Speeding is one of the most common traffic offences in NSW, carrying serious penalties to ensure road safety. Understanding the consequences of speeding, such as fines, demerit points, and potential licence suspensions, is crucial for all drivers.

This guide provides an overview of how speeding offences are penalised in NSW. It explains the demerit points system, detailing how points accumulate and the implications of these penalties, including licence suspension or disqualification.

Understanding Speeding, Fines & Penalties in NSW

Speeding is a serious offence in NSW, with violations resulting in both monetary fines and legal penalties. The severity of these penalties depends on how much the speed limit is exceeded. For minor offences, such as exceeding the limit by 10km/h or less, drivers face smaller fines and fewer demerit points. However, more significant breaches, such as exceeding the speed limit by 30km/h or more, carry hefty fines, additional demerit points, and potential licence suspensions.

Extreme cases, like driving over 45km/h above the limit, can lead to immediate suspension and further legal consequences.

The demerit points system works alongside fines to encourage responsible driving. Each speeding offence carries a specific number of demerit points, which are recorded against your licence. If you accumulate too many points within a three-year period, your licence may be suspended or disqualified. For example, unrestricted licence holders can accrue up to 13 points before facing suspension, while learner and provisional drivers have much lower thresholds.

By combining financial penalties with demerit points, the system aims to deter reckless behaviour and ensure safer roads. Understanding these penalties helps drivers remain informed and cautious, reducing the risk of offences and their long-term consequences.

How Speeding Is Detected

To ensure compliance with speed limits and promote road safety, NSW authorities use various methods to monitor and detect speeding. These technologies are strategically implemented across roads to catch drivers exceeding legal speed limits and reduce the risk of accidents.

• Fixed speed cameras: These are commonly installed on busy roads, intersections, and school zones, targeting areas with high traffic or accident rates. These cameras automatically capture speeding vehicles and issue penalties.
• Mobile speed cameras: These are deployed in unmarked vehicles that can operate in different locations, such as residential streets or highways, making them unpredictable and effective in discouraging speeding.
• Rader and laser devices: These are used by police officers during roadside operations to measure vehicle speeds accurately. These handheld or mounted devices are particularly effective on highways and roads where drivers are prone to speeding.

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Demerit Points, Speeding Fines, and Penalties in NSW

Speeding in NSW carries significant penalties, including fines, demerit points, and, in severe cases, licence suspensions. These penalties are designed to deter unsafe driving and ensure compliance with speed limits.

For non-heavy vehicles, fines and demerit points increase with the severity of the offence. For example, minor violations, such as exceeding the limit by 10km/h or less, attract a smaller fine and one demerit point, while offences involving speeds over 45km/h above the limit result in significant fines, six demerit points, and licence suspensions. Heavy vehicle drivers face even stricter penalties, with higher fines and demerit points due to the increased risks associated with larger vehicles.

Special rules apply in school zones, where penalties are more severe to protect vulnerable children. Additionally, during double demerit periods, which typically coincide with holidays, drivers can incur double the usual demerit points for offences, emphasising the importance of adhering to road rules during these times.

Speeding Under 10 km/h over the Limit

For minor speeding offences, such as exceeding the limit by 10km/h or less, drivers of non-heavy vehicles face a fine of $123.00 and incur one demerit point. While this is considered a low-level offence, it still impacts your driving record.

For heavy vehicles, the fine increases to $287.00, reflecting the greater risks associated with larger vehicles. During double demerit periods, the penalties become more severe, with drivers incurring double the usual demerit points. This outlines the importance of adhering to speed limits, even for minor breaches, to avoid long-term consequences.

Speeding 10-20 km/h over the Limit

Moderate speeding offences, where a driver exceeds the speed limit by 10-20km/h, attract higher fines and additional demerit points. For non-heavy vehicles, the fine is $275.00, with three demerit points recorded. Heavy vehicle drivers face stricter penalties, with fines increasing to $481.00 due to the heightened risks associated with larger vehicles.

If the offence occurs in a school zone, penalties are significantly harsher to protect children. During double demerit periods, the demerit points for this offence double, making it crucial for drivers to adhere strictly to speed limits, especially in sensitive areas like school zones.

Speeding 20-30 km/h over the Limit

High-range speeding offences, where a driver exceeds the limit by 20-30km/h, carry significant penalties. For non-heavy vehicles, the fine is $481.00, with four demerit points recorded. Heavy vehicle drivers face stricter enforcement, with fines increasing to $920.00 and the addition of four demerit points, reflecting the heightened risks posed by commercial vehicles.

