Excessive Speeding in the ACT

In the ACT, there is no specific offence of excessive speeding. Rather, offences relating to speeding incur harsher penalties the faster the offender's vehicle was traveling. There are also offences relating to dangerous driving and reckless driving contained in the Road Transport (Safety and Traffic Management) Act 1999. This page outlines the laws surrounding excessive speeding in the ACT, including penalties and defences.

Understanding speeding laws in the Australian Capital Territory is crucial for all drivers, as penalties can range from minor fines to significant licence disqualifications. The ACT operates a tiered penalty system where the severity of consequences increases substantially with the speed over the limit. Whether you've received a speeding ticket through a speed camera, mobile radar, or police officer, knowing your rights and options is essential.

Speeding by more than 45km/h

The offence of speeding by more than 45 km/h in the ACT is punishable by six demerit points, as well as a fine and possible licence disqualification.

Serious Consequences for High-Range Speeding

Speeding by more than 45km/h is considered one of the most serious traffic violations in the ACT. This level of excessive speed significantly increases the risk of serious accidents and fatalities. Drivers caught at this speed range face immediate licence suspension and must appear in court rather than simply paying a fine. The court has discretionary powers to impose additional penalties, including extended disqualification periods and higher fines based on individual circumstances.

Court Appearance Requirements

Unlike lower-level speeding offences, drivers caught exceeding the speed limit by more than 45km/h cannot simply pay the fine and move on. A mandatory court appearance is required, where magistrates will consider factors such as driving history, the specific circumstances of the offence, and any mitigating factors before determining the appropriate penalty.

Speeding by 15km – 30km/h

The offence of speeding by between 15 and 30 km/h is punishable by four demerit points, as well as a fine and possible licence disqualification.

Mid-Range Speeding Penalties

This category represents a significant step up from minor speeding infractions. The four demerit points assigned to this offence can quickly accumulate toward the 12-point threshold that triggers licence suspension. Drivers in this range may face fines ranging from several hundred to over a thousand dollars, depending on the specific speed and location of the offence.

Impact on Professional Drivers

For professional drivers, taxi operators, and those who rely on their licence for employment, mid-range speeding offences can have serious career implications. The accumulation of demerit points may result in licence suspension, directly affecting their ability to earn income and maintain professional accreditation.

Speeding by up to 15km/h

The offence of speeding by up to 15 km/h is punishable by three demerit points, as well as a fine and possible licence disqualification.

Low-Range Speeding Considerations

While considered the least serious category of speeding offences, low-range speeding still carries significant penalties under ACT traffic laws. The three demerit points can contribute to licence suspension when combined with other traffic violations. Many drivers underestimate the cumulative effect of multiple minor speeding offences, which can result in unexpected licence disqualification.

School Zones and Special Speed Limits

The ACT imposes particularly strict enforcement in school zones and areas with reduced speed limits. Under the Road Transport (Safety and Traffic Management) Act 1999, penalties for speeding in these areas are often doubled. School zones typically operate with 40km/h limits during specified hours, and even minor speeding in these areas can result in substantial penalties.

Enhanced Penalties in High-Risk Areas

Construction zones, hospital precincts, and other designated high-risk areas carry enhanced penalties for speeding violations. The rationale behind these increased penalties is the elevated risk to vulnerable road users, including pedestrians, cyclists, and construction workers. Courts consistently impose harsher sentences for speeding in these designated areas.

Speed Detection Methods and Technology

The ACT employs various speed detection technologies, including fixed speed cameras, mobile speed cameras, and police radar devices. Each method has specific technical requirements and calibration standards that must be met for the evidence to be admissible in court. Understanding how these systems work can be crucial when considering whether to dispute a speeding infringement.

Camera Accuracy and Calibration

Speed cameras must undergo regular calibration and testing to ensure accuracy. Technical defences may be available if proper calibration procedures were not followed or if environmental factors affected the camera's accuracy. Weather conditions, vehicle positioning, and camera maintenance records can all be relevant factors in challenging speeding allegations.

Penalties for speeding

Under Regulation 20 of the Road Transport (Road Rules) Regulations 2017, a person who is guilty of speeding may be fined up to 20 penalty units.

Financial Consequences

The monetary penalties for speeding in the ACT are regularly updated and can be substantial. Beyond the immediate fine, drivers may face increased insurance premiums, loss of good driver discounts, and potential employment consequences. The long-term financial impact of a speeding conviction often exceeds the initial penalty amount.

Licence disqualifications

When a person has their licence disqualified for a period of time, they must not drive until the disqualification period is over. If a person is caught driving whilst disqualified, they will be charged with an offence and may receive a term of imprisonment.

Immediate and Automatic Suspensions

Certain speeding offences trigger immediate licence suspension upon detection. High-range speeding and repeat offences often result in on-the-spot licence confiscation by police officers. The ACT also operates an automatic suspension system when drivers accumulate 12 or more demerit points within a three-year period.

Fighting a speeding infringement in the ACT

If a person has received a traffic infringement in the ACT, they may lodge a notice to dispute liability within 28 days. The matter will then be referred to the ACT Magistrates Court, where the person can plead not guilty.

A person may be found not guilty of a speeding offence if:

• They were not the driver of the vehicle;
• The vehicle was not travelling at the alleged speed;
• They have a legal defence – for example, they were acting under duress or in response to an emergency.

Evidence Requirements

Successfully challenging a speeding infringement requires careful analysis of the evidence presented by police. This includes examining speed detection equipment calibration records, officer training and qualifications, weather and road conditions at the time of the alleged offence, and proper adherence to procedural requirements for issuing the infringement notice.

The defence of duress

A person is not guilty of a criminal offence if they carried out the act under duress. A person acts under duress if they do an act