Excessive Speeding in New South Wales

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.

In New South Wales, there is no specific offence known as excessive speeding. Speeding offences are governed by the Traffic Act 1909, which sets out the different penalties that apply to speeding under different circumstances. This page deals with speeding and excessive speeding in New South Wales, including the various penalties, demerit points, and legal consequences that drivers may face.

The NSW traffic law system operates on a tiered penalty structure, where the severity of punishment increases based on how much a driver exceeds the posted speed limit. Understanding these thresholds is crucial for all drivers, as even minor speeding infractions can result in significant penalties and long-term consequences for your driving record.

Speeding

Under section 4A of the Traffic Act 1909, a person who exceeds the speed limit on a road or road-related area is liable to a fine of up to 20 penalty units.

Minor Speeding Offences

For minor speeding infractions (typically under 10km/h over the limit), drivers will usually receive a penalty notice rather than appearing in court. These offences are processed through the State Debt Recovery Office and can be paid online or contested through the appropriate channels. The exact fine amount varies depending on the specific speed exceeded and the location of the offence.

School Zone Speeding

Speeding in school zones carries additional penalties and is treated more seriously by NSW courts. School zones typically operate during specific hours on school days, and drivers caught speeding in these areas face doubled penalties compared to regular speeding fines. The increased penalties reflect the heightened risk to children and the community's expectation of safer driving in these areas.

Speeding by more than 45km/h

A person who exceeds the speed limit on a road or road-related area by more than 45km/h is liable to a fine of up to 20 penalty units (or 30 penalty units for a heavy motor vehicle).

This category represents the most serious form of speeding offence in NSW and is often referred to colloquially as "excessive speeding." Drivers caught at this speed differential face the most severe penalties available under NSW traffic law, including substantial fines and automatic licence disqualification periods. The court has discretion to impose additional penalties, including community service orders in extreme cases.

Heavy Vehicle Penalties

Heavy motor vehicle operators face increased penalties when speeding by more than 45km/h, reflecting the additional danger posed by larger vehicles travelling at excessive speeds. The 30 penalty unit maximum fine acknowledges that commercial drivers should maintain higher standards of road safety due to their professional obligations and the potential for catastrophic accidents involving heavy vehicles.

Speeding by between 30 and 45km/h

A person who exceeds the speed limit on a road or road-related area by between 30 and 45 km/h is liable to a fine of up to 20 penalty units as well as disqualification from driving for a period of at least one month.

This speed range represents a critical threshold in NSW traffic law where automatic licence disqualification becomes mandatory. Courts cannot waive this disqualification period, making it essential for drivers to understand the serious consequences of reaching this level of speeding. The combination of financial penalties and loss of driving privileges often creates significant hardship for offenders.

Court Appearance Requirements

Speeding offences in this category typically require a mandatory court appearance rather than simple penalty notice payment. This allows magistrates to consider individual circumstances while still applying the mandatory minimum penalties. Drivers may benefit from legal representation to ensure their case is presented effectively and to explore any available mitigation options.

Demerit Points

A person who is found guilty of speeding in New South Wales will also incur demerit points. The number of points depends on the offence and the type of licence they hold. The demerit points that are accrued for speeding offences in New South Wales are set out in the table below.

Demerit Point Thresholds

Different licence holders have varying demerit point limits before facing suspension. Full licence holders can accumulate 13 points within a three-year period, while provisional P2 licence holders are limited to 7 points, and P1 licence holders face suspension after just 4 points. Learner drivers have a zero-point tolerance, meaning any demerit point offence results in immediate licence suspension.

Double Demerit Points

During certain holiday periods, NSW operates a double demerit point system where speeding offences attract twice the normal point penalty. These periods typically include major holiday weekends such as Christmas, New Year, Easter, and long weekends. The double demerit system aims to improve road safety during high-risk travel periods when traffic volumes and accident rates traditionally increase.

Speed Camera and Detection Methods

Fixed Speed Cameras

NSW operates an extensive network of fixed speed cameras located at high-risk locations throughout the state. These cameras operate 24/7 and are regularly relocated to maintain their effectiveness as a deterrent. Revenue from speed camera fines is directed toward road safety initiatives and trauma prevention programs.

Mobile Speed Detection

Police officers conduct mobile speed detection using radar, lidar, and other approved devices. Mobile detection can occur at any location and time, making it impossible for drivers to predict where enforcement will take place. This unpredictability is designed to encourage consistent compliance with speed limits across the entire road network.

Licence Disqualifications

A person who has their licence disqualified for a period must not drive until that period of time has ended. A person who is caught driving while disqualified will be charged with an offence and may receive a term of imprisonment.

Automatic vs Discretionary Disqualification

Certain speeding offences carry automatic disqualification periods that courts cannot waive, while others allow judicial discretion in determining appropriate penalties. Understanding which category applies to your offence is crucial for preparing an effective legal strategy and managing expectations about potential outcomes.

Removing a Licence Disqualification

Under the Road Transport Act 2013, an eligible person may apply to the Local Court to have a licence disqualification removed. A person who is disqualified from driving for a speeding offence is eligible to apply to have the disqualification removed if they have not been found guilty of a driving offence in the last four years.

However, a person is not eligible to apply to have their disqualification period removed if the speeding offence involved a police pursuit, predatory driving, intentional menacing driving, an offence involving death or failing to stop after an accident.

A person applies to have a licence disqualification removed by completing a Driving record application for disqualification removal order and filing it with the Local Court together with their driving record and the details of any pending traffic matters they