Repeat offences in this category can lead to longer licence suspensions, especially for commercial operators, as authorities prioritise road safety and accountability. Drivers should also be aware that during double demerit periods, these penalties increase, adding to the long-term impact on driving records.

Speeding 30+ km/h over the Limit

Exceeding the speed limit by 30km/h or more is a severe offence in NSW, carrying substantial penalties. For non-heavy vehicles, the fine is $920.00, with five demerit points recorded, and an automatic three-month licence suspension applies. For heavy vehicle drivers, the fine increased to $1,874.00 with six demerit points, reflecting the greater risks associated with commercial vehicles.

Provisional drivers face even stricter consequences, as their lower demerit point thresholds can result in immediate suspensions. Heavy vehicle drivers may also be subject to additional monitoring and restrictions to ensure compliance. During double demerit periods, these penalties become even harsher.

Speeding in School Zones

Speeding in school zones carries stricter penalties to protect children and other vulnerable road users. During designated school zone hours, typically from 8:00 AM to 9:30 AM and 2:30 PM to 4:00 PM on school days, fines and demerit points are significantly increased. For example, exceeding the speed limit by 10km/h or less incurs a fine of $206.00 and two demerit points for non-heavy vehicles, while heavy vehicle drivers face even higher penalties.

During double demerit periods, these points double, emphasising the importance of adhering to school zone speed limits. Stricter monitoring ensures compliance, promoting safety in these high-risk areas.

Red Light Offences

Running a red light is a serious traffic offence in NSW, carrying a fine of $496.00 and three demerit points for non-heavy vehicle drivers. Heavy vehicle operators face even stricter enforcement, with higher fines and penalties reflecting the increased risks posed by larger vehicles.

In high-risk areas, such as school zones, the consequences are more severe. Offences committed during school hours result in higher fines and additional demerit points. Authorities prioritise strict monitoring in these areas to ensure the safety of pedestrians and other road users. Repeat offences may lead to harsher penalties and licence suspensions.

Corporate Penalties for Non-Nominated Offenses

When a vehicle registered to a company is involved in a traffic offence, the corporation must nominate the responsible driver. Failure to do so results in significantly higher fines. For instance, non-nominated speeding offences can attract fines exceeding $3,000.00, with even steeper penalties for heavy vehicle operators.

Corporations have a legal obligation to identify drivers, ensuring accountability and compliance with road safety laws. Failing to nominate a driver not only escalates financial penalties but can also lead to further scrutiny and legal consequences. Businesses must maintain accurate records to avoid these severe penalties and uphold road safety standards.

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How Demerit Points Accumulate and Risk of Suspension

Demerit points in NSW are recorded against your licence for traffic offences and accumulate over a three-year period. If you exceed the demerit point threshold for your licence type, you risk suspension or disqualification.

Unrestricted licence holders can accrue up to 13 points, while professional drivers with unrestricted licences are allowed 14 points. Learner and provisional drivers have stricter limits with thresholds of 4 points for L-platers and 7 points for P2 licence holders.

The lower thresholds for learner and provisional drivers place them at higher risk of suspension, making adherence to road rules particularly critical for new drivers.

Double Demerit Points and Special Periods

Double demerit points are a road safety initiative in NSW aimed at reducing risky driving behaviour during high-traffic periods, such as public holidays and long weekends. During these designated times, certain traffic offences result in double the usual demerit points, in addition to fines. The aim is to deter unsafe driving and promote caution on the roads when traffic volumes and accident risks are higher.

Offences commonly targeted include speeding, using a mobile phone while driving, not wearing a seatbelt, and riding without a helmet. For example, a speeding offence that normally incurs three demerit points will result in six points during a double demerit period. Similarly, offences like mobile phone use, which usually carries five points, will lead to ten points.

These increased penalties can quickly bring drivers close to their suspension thresholds, especially for learner and provisional licence holders who have lower limits. Heavy vehicle operators and repeat offenders also face heightened scrutiny during these periods.

Double demerit periods serve as a reminder for drivers to follow road rules strictly, as the consequences of even minor infractions can escalate significantly, leading to potential fines, licence suspensions, or disqualifications.

