What is a speeding fine?Speeding Fines NSW - Radar/Lidar

If you are detected driving a vehicle above the legal speed limit by a speed camera or police officer, a penalty notice will be issued by the Roads and Maritime Services. The penalty notice will impose a fine, demerit points, and possibly licence suspension.

Excess speed can be detected in a number of ways, including from stationary radars such as speed cameras, mobile speed cameras, or through laser speed testing (LIDAR), which stands for Light Detection and Ranging.

 

Penalty notice

Unless you are pulled over by the police while driving, you will typically receive a penalty notice in the mail. The penalty notice will set out the fine owed and the demerit points incurred. Paying the fine means accepting that you were speeding. As speeding is not a criminal offence, it will not go on your criminal record.

If you believe that the penalty notice is incorrect, and that you were not speeding, you may choose to request a review of the fine or go to court and challenge the notice.

 

Penalties for speeding

 

Fines and demerit points

The amount of the fine and number of demerit points you receive will depend on:

  • How fast you were driving.
  • The type of motor vehicle you were driving.
  • The kind of licence you held at the time.

The following table sets out the fines and demerit points for speeding while driving a “C class vehicle”. This covers most cars, vans, utes, and some light trucks.

A full unrestricted licence has a limit of 13 demerit points. Once you reach this limit, your licence will be suspended.

Speeding offenceFineDemerit Points
Exceed speed up to 10km/h$3651
Exceed speed over 10 km/h$4893
Exceed speed over 20 km/h$6094
Exceed speed over 30 km/h$1,4645
Exceed speed over 45 km/h$2,5306

 

Court-imposed fines

If you challenge the penalty notice and your matter is heard before a court, the maximum fines that can be imposed increase significantly.

Speeding offenceLight vehicles Heavy vehicles
Exceed speed up to 10km/h$2,200$2,200
Exceed speed over 10 km/h$2,200$2,200
Exceed speed over 20 km/h$2,200$2,200
Exceed speed over 30 km/h$2,200$2,200
Exceed speed over 45 km/h$2,530$3,740

 

Licence suspension and disqualification periods

If you were driving more than 30 kilometres per hour (km/h), your licence may also be suspended. If the matter proceeds to court, the court can disqualify your licence. You licence may be suspended or disqualified for:

  • A period of three months if you were driving more than 30km/h above the speed limit.
  • A period of six months if you were driving more than 45km/h above the speed limit.

Both a licence suspension and disqualification prohibit you from driving for the specified period. However, a licence suspension is imposed by the RMS or NSW Police without a formal conviction, whereas a licence disqualification is imposed by a court as part of the penalty for a formal conviction.

Learner and P1 licence holders will have their licence suspended for three months for any speeding offence.

 

Frequently Asked Questions

How do I dispute a speeding fine?

There are two ways to dispute a fine.

1. Ask Revenue NSW to review the fine.

You can ask Revenue NSW to review a fine any time up until the due date on the penalty reminder notice.

If the fine is overdue, you generally lose the chance to ask for a review. Revenue NSW will only consider a review of an overdue fine in limited circumstances.

If you ask Revenue NSW to review the fine, they will consider the following:

  • Whether the penalty notice should have been issued in the first place.
  • Whether you were the person who committed the offence.
  • Whether you should have been cautioned instead.
  • Whether the offence occurred in an emergency.
  • Whether the offence occurred due to a mechanical breakdown.
  • Your driving record.

To ask Revenue NSW to review the fine, you can make a request online, write a letter, or make a request via phone call. We can assist you to put your best case forward to Revenue NSW.

Revenue NSW will either withdraw the fine, give you an official caution or choose not to withdraw the fine.

2. Elect to go to court.

If Revenue NSW refuses to withdraw the fine, you can elect to go to court to dispute the fine.

It is important to note that there are time limitations in which you must elect to go to court.

If you choose to go to court, you will have your matter heard in the Local Court before a magistrate.

Should I challenge the penalty notice and go to court?

Before electing to go to court, it is important to get legal advice and consider legal representation. This is because the fines that can be imposed by a court are more serious than a penalty notice fine. If you go to court you run the risk that you could receive a higher fine than what you originally received.

An experienced criminal or traffic lawyer can assist you in putting your best case before the magistrate. Your lawyer will explain to the magistrate why you should not have been fined or why you should receive a lesser fine.

Can my car be impounded for a speeding offence?

Yes. If you were driving more than 30km/h over the speed limit, your vehicle may be impound or your number plates may be confiscated for up to six months.

How can we help?

We are experienced in successfully disputing speeding fines and charges.

Book a free consultation or call us on 1300 668 484 for 24/7 legal advice.