Speeding

Driving and traffic offences

For many of us, having your drivers licence means commuting to work, taking care of loved ones and being able to social with minimal constraints on transport. Unfortunately, being caught exceeding the speed limit in NSW can result in the lose of your licence.

How is speeding detected?

In NSW, speeding is detected by:

Fixed speed cameras
Mobile speed cameras
NSW Police.

If you are caught speeding by a fixed speed camera or mobile speed camera, a fine will be mailed to you showing:

The date of the offence
The time of the offence
The location details of the camera that took the picture
The direction of travel of the offending vehicle
The speed of the offending vehicle
The speed limit of the road where the camera is situated

What are the penalties for speeding?

Not more than 10km/h	$2200	1 demerit point	–
More than 10km/h but not more than 20km/h	$2200	3 demerit points	–
More than 20km/h but not more than 30km/h	$2200	4 demerit points	–
More than 30km/h but not more than 45km/h	$2200	5 demerit points	3 months (minimum)
More than 45km/h	$3300	6 demerit points	6 months (minimum)

Double Demerit Points

During the holiday periods, drivers who are speeding will incur double demerit points for the above mentioned speeding offences.

Demerit Point Thresholds in NSW

Type of Licence	Demerit Points Threshold
Unrestricted Drivers Licence	13
Professional Drivers Licence	14
Provisional P2 Drivers Licence	7
Provisional P1 Drivers Licence	4
Learner Drivers Licence	4

Licence Appeals for Speeding Offences

Where a full licence holder commits an offence of speeding over 30km/h or 45km/h, Transport NSW will issue a licence suspension pursuant to section 59 of the Road Transport Act 2013 (NSW). This decision by Transport NSW can be appealed to the Local Court of NSW.

Full licence holders cannot file a licence appeal for the accrual their demerit points.

However, where provisional licence holder has reached their demerit point limit for any offence resulting in a suspension of their licence, this decision can be appealed to the Local Court of NSW.

What are the possible outcomes for a Licence Appeal?

If a licence appeal has been filed with the Court, the following outcomes may be reached:

Allow the appeal (removing the suspension in full);
Dismiss the appeal but reduce/increase the period of suspension; or
Dismiss the appeal with no change to the original suspension period.

Generally, the court will consider:

Whether the driver is a fit and proper person to hold a licence
The drivers previous traffic history
The drivers need for their licence
The drivers subjective circumstances

Are there any time-limits in lodging my licence appeal?

Upon receiving a Notice of Suspension by Transport NSW, you will be aware of which date your licence will be suspended and for how long. You will then (if applicable) be able to file a licence appeal within 28 days of receiving that Notice of Suspension. Failing to file your appeal within time will mean that the Court cannot hear your appeal.

Immediate Suspension Notice by NSW Police

Pursuant to section 224 of the Road Transport Act 2013 (NSW), NSW Police officers are empowered to issue an immediate suspension notice if you have committed the following offences:

Committed an offence of exceeding the speed limit by more than 45km/h;
Committed an offence of exceeding the speed limit by more than 30km/h where the driver is the holder of a Provisional or Learner licence;
Committed an offence of drink-driving as a novice, special or low range category (first offence);
If the driver is being charged with an offence of mid or high-range drink-driving;
Where the driver is charged with an offence caused by a motor vehicle comprising of:
1. murder;
2. manslaughter;
3. wounding or causing grievous bodily harm with intent;
4. recklessly causing grievous bodily harm; or
5. dangerous driving occasioning death or grievous bodily harm
Where the driver is being charged with an offence of DUI;
Where the driver is being charged with an offence of aggravated burnout;

What are the possible outcomes for a Immediate Suspension?

If a licence appeal has been filed with the Court in relation to an Immediate Suspension by the NSW, the following outcomes may be reached:

Allow the appeal (removing the suspension in full);
Dismiss the appeal but reduce/increase the period of suspension; or
Dismiss the appeal with no change to the original suspension period.

Unlike a licence appeal filed in relation to a decision by Transport NSW, the court must in these circumstances first consider whether there are any exceptional circumstances. If the Court is unable to find “exceptional circumstances”, then it is precluded from hearing the licence appeal.

Generally, the Court will take into account the following to determine if exceptional circumstances exist:

The drivers need for their licence (and whether it is an exceptional one)
The potential danger to the community if an order is made
The drivers subjective circumstances (and whether it is an exceptional one)

Are there any time-limits in lodging a licence appeal for an Immediate Suspension by Police?

Similar to an appeal against a decision by Transport NSW, the applicant must lodge their appeal within 28 days from the date the Immediate Suspension was issued. Failing to file your appeal within time will mean that the Court cannot hear your appeal.

Have you been caught speeding and are unsure of your next steps?

Don’t navigate this challenging situation alone. Barsha Defence Lawyers is here to help you understand your options and guide you through the legal process.

Why Choose Barsha Defence Lawyers?

Expert Legal Advice: Our team at Barsha Defence Lawyers has extensive experience in handling speeding offences and traffic offences.
Personalized Consultation: We offer a tailored approach to each case, ensuring you receive the best advice for your unique situation.
First Consultation Free: We believe in providing value from the start. Book your first consultation with us at no cost and learn how we can assist you.

What to Expect:

Thorough Case Evaluation: We’ll review the details of your speeding ticket and any related circumstances.
Clear Guidance: Understand the potential outcomes and what steps to take next.
Support and Representation: From paperwork to court appearances, we’re with you every step of the way.

Call Us Today! We Are Available 24/7

Don’t let a speeding ticket disrupt your life. Contact Barsha Defence Lawyers today to schedule your first free consultation. Let our expert team of traffic lawyers help you navigate your speeding ticket with confidence.