Excessive Speeding in Victoria
The Victorian government takes excessive speeding in Victoria seriously. Under the Road Safety Act 1986 and the Road Safety (Drivers) Regulations 2009, there are automatic and mandatory licence suspensions for drivers who excessively speed.
It is an offence to drive in excess of the speed limit. Driving up to 24km/hr above the limit will result in a loss of demerit points. In addition to a fine. For drivers who speed at 25km/hr or more above the speed limit, harsher penalties apply. As a result you will automatically lose your licence for a minimum mandatory period.
For most speeding offences (except those in excess of 45km/hr) you will receive a Traffic Infringement Notice (TIN) and not be required to go to court.
With recent law in Victoria (April 2018), any speed of 25km/hr or above in excess of the signed speed limit will be considered excessive speed. It will attract a minimum mandatory period of 3-months licence loss, depending on the speed measured.
Up to date information on the specific demerit points, fines and minimum mandatory suspension periods applicable for different speeds is available on the VicRoads.
Can I defend the charge?
Defending an excessive speed charge in Court
These offences can be extremely serious. Speeds over 45km/hr may also come with significant other charges being laid such as dangerous or careless driving. Disputing the alleged speed may be imperative to defend the rest of the charges brought against you and an expert traffic lawyer that specialises in this field is important.
Defences to excessive speed depend on a number of variables. They include the device used to detect your speed, what you said to the police officers at the time (if you were pulled over) and the particular circumstances of your case. If you believe the alleged speed was incorrect, or you have evidence to the contrary to challenge the police’s reading, you should seek legal advice.
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 before deciding to dispute a TIN or engage a lawyer.
Objecting to a Traffic Infringement Notice
Objecting to a TIN means you will go to court.
An objection must be lodged in writing (typically on the back of the TIN), or online, and set out the following:
- That you wish to deal with the matter in court; and
- Outline any defences you wish to rely upon (if applicable).
If you object to the TIN within the 28-day period, the notice will be withdrawn and the suspension will not come into effect. You will be notified of the withdrawal and subsequently receive a charge sheet and summons at a later date.
Licence suspensions are automatic if no objection has been received. The suspension and conviction will take effect on the 29th day after the TIN was issued. Note the suspension period will not commence until after the 28 days has passed. Paying the fine immediately will not commence your suspension early. Therefore pay attention to the specific dates that will determine the start and end dates of your licence loss.
If you were not issued the infringement notice personally and were unaware of having received it, you can apply to the Infringements Court for an extension of time to consider your objection. You must apply to the court within 14 days of finding out about the infringement notice. You cannot drive within this time.