Excessive Speeding in NSW
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.
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 receiving an immediate licence suspension, this is able to be appealed within 28 days of the date that the police suspended you, under Section 267 (1) and (2) of the Road Transport Act 2013. To be successful in this appeal, you must show the Court that you have exceptional circumstance for why you need your licence.
Obtaining a section 10 is also possible for speeding offences, providing the seriousness of the offence does not render you ineligible, and that you have not been afforded the benefit of a section 10 for any matter whatsoever in the last 5 years.
Other defences to excessive speed follow the same basis as those mentioned above for challenging a speed related infringement notice, and you should contact us if you believe the alleged speed is incorrect, or you have evidence to the contrary to challenge the police’s reading.
These offences are obviously extremely serious as speeds over 45km/hr may also come with significant other charges being laid such as dangerous or careless driving, and disputing the alleged speed may be imperative to defending the rest of the charges brought against you.
Please consider whether any admissions were made by you at the time of the offence or whether you believe you have grounds to dispute the speed alleged.