Speeding

What is
Speeding?

In New South Wales, a speeding offence occurs when a driver exceeds the posted speed limit or drives too fast for the road conditions, as defined under the Road Rules 2014 (NSW). Speed limits are strictly enforced to protect public safety, and offences range in severity depending on how far over the speed limit a driver was travelling. The different types of speeding offences include:

Low-range Speeding

  • Exceeding the speed limit by 10 km/h or less

Mid-range Speeding

  • Exceeding the limit by 11–20 km/h

High-range Speeding

  • Exceeding by more than 20 km/h, with additional penalties applying for 30 km/h and 45 km/h over the limit

Common situations where speeding offences occur include detection by fixed or mobile speed cameras, fines issued directly by police, driving through school zones or roadwork areas with reduced speed limits, and excessive speeding in poor weather or hazardous traffic conditions.

Speeding offences can result in:

  • Fines

  • Demerit points

  • Licence suspension

  • Criminal charges in cases of extreme speeding or where it causes harm

Some drivers may also face immediate suspension if caught exceeding the speed limit by more than 30 or 45 km/h, particularly for P-plate or learner drivers.

The Penalties
of Speeding

The penalties for speeding depend on how far over the speed limit you were driving and whether you're a learner, provisional, or unrestricted licence holder. Penalties can include fines, demerit points, and licence suspension, with more severe consequences for high-range speeding or repeat offenders. Speeding penalties in NSW as of 2025 may include:

Exceeding speed limit by 10 km/h or less

  • Fine: $130 (approx.)

  • Demerit Points: 1 point

Exceeding by 11–20 km/h

  • Fine: $275

  • Demerit Points: 3 points

Exceeding by 21–30 km/h

  • Fine: $481

  • Demerit Points: 4 points

Exceeding by 31–45 km/h

  • Fine: $920

  • Demerit Points: 5 points

  • Immediate licence suspension possible

Exceeding by more than 45 km/h

  • Fine: $2,893

  • Demerit Points: 6 points

  • Immediate licence suspension

In addition to fines and demerit points, speeding offences in NSW can result in further consequences. Double demerit points apply during holiday periods, significantly increasing the risk of suspension for even minor infractions. Learner and provisional drivers face stricter penalties and may receive automatic suspensions for exceeding their reduced demerit point limits. Furthermore, any driver who accumulates 13 or more demerit points within a 3-year period is at risk of having their licence suspended by Transport for NSW.

Appealing a
Speeding Penalty

If you receive a speeding fine or a licence suspension notice, you may be eligible to appeal the penalty in the Local Court. A speeding penalty appeal allows you to ask the court to:

  • Cancel or reduce a fine

  • Avoid a licence suspension

  • Or seek a non-conviction outcome, such as a Section 10 dismissal or Conditional Release Order (CRO)

When Can You Appeal a Speeding Penalty?

You can appeal in situations such as:

  • Receiving a notice of licence suspension from Transport for NSW

  • Being fined and penalised with demerit points you believe are unfair or incorrect

  • Facing a harsh consequence that affects your job, family, or wellbeing

How the Appeal Process Works

  1. File a Licence Appeal Form with the Local Court within 28 days of receiving the suspension or penalty notice.

  2. Attend court, where a magistrate will review the facts, including:

    • Your driving history

    • Reason for the offence (e.g. emergency, honest mistake)

    • Impact of the penalty on your life (e.g. work, health, family)

  3. Your criminal defence or traffic lawyer will present arguments and supporting evidence to seek a reduction or dismissal of the penalty.

Possible Outcomes

  • Appeal granted – your licence suspension is cancelled or shortened, or you are given a non-conviction order

  • Appeal dismissed – the penalty or suspension remains in place

The Possible
Defence Strategies

Possible defence strategies for speeding offences depend on the circumstances of the alleged offence and the available evidence. While speeding is typically a strict liability offence (meaning intent is not required), there are still defences and arguments that may lead to the charge being withdrawn, dismissed, or the penalty reduced. These may include:

Challenge to Accuracy of Speed Detection

  • Arguing that the speed detected by a radar or speed camera was inaccurate due to equipment malfunction, calibration errors, or operator misuse.

  • Requesting evidence that the device was properly tested and maintained in accordance with legal requirements.

Mistaken Identity

If the offence was detected by a camera, the registered owner of the vehicle may not have been the driver. You can nominate another driver if someone else was behind the wheel at the time.

Emergency or Necessity

If you were speeding due to a genuine emergency (e.g. medical crisis), a necessity defence may be available. You must show there was no reasonable alternative and your actions were proportionate.

Duress

If you were forced to speed due to threat of harm or coercion, the court may accept a duress defence.

Defective Notice or Procedure

A lawyer may identify issues such as a defective penalty notice, procedural errors, or lack of evidence to support the charge, which may result in the matter being withdrawn or dismissed.

No Speed Limit Signs or Poor Visibility

In some cases, if speed limit signage was not visible or missing, it may be possible to argue that you were unaware of the speed limit through no fault of your own.

At Sydney Defenders, we understand that even a simple speeding charge can have serious consequences—impacting your licence, employment, and insurance. Defending a speeding offence often requires a deep understanding of road transport law, evidentiary procedures, and Local Court advocacy. Our team has extensive experience in handling a wide range of traffic law matters with consistently successful outcomes. We carefully assess the circumstances of each case, identify any flaws in the evidence, and prepare strong, persuasive legal submissions to present to the court. Whether it’s challenging the accuracy of speed detection, raising a defence of necessity, or advocating for a lenient outcome due to personal hardship, Sydney Defenders is committed to securing the best possible result for your specific situation.