At
Nicopoulos Sabbagh Lawyers, throughout the years, we
have dealt with minor to some of the most serious Traffic Offences in Sydney.
Our Team of Sydney Traffic Lawyers practice in all areas of Traffic Law in NSW.
Our team of Sydney Traffic Lawyers is available to always answer all your
questions. For today’s topic, we will be discussing the offence of “Speeding’’
in NSW.
One of the
common questions we get (in relation to the area of Traffic Law) at Nicopoulos
Sabbagh Lawyers are commonly centred around the offence of ‘Speeding’ and the
Penalties in relation to speeding. In this article, we will be seeking to break
down to you the offence of ‘speeding’ in general.
If a
driver of a ‘Motor Vehicle’ drives faster than the speed limit which is set,
then they have committed a speeding offence. Speeding is one of the most
dangerous offences because not only does it increase the driver’s risk of a
crash, but it can have a severe effect on not just the driver, not just the
passenger(s) in that vehicle but the public. The offence of speeding is a very
serious offence, and it can entail heavy penalties.
It is no
secret that different speeding offences carry different penalties as it is
subject to how severe or how fast the person was in fact driving. Penalties
range from fines, demerit points and they can even entail Licence
Disqualification and in very serious circumstances, imprisonment!
What
happens when a person is convicted of a serious speeding offence in NSW?
If a
person is convicted of a serious speeding offence, they may have their licence
suspended or even disqualified (disqualified by the Court) for a certain
period.
Speeding
offences carry demerit points which are added to the offender’s record and if
the offender reaches or even goes over the demerit point limit, an additional
licence Suspension from Transport For NSW (TFNSW) can apply. (This
additional licence suspension will be added on top of the NSW Police
Suspension.
NSW Police
can issue a mandatory licence suspension (on the spot) if a person is caught to
be speeding more than 45km/h over the speed limit. Police can even impound a
vehicle or even confiscate the number plate of the vehicle involved in such a
serious offence.
But the
question is, what is classified as a ‘serious speeding’ offence?
Serious
Speeding Offence?
A ‘Serious
Speeding Offence’ is any of the following:
1.
Driving
with a licence Suspension or Driving with a Licence Disqualification and
exceeding the speed limit by more than 30km/h
2.
Driving
more than 45km/h over the speed limit
3.
Driving
more than 30km/h but not more than 45km/h over the speed limit.
How is
‘Speeding’ detected in NSW?
In NSW the
offence of speeding can be detected by any of the following means:
–
Mobile
Speed Cameras, OR
–
NSW
Police, OR
–
Fixed
Speed Cameras
It should
be noted that if an offender is caught speeding by way of a fixed Speed Camera
or even a mobile Speed Camera, then the Camera which detected the Offence will
clearly show the date of the offence, time of the offence, location of where
the offence was committed, Vehicle make,
Vehicle type, colour of the vehicle and the registration plates of that vehicle
responsible for the offence.
Taking
a speeding offence to Court?
If a
person takes the speeding offence (commonly referred to as an ‘infringement
notice’) to Court and that person enters a plea of NOT Guilty and they are
subsequently found Guilty of the Offence, then the Court will proceed to
Sentence and hand down a Penalty for the offence.
It should also
be noted that likewise, if the person takes the ‘speeding offence’ (the
infringement notice) to Court enters a plea of ‘Guilty’ to the Offence from the
Outset, then the Court will also proceed to sentence and hand the
Defendant a penalty for the offence.
During the
Sentence Proceedings, a Court in NSW has the Power to do any of the following:
· Impose a section 10(1)(a) and
dismiss the offence, (this means that you don’t lose any demerit points)
OR
· Impose a Conditional Release Order
without recording of a Conviction, (this also means that you don’t lose any
demerit points on the condition that you are of Good Behaviour for a certain
period as stipulated by the Court) OR
· Record a Conviction and impose a
fine, OR
· Record a Conviction and increase
the Original Fine, OR
· Record a Conviction and impose a
Period of Licence Disqualification, OR
· Record a Conviction, increase the
Original Fine and impose a period of Licence Disqualification.
