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 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.