Do you have a question about criminal law offences?

IT IS FREE TO ASK
OR
SELECT Y0UR STATE
OR
SELECT Y0UR STATE

Criminal Law Blog VIC

Speeding is a minor traffic offense that carries with it stiff penalties because what is penalized, essentially, is the risk of crashing.

For this reason, the greater the speed a motorist drives in excess of the speed limit, the higher the penalty. The fines are meted by the police when a motorist is caught speeding.

The penalty or infringement notice will be sent through mail and the motorist has 28 days within which to object to the penalty and for this the motorist has to appear in court. This is consistent across all five states of New South Wales, Victoria, Queensland, Western Australia and South Australia.

In NSW, exceeding the speed limit up to 10 km/h will be fined $105, in a school zone, the fine is $173 if you hold a learner, provisional, probationary or full license. The fine is $243 if the motorist exceeds the speed limit by more than 10 but less than 20 km/h; and in a school zone, the penalty will be $313. Speeding beyond 20 but less than 30 km/h of the speed limit will be fined $417; and in a school zone, the fine would be $521. Speeding beyond 30 but less than 45 km/h will be fined $799; and in a school zone, the fine will be $1008. Speeds in excess of 45 km/h will be fined $2154 and in a school zone, the fine will be $2296.

In Queensland, when the motorist exceeds the speed limit for up to 13 km/h he is fined $146. When the motorist exceeds the speed limit by 13 or more but less than 20 km/h, the fine is $220. When the excess speed is greater than 20 but less than 30 km/h, the fine is $366. When the excess speed is greater than 30 but less than 40 km/h, the fine is $513. Going in excess of 40 km/h beyond the speed limit will be fined $1026. The fines are higher if the motorist is caught speeding a second or subsequent time within 12 months from the first offense.

In Victoria, when the motorist exceeds the speed limit by 1-9 km/h he will be fined $176.05. If he exceeds the speed limit by 10-14 km/h he is fined $281.68. If he exceeds the speed limit by 15-24 km/h he is fined $281.86. If he exceeds the speed limit by 25-29 km/h he is fined $387.31. If he exceeds the speed limit 30-34 km/h the fine is $457.73. If the excess speed is 35-39 km/h, the fine is $528.15. If the excess speed is 40-44 km/h the fine is $598.57. If the excess speed is greater than 45 km/h the fine is $704.20.

In Western Australia, the fines are fixed by penalty unit. Each penalty unit corresponds to $50. Exceeding the speed limit by less than 9 km/h is fined with 1.5 penalty units equivalent to $72.50. Exceeding the speed limit by 9-19 km/h will be fined with 3 penalty units equivalent to $150. Exceeding the speed limit by 20-29 km/h will be fined 6 penalty units equivalent to $300. Exceeding the speed limit by 30-40 km/h will be fined 14 penalty units equivalent to $700.

In South Australia, fines are called expiation fees. Exceeding the speed limit by less than 10 km/h will be fined $150. Exceeding the speed limit by 10-19 km/h will be fined $330. Exceeding the speed limit by 20-29 km/h will be fined $670. Exceeding the speed limit by 30-44 km/h will be fined $800. Exceeding the speed limit by 45 km/h and beyond will be fined $900.

If you or your loved one receives a notice of penalty, expiation or infringement by mail, it is wise to consult a lawyer especially if the driver who actually committed the speeding violation is not the registered owner of the car. Under the law, the penalty will be directed against the registered owner of the car as the speed camera will only note the license plate of the car, not the license of the driver actually committing the speeding violation.

It might do well to object to the penalty and have the police prove the identity of the driver so that it will be the licence of the driver who actually committed the speeding violation that will be suspended and earn the demerit points; and it will be the driver who actually committed the speeding violation who will be disqualified from driving.

Speeding across the five states carries penalties of disqualification from driving, suspension of the license and/or demerit points aside from the fine. There is a risk in some states, however, that the penalty determined in court will be higher in case the objection is not successful. Contact a competent lawyer today.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

Ask a Question - It Is Free