Speeding is something we’re all aware of, and something we all try to avoid. But sometimes, despite our best intentions, we can find ourselves facing a speeding fine. At Cunninghams – The Law Practice, serving clients throughout Bathurst, Blayney, Orange, and the wider Central West region of NSW, we understand that steering around the complexities of speeding fines and penalties in NSW can be a challenge. This blog aims to break down the information you need to know, helping you understand how speeding fines are calculated and what the potential consequences are.
How Speeding Fines Are Calculated
Speeding fines in Australia vary depending on several factors, including:
- The speed you were travelling: The greater the excess speed, the higher the fine.
- The speed limit of the road: Speeding in a lower speed zone (like a 40km/h zone) will generally result in a higher fine than speeding by the same amount in a higher speed zone (like a 100km/h zone).
- The type of licence you hold: Learner, provisional, and full licence holders face different penalties.
- The state or territory where the offence occurred: Each jurisdiction has its own specific fine amounts.
It’s important to remember that fines are not the only consequence. Demerit points are also applied to your licence, and these can lead to licence suspension if you accumulate too many.
How You Can Be Caught
Speeding offences can be detected in several ways:
- Fixed Speed Cameras: These cameras are permanently located at specific locations and automatically photograph vehicles exceeding the speed limit.
- Mobile Speed Cameras: These cameras are operated from police vehicles or other designated locations and can be moved from place to place.
- Police Officers: Police officers can use radar or laser devices to measure the speed of vehicles and can pull you over and issue a fine on the spot.
Immediate Licence Suspension
In NSW, police have the power to issue an immediate licence suspension at the roadside if you are caught speeding by more than 45km/h. This means you will be unable to drive your vehicle away from the scene.
Penalties for Learner, P1, and P2 Drivers
The penalties in NSW for speeding are significantly stricter for learner and provisional drivers:
- Learner and P1 Drivers: Learner and P1 licence holders receive an immediate 4 demerit points for any speeding offence, regardless of how much they exceed the limit. This means that any speeding offence will result in a licence suspension or refusal for at least three months. A further penalty may also be issued. This underscores the importance of adhering to speed limits while learning to drive.
- Provisional P2 Drivers: P2 licence holders face a different set of consequences. If caught speeding 30km/h or more over the speed limit, they must stay on their P2 licence for an extra six months. They will also receive a licence suspension and demerit points.
Demerit Points and Licence Suspension
All drivers accumulate demerit points for traffic offences, including speeding. The number of demerit points you receive depends on the severity of the offence. Accumulating too many demerit points within a specific timeframe will result in a licence suspension. The length of the suspension depends on your licence type and the number of demerit points accumulated.
What To Do If You Receive a Speeding Fine
If you receive a speeding fine, it’s important to understand your options. You can choose to:
- Pay the fine: This acknowledges the offence and avoids further legal action.
- Challenge the fine: If you believe the fine was issued incorrectly, you can contest it in court. This requires careful consideration and legal advice.
Seeking Legal Advice
Navigating traffic law and understanding the implications of a speeding fine can be complex. It is always advisable to seek legal advice from a qualified traffic lawyer. At Cunninghams – The Law Practice, we have extensive experience in traffic law in NSW and can provide you with the guidance and representation you need.
We can assess your situation, explain your options, and help you achieve the best possible outcome. In some cases, we can ensure you keep your licence for work-related matters. Speeding Fines & Penalties in NSW can have significant consequences, but our experienced team is here to guide you through the process. Contact us today for a consultation if you are facing a speeding charge in Bathurst, Blayney, Orange, or anywhere in the Central West region. We are here to help.
Email or call us on (02) 6332 9591 to book an appointment.