If you are driving a car or a motorbike and you are caught speeding by a speed camera, or by the police an infringement notice is issued on the spot by the police or be sent to the registered owner of the vehicle. The notice will provide you with details of the offence including photos.
The notice provides the vehicle driver with 28 days to pay the fine, or the driver can elect to go to court.
The penalty amount issued to a company is 5 times the amount for an individual because demerit points are not applied to organisations. However, an organisation can nominate an individual as the driver. The penalty amount will be reduced to the amount for an individual and demerit points will be allocated.
Exceed speed limit by:
Suspension period imposed by the RMS (RTA)
Not more than 10 km/h
More than 10 km/h but not more than 20 km/h
More than 20 km/h but not more than 30 km/h
More than 30 km/h but not more than 45 km/h
3 months (minimum)
More than 45 km/h (in school zone)
6 months (minimum)
In NSW there are two speed limits that drivers need to remember: driving above 45 km/hr and 30 km/hr. The Roads and Maritime Services (RMS) and the police are authorized to suspend the license of a driver who is found to be speeding in excess of 45 km/hr. Provisional drivers are required to maintain a speed of 30 km/hr but beyond that they can be charged with over speeding and their license suspended. The license suspension for driving in excess of the speed limit is three months for 30 km/hr and six months for 45 km/hr. However, there is a way to appeal the suspension.
Appealing your license suspension means that you will have to admit to speeding and the first step to this is to pay the fine. Then you will receive a Notice of Suspension from the RMS. The appeal period is 28 days from receipt of the RMS Notice of Suspension and 28 days from being ‘on the spot’ suspended by the police.
File an appeal by filling up an Appeal Form which you can get at the local court or its website. The Appeal Form must then be filed with the local court registry and filing fees paid. Your court date will be stamped on the form that you filed. In the meantime, prepare your character references. Make sure that your references state that you are a person of good moral character. These references are also intended to prove to the court that your license should not be suspended because of valid reasons.
You can provide references to the court stating reasons like you need your license for your employment, you live in an area where public transport is difficult, or you are somebody’s carer who is medically unfit to drive.
When your hearing arrives be ready to defend your appeal for license suspension. You may prepare a written statement or speak out in court when it is your turn. Answer questions courteously and respectfully explain to the magistrate why you need your license.
It is recommended that you seek legal advice before appearing for your court hearing. Hand over to the magistrate the original copy of your character references and also give another copy to the prosecutor.
After hearing you out, the magistrate will then decide whether to cancel completely the suspension, shorten it, lengthen it or affirm it. The decision of the magistrate is unappealable so if the decision is unfavourable you have no choice but to comply with the period of suspension.