Understanding Penalties and Options for NSW Speeding Fines
This comprehensive guide to speeding fines NSW offers everything you need to know about running offences, penalties, and the options available to you to make an informed decision.
Speeding fines are common in New South Wales, and receiving a penalty notice can be a stressful experience.
In 2020 alone, the NSW government charged nearly $1 billion in penalty notice fines, with demerit point penalties and suspension periods among the consequences.
If you find yourself in this situation, you must know your options and seek legal assistance from a qualified lawyer who can help you navigate the process.
This comprehensive guide to NSW speeding fines covers running offences, penalty notice fines, demerit point penalties, suspension periods, and more to ensure that you’re informed and equipped to make the best decisions for your case.
What Is a Speeding Offence
A quick breakdown of speeding offences in NSW
Speeding offences in Australia typically apply to individuals driving over the speed limit.
You can receive a speeding fines NSW for driving over the speed limit, driving over the speed limit in a school zone, past a school bus too fast, or driving over a particular speed limit assigned to you.
Speeding offences exist because exceeding the speed limit can contribute to injury and death. In most cases, running increases the stopping point of your vehicle and the likelihood of a crash.
Most speeding offences result in fines, penalties, or licence point demerits. More serious violations may result in more consequences.
Different speeding offences typically carry various fines and penalties depending on how many kilometres over the speed limit you are going.
Camera detected speeding also allows you to see the image taken by speed cameras at the time of the offence.
In the next section, we’ll dive deeper into each speeding offence.
Types of Speeding Offences
Understanding the types of speeding offences you can face
Several types of speeding offences can carry different fines depending on the severity of the crime.
According to the government of NSW, the three types of speeding offences are:
- Driving over the speed limit
- Going fast in the school zone/past a school bus
- Driving with a provisional licence and exceeding the speed limit indicated on the licence
Within each type of speeding offence, there are many different subtypes.
Going Over the Speed Limit
If you exceed the speed limit, the severity of your charge will depend on the amount by which you exceed the speed limit.
For example, there are different penalties for speeding between 0 and 10 km/h, 10-20 km/h, and 20 – 30 km/h over the speed limit.
Driving more than 45km/h over the limit can incur severe penalties, including immediate licence suspension.
School Zones
School zones have speed limits typically lower than those in other areas.
If you are driving over the speed limit in a school zone or over 40 km/h past a school bus that is stopped on the road, you can receive a speeding violation.
As with other violations, your penalties will depend on the severity of the issue.
Provisional licences
If you have a provisional licence, you must respect the speed limit indicated on your licence. If you do not do so, you risk receiving a speeding fine in NSW for exceeding your limit.
There are different penalties for provisional licence holders, so keep this in mind.
How Speeding Fines NSW Can Vary
Speeding fines NSW typically increase in amount according to the severity of the violation.
For example, driving five kilometres over the speed limit will likely receive a lower fine than if you’re caught speeding more than 45 kilometres over the speed limit.
Speeding fines are explained in more detail below.
Understanding the Cost of Speeding in NSW
Speeding fines NSW follow this general structure:
- 0-10 km/h over the speed limit: $123
- 10-20 km/h over the limit: $285
- 20-30 km/h over the limit: $489
- 30-45 km/h over the limit: $935
- Over 45 km/h: $2520
If convicted by a court of law, you may have to pay a flat fine of $2200.
Speeding Fines NSW: School Zones
NSW speeding fines in school zones are as follows:
- 0-10 km/h over the speed limit: $203
- 10-20 km/h over the limit: $365
- 20-30 km/h over the limit: $609
- 30-45 km/h over the limit: $1179
- Over 45 km/h: $2676
Learner, P1, P2 Fines
For permit and provisional licence holders, NSW speeding fines are the same as for other drivers.
However, if you receive a speeding ticket and hold a special licence, you may risk incurring more demerit points than others.
P1 licence holders may also lose their licences at the officers’ discretion at the scene or in court.
Penalties & Notices
Understanding Demerit Points and licence Penalties for Speeding Offences in NSW
It’s important to note that most speeding tickets mandate fines and penalties.
Depending on the type of offence and the severity of the crime, you may risk incurring between one and seven demerit points on your licence.
Demerit points accrue as the fine increases.
For example, if you exceeded the speed limit by under 10 km/h, you would only receive one demerit from a police officer. You would receive six demerits if you exceeded the limit by over 45 km/h.
The penalties are typically more severe in school zones, for provisional licence holders, and during double demerit periods for the person responsible.
Speeding penalties in NSW follow this basic structure:
- 0-10 km/h over the speed limit: One demerit
- 10-20 km/h over the limit: Three demerits
- 20-30 km/h over the limit: Four demerits
- 30-45 km/h over the limit: Five demerits
- Over 45 km/h: Six demerits
If you have lost your licence during a double demerits period or are temporarily suspended, consider contacting our traffic lawyers Sydney team to handle your case since they can help you reinstate your licence.
Available Defences
How To Approach Your Defence
Licence holders receiving a speeding fine in NSW have several options.
You can:
- Request a review of the fine (i.e. penalty, reminder notice)
- Go to court
Ultimately, no matter your choice, you may consider contacting James & Jaramillo Lawyers before proceeding.
Request a Review of the Fine
You can reach out to Revenue NSW to request a review of the fine.
You can challenge your speeding ticket after an enforcement action if:
- There was a mistake with the violation
- There was an extenuating circumstance
- You incur a significant penalty or risk losing your licence.
You must lodge your complaint with the Revenue NSW office within 60 days of your offence. Then, Revenue NSW will decide one of the following:
- You must pay the total amount
- You receive a caution but no fine or no demerit. However, the charge will appear on your record.
- NSW cancels the fine, and you pay nothing. There is no charge on your record.
Go to Court
You can challenge the ticket by going to court to have the penalties lowered or eliminated.
You must seek representation before the court since a judge can add extra demerit points to your record or raise the fine.
You must also go to court before you decide to pay the fine. Your outcome will not result in reimbursement.
What Happens If You Don’t Pay
You risk receiving more penalties if you do not pay your speeding fine in NSW.
According to the Fines Act of 1996, you have 28 days to pay the fine. If you do not pay it within this time, you will receive an additional $65 or higher penalty.
Additionally, if a person neglects to pay the second fine, they might:
- Lose their licence
- Lose their vehicle registration
- Not be able to renew their licence or register a vehicle.
Ultimately, you must pay your NSW speeding fine to avoid such consequences.
Before You Go
If you have received a speeding fine from NSW Police, consider contacting experienced legal professionals to handle your case.
Having the right lawyer can help you receive the best outcome possible and bring peace of mind.
If you need other legal questions answered, see our dedicated law blog! We tackle other criminal law, family law, & traffic law topics such as ‘The Risks Of Representing Yourself in Court’, ‘What Is An Indictable Offence’, ‘How Long Does A Criminal Record Last In NSW’, & More!
