The Penalties for Speeding in New South Wales

Speeding can be detected or a person can be caught speeding by fixed speed cameras, mobile speed cameras, or the police.  A person commits a speeding offence when they drive faster than the set speed limit.  If a person is caught speeding in NSW they will receive a speeding fine and a certain number of demerit points.  The severity of the speeding fine and demerit points will be determined by the severity of the offence or the type of licence of the offender. 

Different speeding offences carry different penalties in NSW.   Penalties can range from speeding fines and demerit points to licence disqualification or even imprisonment. 

A fine is a penalty notice, an on-the-spot fine, an infringement notice, a ticket, or a Criminal Infringement Notice.  A speeding fine is a financial or monetary penalty for breaching certain laws or Regulations and can be issued to you by a police officer or the Court. 

A person may face heavy penalties if they are convicted of a serious speeding offence. A serious speeding offence can be defined as:

• The driver driving more than 45km/h above the speed limit
• The driver driving more than 30km/h above the speed limit, but less than 45km/h
• Driving with a licence disqualification or suspension whilst exceeding the speed limit by more than 30km/h

An offender may have their licence suspended or disqualified for some time for serious speeding offences. Surpassing the speed limit of 45km/h can lead to serious charges and will warrant an appearance in Court and a possible criminal record.  Police in NSW can also issue a licence suspension at the scene of the offence when a person is caught speeding more than 45km/h over the speed limit.  A police officer also has the right to impound the vehicle or to confiscate the vehicle’s number plates.

Speeding offences carry demerit points and this will be added to an offender’s record.  If a repeat offender reaches or exceeds the demerit point limit, an additional suspension period may apply.  This additional suspension would be added to the suspension for the speeding offence already incurred. 

Speeding Penalties in NSW

Speeding fines and penalties are a guide only and can change without notice.  Demerit point deduction for full licence holders is different under the different speeding ranges, as well as when committed in school zones, and can range between 1 – 7 demerit points per speeding range.  It is important to consider the number of demerit points accumulated. 

Penalties for Speeding in NSW Issued by the Court

The following speeding penalties and speeding fines will apply when a person is convicted by a Court.  The Court does not have the power to make an order with respect to demerit points. 

Penalties for Speeding in NSW for Full Licence Holders

The police can suspend and confiscate a driver’s licence for 6 months on the roadside when a person is caught speeding by more than 45km/h over the limit. 

Penalties for Speeding in School Zones in NSW for Full Licence Holders

Fines for speeding in school zones are higher than in other zones.                                                                                                                                         

Speeding Penalties for Learner and P1 or P2 Provisional Licences

A person holding a learner or provisional licence cannot commit any speeding offence.  An offender will receive at least 4 demerit points for a speeding offence.  Learners and provisional P1 licence holders will have their licence suspended or refused for at least 3 months for any speeding offence.  A fine will also be issued.  Provisional P2 licence holders will receive an extra 6 months every time they are caught speeding 30km/h or more over the speed limit.  They will also receive a licence suspension. 

The automatic police suspension will apply when police record the speed.  If a camera detects speeding it will not be an automatic suspension however, the Roads and Maritime Services will suspend the licence for the same period.

Options When a Person Receives a Speeding Fine

A person has three options when they are caught speeding and receive a fine for speeding.  The person can:

• Pay the fine
• Request Revenue NSW to conduct a review of the fine
• A person can choose to take the matter to Court

Request to Review the Fine

A person can request Revenue NSW to conduct a review of a fine or a penalty notice when the person believes there has been a mistake or there was an extenuating reason for the speeding offence.  A person can challenge a speeding ticket when it holds a heavy penalty, when it places the person at risk of losing their license or if they will lose their transport to and from work. 

A request has to be lodged with Revenue NSW for a review within the payment due date noted on the penalty reminder notice.  A person can still ask for a review, even if the fine has been paid.  The review has to be lodged within 60 days from the date of issue of the penalty notice. 

Revenue NSW can decide the following upon reviewing the fine:

• Revenue NSW can require the offender to pay the full amount of the fine
• Give the driver a caution due to the circumstances with a no fine and no demerit result, but it will be recorded on the person’s driving record.
• Cancel the fine if it is accepted as a mistake

Elect to Take the Matter to Court

A person can challenge a speeding ticket to try and lower the penalties imposed and not to avoid the fines altogether.  A decision to take the matter to Court cannot be reversed and there are several potential consequences if you go to Court.  A person needs to seek legal assistance before deciding to contest a speeding fine in Court. 

It is also important to note a person has to elect to go to Court before paying the fine. Sometimes a person pays a fine and then only realises they have accumulated enough demerit points to incur a suspension.  If a person has paid the fine it means the opportunity to successfully defend the speeding offence in Court is forgone. 

Some considerations before taking the matter to Court:

• Maximum penalties imposed in Court can be higher than the original fine. The Court can impose a maximum penalty of up to $2,200
• A person has to enter a plea and the Court will need to record the outcome of the matter and the Court may record a conviction. If a person is convicted of the offence the demerit points will also be recorded
• Demerit points can be added to a person’s driving record. Demerit points are accrued at the time of the offence, delaying payment will not avoid a suspension if a person has accrued too many points

Failure to Pay a Fine

It is important to pay a speeding fine by the due date.  According to Part 3 of the Fines Act 1996 (NSW) failure to pay a fine can lead to serious consequences.

Revenue NSW will issue a penalty reminder notice if a speeding fine is not paid on time.  The offender has to pay the fine and the penalty within 28 days.  If the offender fails to pay the fine an overdue fine notice with an added overdue payment of $65 will be issued.  In case of non-payment , an offender will face further consequences, including an enforcement order to collect the debt. 

Failure to pay an enforcement order within 21 days can result in any or more of the following consequences:

• Suspension of the driver’s licence
• Cancellation of the driver’s licence if the fine remains unpaid for at least 6 months
• Cancellation of the vehicle’s registration when the offender does not hold a valid driver’s licence
• A person can be prevented from getting or renewing their driver’s licence, registering a vehicle, or transferring registration

Revenue NSW may sometimes agree not to impose these sanctions.  This will apply in extenuating circumstances, if the person needs a licence for work or if the person needs to sell their car to pay the fines. 

If the speeding fine remains unpaid, Revenue NSW can take the following Court Actions:  

• Property seizure order
• Garnishee order
• A person can be summoned to attend court for examination. The person will have to answer questions about their income and assets

If the offender does not comply with the court order, some of the consequences may include a community service order, and imprisonment. 

Community Service Order

The fine will be satisfied if the Community Service Order is completed at a specified rate for every 1 hour worked.  The maximum is 300 hours for an adult and 100 hours for a child.  If a person fails to comply with the Community Service order, it can be revoked and result in imprisonment. 

Imprisonment

A warrant can be issued for an arrest.  The offender can be imprisoned if the Community Service Order is revoked and the fine remains unpaid.  The offender will be sentenced to prison based on how much the fine is.  Each day of prison is calculated at a certain rate.  The minimum term of imprisonment is 1 day with a maximum term of 3 months.  The imprisonment can also be served as an Intensive Correction order.

Contact an experienced traffic lawyer at Lyons Law for assistance on all traffic and driving-related matters.