Did
you know?
That
pursuant to section 204 of the Road Transport Act, a NSW Court has the power to DISQUALIFY a person from
holding a driver’s licence if they are convicted of an offence against Road
Transport legislation, allowing the court to specify the duration of the
licence disqualification period; essentially,
meaning the court can disqualify a driver upon conviction for a relevant
traffic offence.
Did
you ALSO Know?
This
Power extends to Traffic
Infringement Notice(s) which have been elected and taken to Court! It is for
this reason that we highly recommend that a person speak to a lawyer and obtain
legal advice prior to taking any infringement notice to Court as many people
are unaware of the penalties which this entails.
Below is a
breakdown of the different penalties which can be imposed if a person is
convicted by the Court (for different Speeding Offences).
|
SPEEDING OFFENCE TYPE |
LIGHT VEHICLES MAXIMUM FINE |
HEAVY
VEHICLES MAXIMUM FINE |
LICENCE
DISQUALIFICATION |
|
SPEEDING NOT MORE THAN 10KM/H |
$2200 |
$2200 |
– |
|
SPEEDING MORE THAN 10KM/H BUT NOT MORE THAN 20KM/H |
$2200 |
$2200 |
– |
|
SPEEDING MORE THAN 20KM/H BUT NOT MORE THAN 30KM/H |
$2200 |
$2200 |
– |
|
SPEEDING MORE THAN 30KM/H BUT NOT MORE THAN 45KM/H |
$2200 |
$2200 |
3 months (minimum) |
|
SPEEDING MORE THAN 45KM/H |
$3300 |
$5500 |
6 months (minimum) |
For the latest
updates on this topic, please be sure to visit: https://www.nsw.gov.au/driving-boating-and-transport/demerits-penalties-and-offences/offences/speeding-offences-and-penalties
SPEEDING OFFENCE:
LEARNER OR PROVISIONAL DRIVERS
If a
person holds a learner or provisional licence and they commit any speeding
offence, they will incur at least 4 demerit points.
What
does this mean for Learner Drivers & P1 (Provisional) licence holders?
Upon
payment of the fine, L or P1 Drivers will receive a letter titled ‘Notice of
Suspension’ where it will note that they will have their licence suspended (or
refused) for a minimum Period of 3 months for the speeding offence. This
suspension can be appealed in Court, and we strongly advise that you obtain
legal advice if you wish to appeal the decision of TFNSW against the suspension
of your licence.
What
does this mean for P2 (Provisional) licence holders?
Upon
payment of the fine, P2 licence holders will have to stay on their P2 Licence
for an extra 6 months for every time they are caught speeding 30km/h or more
over the speed limit. In addition to this, they will also receive a licence
suspension. This suspension can be appealed in Court, and we strongly advise
that you obtain legal advice if you wish to appeal the decision of TFNSW
against the suspension of your licence.
Why
Choose the best Sydney Traffic Lawyers, Nicopoulos Sabbagh Lawyers to represent
you in your Traffic Law Matter in Sydney?
Nicopoulos
Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office
appears at ALL Courts in NSW on a regular basis in ALL Traffic Law matters. No matter is too complex for Nicopoulos
Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your
Consultation today!
GOING
TO COURT?
It
is very important that you speak with a lawyer so that you can get the
appropriate legal advice which you require prior to going to court.
Our team
of experienced lawyers are there for you and can help you answer all your
questions, so be sure to contact your
Sydney Lawyers, Nicopoulos
Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 4th March 2025.
*Please note that
this page or any other pages on our website (including any other social media
platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a
substitute for legal advice or even other professional advice. It should also
be noted that accessing of this information from this website does not create a client-lawyer
relationship.