Case facts
Our client was prosecuted for exceeding the speed limit over 10 km/h in a school zone on the Great Western Highway Parramatta. The client was on an RTA good behaviour licence at the time of the offence. He argued that the signage was not “clearly visible” to him as the school zone signs were obscured by large trucks, buses and other large vehicles travelling on the road at the same time. He was travelling under the ordinary speed limit of 60km/h.
Penalties for speeding in a school zone
Our client was facing penalties for speeding in a school zone as set out in Rule 20 of the Road Rules 2014 (NSW). The penalties for full licence holders differ from the penalties for holders of a Learner, P1 or P2 licence holder.
Penalties for a full licence holder
| Light vehicle (Class A Motor Vehicle)* | Fine level | Fine | Demerit points | Double Demerit** | Suspension period (imposed by the RTA) |
| Exceed speed by 10 km/h and under | 3A | $203 | 2 | Yes | N/A |
| Exceed speed over 10 km/h | 5A | $365 | 4 | Yes | N/A |
| Exceed speed over 20 km/h | 7A | $609 | 5 | Yes | N/A |
| Exceed speed over 30 km/h | 10A | $1,179 | 6 | Yes | 3 months (minimum) |
| Exceed speed over 45 km/h | 15A | $2,676 | 7 | Yes | 6 months (minimum) |
Penalties for holders of a learner driver licence
| Light vehicle (Class A Motor Vehicle)* | Fine level | Fine | Demerit points | Double Demerit** | Suspension period (imposed by the RTA) |
| Exceed speed by 10 km/h and under | 3A | $203 | 5 | Yes | 3 months (minimum) |
| Exceed speed over 10 km/h
|
5A | $365 | 5 | Yes | 3 months (minimum) |
| Learner Special Speed Limit – 90 km/h (rule 24-1(1) of Road Rules 2014 (NSW)) | |||||
| Exceed speed by 10 km/h and under | 3A | $203 | 5 | Yes | 3 months (minimum) |
| Exceed speed over 10 km/h | 5A | $365 | 5 | Yes | 3 months (minimum) |
| Exceed speed over 20 km/h | 7A | $609 | 5 | Yes | 3 months (minimum) |
| Exceed speed over 30 km/h | 10A | $1,179 | 6 | Yes | 3 months automatic police suspension*** |
| Exceed speed over 45 km/h | 15A | $2,676 | 7 | Yes | 6 months automatic police suspension |
Penalties for holders of a provisional driver licence
| Light vehicle (Class A Motor Vehicle) | Fine level | Fine | Demerit points | Double Demerit | Suspension period (imposed by the RTA) |
| Exceed speed by 10 km/h and under | 3A | $203 | 5 | Yes | 3 months (minimum) |
| Exceed speed over 10 km/h
|
5A | $365 | 5 | Yes | 3 months (minimum) |
| Provision P1*** and P2**** Special Speed Limit | |||||
| Exceed speed by 10 km/h and under | 3A | $203 | 5 | Yes | 3 months (minimum) |
| Exceed speed over 10 km/h | 5A | $365 | 5 | Yes | 3 months (minimum) |
| Exceed speed over 20 km/h | 7A | $609 | 5 | Yes | 3 months (minimum) |
| Exceed speed over 30 km/h | 10A | $1,179 | 6 | Yes | 3 months automatic police suspension |
| Exceed speed over 45 km/h | 15A | $2,676 | 7 | Yes | 6 months automatic police suspension |
Case result
The charge was dismissed. The Magistrate decided that the words of the legislation require that signage is “clearly visible” to drivers to whom it is designed to apply. His Honour found that the signs did not accommodate the nature of the traffic on the road at the time of the offence. He added that signs must be obvious, unambiguous and absolutely clear.
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