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.
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.
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.
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.
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.
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.
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.
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 only out of fear that a serious threat that another person is making will be carried out if they do not comply with the other person’s demands.
The defence of emergency
A person is not guilty of a criminal offence if they carried out the act in response to a sudden and extraordinary emergency. The defence of emergency will succeed if the accused reacted to the emergency in a way that an ordinary person with ordinary powers of self-control would have reacted. The accused’s behaviour is to be assessed base don how the situation appeared at the time and not with the benefit of hindsight.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.