At Chidiac & Associates, we provide experienced representation to clients facing speeding offences throughout Sydney and New South Wales. We understand that losing your licence can have significant consequences for your employment, family responsibilities and day-to-day life. We carefully consider the circumstances of each allegation and provide clear advice about your options.

What is a Speeding Offence?

A speeding offence occurs when a driver exceeds the applicable speed limit.

In NSW, drivers must not exceed the posted speed limit or, where no speed limit is signposted, the applicable default speed limit. The speed limit applicable to a driver may also be affected by licence restrictions. For example, learner and P1 drivers are generally restricted to 90 km/h, while P2 drivers are generally restricted to 100 km/h.

Speeding offences can be detected through:

• fixed speed cameras;
• mobile speed cameras;
• police radar or laser devices;
• police observations;
• average speed detection systems; and
• other approved speed-measuring devices.

The applicable penalty depends upon the speed alleged and the circumstances in which the offence was detected.

Speeding Offence Categories in NSW

NSW legislation distinguishes between different levels of speeding.

For an ordinary light motor vehicle, the principal categories are:

The above maximum court penalties are subject to the particular offence and vehicle involved. Heavy motor vehicles and coaches can attract higher maximum penalties for the most serious speeding offences.

Speeding More Than 30 km/h Over the Limit

Speeding by more than 30 km/h is treated significantly more seriously than lower-level speeding offences.

Where a driver is convicted of exceeding the speed limit by more than 30 km/h but not more than 45 km/h, the legislation provides for:

• a maximum fine of 20 penalty units ($2,200); and
• mandatory disqualification for 3 months, subject to the court's statutory power to order a different period in the circumstances permitted by the legislation.

NSW Police may also impose an immediate licence suspension in circumstances provided for by the legislation.

A speeding offence at this level also carries 5 demerit points for an ordinary Class A motor vehicle.

Speeding More Than 45 km/h Over the Limit

Exceeding the speed limit by more than 45 km/h is one of the most serious speeding offences in NSW.

For an ordinary motor vehicle, the maximum penalty is:

• 30 penalty units ($3,300); and
• 6 months' licence disqualification on conviction, unless the court orders a different period in accordance with the legislation.

For a heavy motor vehicle or coach, the maximum fine is higher:

• 50 penalty units ($5,500).

The offence carries 6 demerit points.

Police may also issue an immediate licence suspension when a driver is detected travelling more than 45 km/h above the speed limit. Police may also have powers to impound the vehicle or confiscate its number plates in applicable circumstances.

Speeding and Licence Disqualification

One of the most significant consequences of a serious speeding offence is licence disqualification.

For speeding offences exceeding:

• 30 km/h but not more than 45 km/h - a minimum 3-month disqualification applies;
• more than 45 km/h - a minimum 6-month disqualification applies.

The court has statutory powers to determine a different period in certain circumstances. Where a person has already been subject to an immediate suspension for the same offence, the legislation also contains provisions concerning the interaction between the suspension and subsequent disqualification.

The distinction between a licence suspension and a court-ordered disqualification is important and should be considered when obtaining legal advice about a serious speeding allegation.

Speeding and Demerit Points

Speeding offences generally attract demerit points in addition to the applicable fine.

For an ordinary Class A motor vehicle, current NSW penalties include:

• up to 10 km/h over - 1 demerit point;
• more than 10 km/h but not more than 20 km/h - 3 demerit points;
• more than 20 km/h but not more than 30 km/h - 4 demerit points;
• more than 30 km/h but not more than 45 km/h - 5 demerit points; and
• more than 45 km/h - 6 demerit points.

Different rules apply to learner and provisional licence holders. Learner and provisional drivers generally receive at least 4 demerit points for any speeding offence, with the potential for suspension depending upon their licence status and the applicable threshold.

Certain speeding offences are also subject to double demerit points during declared double-demerit periods.

Speeding in School Zones

Speeding in a school zone can attract increased penalties.

The applicable fine and demerit points may be higher when the offence occurs during the relevant school-zone period. Speeding offences in school zones should therefore be assessed separately from ordinary speeding offences.

Where a person has received a speeding infringement notice in a school zone, it is important to check the precise offence and circumstances rather than assuming that the ordinary speeding penalty applies.

Speeding Offences Involving Learner and Provisional Drivers

Learner and provisional drivers are subject to stricter speed restrictions and demerit point consequences.

Learner and P1 drivers are generally restricted to a maximum speed of 90 km/h, while P2 drivers are generally restricted to 100 km/h, regardless of whether the posted speed limit is higher.

A speeding offence can therefore have particularly serious consequences for a learner or provisional driver.

Learner and P1 drivers can have their licence suspended for at least 3 months for any speeding offence because the offence will generally take them over their applicable demerit point threshold. P2 drivers who exceed the speed limit by 30 km/h or more can also face suspension and an extension of their P2 period.

Defending a Speeding Charge

Receiving a speeding infringement notice does not necessarily mean that every aspect of the alleged offence is beyond challenge.

Depending upon the circumstances, issues that may arise include:

• whether the vehicle was travelling at the speed alleged;
• whether the speed-measuring device was operating correctly;
• whether the device was properly used;
• whether the relevant speed limit was correctly identified;
• whether the accused was driving the vehicle;
• whether the evidence sufficiently identifies the vehicle;
• whether there are issues concerning the accuracy or reliability of the evidence;
• whether the Prosecution can establish the alleged speed beyond reasonable doubt; or
• whether the circumstances justify seeking a different outcome from the court.

For serious speeding matters, it may also be important to consider whether the evidence establishes the particular speeding category alleged.

For example, where a person is charged with exceeding the speed limit by more than 45 km/h, the court has statutory alternative-verdict provisions where it is satisfied that the person was speeding but the evidence does not establish that the speed exceeded the limit by more than 45 km/h.

Speeding Charges and the Importance of the Alleged Speed

The precise speed alleged can make a substantial difference to the outcome.

The difference between travelling 29 km/h over the limit and 31 km/h over the limit can have consequences extending beyond the additional demerit point. Once the alleged speed exceeds 30 km/h over the limit, mandatory disqualification provisions become relevant.

Similarly, exceeding the limit by more than 45 km/h can result in a substantially higher fine and a minimum 6-month licence disqualification.

For this reason, the evidence supporting the precise speed alleged can be critically important in a defended matter.

How We Can Help

A speeding offence can have consequences extending well beyond the payment of a fine. For many people, the loss of a driver's licence can affect their employment, income, family responsibilities and ability to travel.

At Chidiac & Associates, we provide:

• detailed advice about your speeding allegation;
• advice regarding fines and demerit points;
• advice regarding licence suspension and disqualification;
• review of available police and speed-detection evidence;
• representation in court;
• advice regarding serious speeding offences;
• preparation for defended hearings where appropriate;
• submissions concerning licence consequences and penalty; and
• strategic advocacy focused on achieving the best available outcome.

Our approach is built on careful preparation, practical advice and strong courtroom advocacy.