Our laws set out various speeding offences, with differing penalties. Penalties can range from fines and demerit points, through to licence loss and imprisonment, depending on the seriousness of the offence.
Exceeding the speed limit
Road laws require that a driver must not drive over the speed limit. For offences in which the driver exceeds the speed limit by up to 44 kilometres per hour, fines and demerit points will apply, depending on the extent to which the speed limit was exceeded.
Excessive speed is a much more serious charge: It is an offence to drive a vehicle at more than 45 kilometres per hour above the speed limit
Penalties can be severe.
- First time offenders face a mandatory licence disqualification for at least 6 months and fines ranging between $1,100 and $1,500.
- Subsequent offenders face a mandatory licence disqualification for at least 2 years and fines ranging between $1,200 and $1,700.
If detected excessively speeding, you may be issued with an expiation notice or an on-the-spot-fine. The Police may also issue a Notice of Instant Loss of Licence (ILOL), which will disqualify you from holding or obtaining a drivers licence for a period of 6 months. If you elect to be prosecuted for the offence, the ILOL is cancelled. This means that you can continue driving for the time being. . You will then receive a summons to attend Court.
If the Court finds you guilty of the offence, it must impose the mandatory licence disqualification, as outlined above.
It is important to be aware that this offence also attracts up to nine demerit points upon payment of the expiation notice or a finding of guilt.
Reckless and dangerous driving
It is an offence to drive a motor vehicle recklessly or at a speed that is dangerous to the public.
In determining whether an offence has been committed, the Court must consider the circumstances under which the offence is said to have occurred, including the amount of traffic on the road at the relevant time.
This is a serious offence and if found guilty, penalties include:
- For first time offenders, a mandatory licence disqualification of at least 12 months.
- For subsequent offenders who offend within five years of their first offence, a licence disqualification of up to three years.
- A maximum of two years’ imprisonment.
- Up to six demerit points.
In addition to these penalties, you may also face a further administrative licence disqualification in addition to the Court imposed/mandatory licence disqualification.
Speed detection devices
Police speed detection devices can have varying margins of error. It may be possible to negotiate a reduction of the speed alleged or to contest the charge in its entirety. However, there is a range of technicalities to consider, which means that it is essential to seek legal advice if you wish to contest the charge.