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Checking Your Demerit Points

In NSW, drivers can easily check their current demerit points using the Service NSW website or mobile app. By logging into your MyServiceNSW account and linking your driver’s licence, you can view your demerit point history and monitor any active penalties.

Keeping track of your demerit points is crucial to avoid unknowingly exceeding the thresholds that lead to licence suspension. For unrestricted licence holders, the limit is 13 points, while learner drivers and provisional licence holders have stricter limits of 4 points and 7 points.

Frequent monitoring helps drivers stay informed and adjust their behaviour to avoid further penalties. Additionally, understanding your demerit points status can be particularly useful during double demerit periods, when points accumulate faster. Proactively checking your demerit points ensures you remain compliant with the law and maintain your driving privileges.

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How to Pay a Speeding Fine

Speeding fines in NSW can be paid through various methods, including online via the Service NSW website, in person at Service NSW centres, or by phone. Ensure you pay before the due date to avoid late fees or further legal consequences. Always check deadlines on your infringement notice for compliance.

Online Payments

Paying speeding fines online is a convenient and efficient option for drivers in NSW. The process can be completed through the Service NSW website or mobile app. This secure platform lets you pay fines quickly and avoid late fees or additional penalties.

To make an online payment:

1. Visit the Service NSW website and log into your MyServiceNSW account.
2. Navigate to the ‘Pay a Fine” section.
3. Enter the infringement notice number and other required details, such as your driver’s licence number.
4. Confirm the fine details, including the amount and due date.
5. Complete the payment using a credit or debit card.

You will receive a confirmation email or receipt upon successful payment, which you should keep for your records. Online payment ensures compliance and helps drivers avoid the inconvenience of late penalties or potential legal complications.

Payment by Mail or In-Person

Drivers in NSW can pay their speeding fines by mail or in person at a Service NSW centre. These options are suitable for those who prefer traditional payment methods or lack access to online services.

To pay by mail:

1. Write a cheque or money order payable to the issuing authority (e.g. Revenue NSW).
2. Include your infringement notice number on the cheque/money order for reference.
3. Send your payment and a copy of the infringement notice to the address specified on the notice.

To pay in person:

1. Visit your nearest Service NSW Centre. Locations can be found via the Service NSW website.
2. Bring your infringement notice and any required identification.
3. Choose from multiple payment methods, including cash, card, or EFTPOS.

Paying in person allows immediate confirmation of payment, while mail payment should be sent well before the due date to avoid late fees. Always retain receipts for your records.

Setting up a Payment Plan

For individuals unable to pay a speeding fine in full, NSW offers the option to arrange a payment plan through Revenue NSW. This allows you to pay the fine in smaller, manageable instalments over time while avoiding additional penalties for late payment.

To set up a payment plan:

1. Visit the Revenue NSW website or contact their customer service team via phone
2. Provide your infringement notice number and personal details.
3. Submit an application for a payment plan, detailing your financial situation if required.

Eligibility criteria may apply, especially for individuals experiencing financial hardship or those holding concession cards. Once approved, you will receive a schedule outlining the instalment amounts and due dates. Payments can typically be made online, by phone, or in person.

Staying compliant with the agreed payment schedule ensures you avoid further legal consequences and helps you manage your financial obligations effectively.

Appealing a Speeding Fine or Penalty

If you believe you have been unfairly issued a speeding fine or demerit points, you can appeal the penalty by lodging a formal review or contesting it in court. This process allows drivers to present their case if they suspect errors or in exceptional circumstances.

Grounds for Appeal:

• Incorrect speed readings: The speed recorded may be inaccurate due to faulty equipment or environmental interference.
• Faulty equipment: Speed cameras or radar devices may not have been properly calibrated or maintained.
• Special Circumstances: Emergencies, such as transporting a critically ill person, may justify speeding in certain cases.

Process for Contesting:

1. Lodge a review request with Revenue NSW, providing detailed reasons for the appeal.
2. Submit evidence such as calibration certificates for speed cameras or radar equipment, witness statements or affidavits, documentation supporting special circumstances.

If the fine is upheld, you may choose to contest the matter in court, where a magistrate will assess the evidence. Ensure your appeal is based on valid grounds, as appeals with low prospects may lead to additional costs or penalties. Preparing clear and compelling evidence is crucial for a successful outcome.

