upon a conviction by a Magistrate, are increased to a maximum fine of $2,200, with a minimum disqualification period of 3 months (which can be increased). The same demerit points will apply.
Licence Suspensions
For all drivers who commit the offence of exceeding the speed limit by more than 30km/h, a licence suspension will follow upon payment of the penalty notice.
The suspension is for a period of 3 months. This suspension period is appealable to any NSW Local Court, however, it is to be noted that appealing a suspension for a Provisional Driver is much more difficult than appeal for any other driver. Also, a Provisional Driver can be suspended on the spot by a police officer for a period of 3 months, whereas only the RMS can suspend other drivers. (Read our article on Appealing a Licence Suspension to learn everything there is to know about licence appeals and how Prime Lawyers can help you).
It is important to seek legal advice when receiving an infringement notice for the offence of speeding by more than 30km/h. It is possible to defend any speeding offence (see for example our article on Beating a Speeding Fine), however, noting above that upon conviction for this offence that the Court MUST disqualify a driver for a minimum period of 3 months, the risk associated with doing so is high.
If you have received a speeding infringement for speeding more than 30km/h, we invite you to contact one of our experienced traffic lawyers on the best way to proceed.
We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.
Speeding Over 45km/h
The Law
It is an offence to exceed the speed limit by more than 45km/h pursuant to regulations 20 and 10-2(3) of the Road Rules 2014.
Penalties
The penalties for speeding over 45km/h (at the time of publication of this article), when dealt with by way of infringement notice, are:
| Class of Motor Vehicle | Fine Amount | Demerit Points |
| Class A | $2,350 | 6 |
| Class A (school zone) | $2,504 | 7 |
| Class B | $2,350 | 6 |
| Class B (school zone) | $2,504 | 7 |
| Class C | $3,562 | 6 |
| Class C (school zone) | $3,740 | 7 |
Class A Motor Vehicle: This includes most motor vehicles but does not include a coach or motor vehicle with a GVM exceeding 4.5 tonnes.
Class B Motor Vehicle: This includes (a) a motor vehicle with a GVM exceeding 4.5 tonnes but not exceeding 12 tonnes, or (b) a motor vehicle and trailer combination with a GCM exceeding 4.5 tonnes but not exceeding 12 tonnes.
Class C Motor Vehicle: This includes a coach or a motor vehicle with a GVM of more than 12 tonnes.
Often, drivers elect to have their matters heard in Court and wish to plead "guilty" and seek leniency in sentencing. Upon conviction, however, a Court must order a minimum disqualification period of 6 months (which can be increased). Also, the maximum fine for a Class C motor vehicle increases to $3,740. Of course, the Court always has the discretion to decrease the fine to be paid.
Licence Suspensions
The offence of exceeding the speed limit by more than 45km/h attracts a licence suspension for a period of 6 months.
If the infringement notice is sent by the RMS as a result of speed camera detection, then the driver will be notified that their licence will be suspended 28 days from receipt of the notice. The driver will also be advised that there is a right of appeal to the Local Court.
However, if detected by a police officer, then the police officer has the discretion to suspend the driver's licence, immediately, for a period of 6 months. The driver will then be given an opportunity to lodge an appeal against this decision, within 28 days.
Appealing a licence suspension imposed by a police officer can prove difficult and requires a detailed understanding of licence appeal laws and more specifically, the laws that relate to suspension imposed by police officers.
(Read our article on Appealing Licence Suspensions for further information).
As with the offence of speeding more than 30km/h, a driver is able to defend an exceed speed by more than 45km/h offence on the basis that he or she was not speeding at all or, that despite speeding, the speed was not in excess of the limit by more than 45km/h. This is a very difficult task and generally requires the use of expert evidence.
If you have received a speeding infringement for speeding more than 45km/h and/or a licence suspension for the same offence, contact your nearest Prime Lawyers office; we may be able to help.
We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.
