Speeding is a common traffic offence in NSW.
Speeding offences can be detected by roadside cameras, police officers in their vehicles, and even from the air.
The penalties for breaking the posted speed limit on NSW roads can range from fines and demerit points, to licence suspension, or disqualification from driving.
There are a number of different speeding offences in NSW, which vary in severity depending on how fast the vehicle was travelling, and the size and type of the vehicle.
Here is a brief guide to the main NSW speeding offences.
Serious speeding offences
While the majority of speeding offences are generally considered minor, there are a few exceptions that attract harsher penalties than a fine.
If you are caught driving between 30 and 45 km/h over the speed limit, you are liable to face an automatic suspension from driving for three months.
For speeding offences where you are caught driving at a speed that exceeds the limit by 45 km/h or more, you will be liable for six months suspension.
If you are pulled over for speeding by a police officer, your licence can be confiscated on the spot.
In addition to being suspended, you will also accrue demerit points, which can contribute to future suspensions or make you appear worse if you come before a magistrate for an appeal against a penalty notice or for a major traffic offence such as drink driving, reckless or dangerous driving, or driving under the influence.
When a penalty notice is issued
If you are caught speeding by a fixed or mobile camera, or police officer, and you are issued with a penalty notice, you are liable for fines and demerit points.
The severity of both depends on how fast you were driving, and whether you were driving a light vehicle, a mid-range truck, or a heavy vehicle or coach.
There are additional penalties for speeding in a school zone.
Fines range from $105 to $3,543, and the number of demerit points drivers lose starts at one point for driving 10 km/h or less over the speed limit, and rises to seven points for speeding in a school zone at more than 45 km/h over the limit.
When there is a court conviction
If you disagree with a penalty notice, you can elect to have the matter dealt with by a court.
The court will also handle the matter in cases where the speeding resulted in a collision or injury, or there were other, more serious traffic offences involved.
The penalties for NSW speeding offences can be more severe if you are convicted by the court, attracting a maximum fine of $3,740.
How do I appeal a speeding charge or penalty notice?
If you receive notification in the mail that you were caught speeding, and you don’t agree that you were going over the legal limit, you can appeal the ticket.
Traffic cameras and police radar are subject to technical constraints, and the proficiency of the person using the equipment and false results or faulty readings do happen.
Appealing a speeding ticket generally means preparing a defence and going to court to have the matter dealt with.
If you want to appeal a speeding fine or penalty notice, it is a good idea to speak to an experienced traffic lawyer first.
There are a number of ways you can defend yourself against a speeding charge, and in some cases it may be possible to get a section 10 dismissal or conditional release order for your speeding offence, and avoid a criminal conviction, fine or licence suspension.