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Appealing a License Suspension Due to Speeding

In NSW, high-range speeding offences, such as exceeding the limit by more than 30 or 45 km/h, often result in immediate licence suspension. However, drivers have the right to appeal the suspension if they believe it was issued unfairly or if extenuating circumstances apply.

Appeal Process:

1. File an application to appeal the suspension at your local court. This must be done within 28 days of receiving the suspension notice.
2. Attend the court hearing, where a magistrate will consider your case based on the evidence and circumstances you present.

Valid Grounds for Appeal:

• Errors in the recorded speed: Faulty equipment or incorrect readings may invalidate the suspension.
• Necessity: Situations like medical emergencies or life-threatening circumstances may justify the appeal
• Administrative errors: Incorrect processing or issuing of the suspension notice can be grounds for appeal.

Preparing for the Appeal:

1. Gather your driving history to demonstrate a clean or responsible record.
2. Provide documentation, such as medical records, witness statements, or evidence of equipment faults.
3. Present any mitigating factors, such as the impact of suspension on employment of family responsibilities.

A well-prepared case increases the likelihood of a favourable outcome, though the final decision rests with the magistrate.

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Need Help with Your Speeding Fines? Contact Faraj Defence Lawyers

Understanding speeding fines, demerit points, and licence penalties is crucial for every NSW driver. This guide has covered essentials, including how fines and points are issued, the impact of high-range speeding offences, and options for appealing penalties or suspensions. However, navigating these legal complexities can be challenging, especially if your licence or livelihood is at risk.

Faraj Defence Lawyers are experts in traffic law, offering professional guidance for drivers facing speeding fines, licence suspensions, or related offences. Whether you’re seeking to appeal a fine, contest a suspension, or understand your legal options, our team provides personalised support tailored to your situation. With extensive experience handling traffic violations, we work to protect your rights and achieve the best possible outcome for your case.

If you need assistance with a speeding offence or other traffic-related matter, do not hesitate to contact a Criminal Defence Lawyer for expert advice.

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Frequently Asked Questions

Can I lose my license for speeding?

Yes, speeding offences can result in licence suspension. In NSW, exceeding the speed limit by 30 km/h or more leads to an automatic suspension of at least three months, while going over 45 km/h above the limit results in a six-month suspension. Accumulating demerit points beyond your licence threshold can also lead to suspension. For example, learner drivers face suspension after 4 points, provisional drivers after 7 points, and unrestricted licence holders after 13 points. Other states have similar thresholds and penalties, emphasising the importance of adhering to speed limits.

Can I reduce demerit points?

In NSW, demerit points generally cannot be reduced once incurred. However, drivers can avoid accumulating more points by adhering to road rules and driving responsibly. Some states and territories offer defensive driving courses that may help offset points or improve driving habits, but NSW does not currently provide this option. After three years, demerit points expire and are removed from your driving record, giving drivers a fresh start if they maintain good behaviour.

How long do demerit points last in NSW?

Demerit points in NSW remain on your driving record for three years from the date of the offence. After this period, they are cleared, provided you do not commit additional offences. This timeframe is applied uniformly across most licence types. Keeping track of your demerit points is crucial to avoid accumulating points beyond your licence threshold, which can lead to suspension.

What happens if I speed in another state?

If you commit a speeding offence in another state, inter-state agreements ensure the offence is recorded on your home state’s licence. For example, if a NSW driver is caught speeding in Victoria, the demerit points and fines will be transferred to their NSW driving record. This ensures that drivers cannot avoid penalties by offending in a different jurisdiction. Fines must be paid to the state where the offence occurred, and failure to do so can lead to additional penalties or enforcement actions.

Can I be fined for speeding in a rental car?

Yes, speeding fines and demerit points apply to rental car drivers just as they do to personal vehicles. If you are caught speeding in a rental car, the fine will be sent to the rental company, which will pass it on to you, often with an administrative fee. The demerit points will be recorded on your licence as usual. It is your responsibility to pay the fine promptly to avoid additional charges or complications with the rental agency.

What happens if I don’t pay a speeding fine?

Failing to pay a speeding fine can lead to severe consequences. In NSW, unpaid fines incur late fees and may escalate to enforcement orders through Revenue NSW. Persistent non-payment can result in your licence being suspended, your vehicle registration being cancelled, or even legal action. Additionally, unpaid fines can negatively impact your credit rating. If you are unable to pay, you can contact Revenue NSW to arrange a payment plan or apply for a review if you believe the fine was issued in error.

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