Excessive Speeding in New South Wales
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.
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.
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).
Speeding by between 30 and 40km/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.
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.
| Offence | Demerit points |
|---|---|
| Speeding by less than 10km/h on a full licence | 2 |
| Speeding by less than 10km/h on a learner's or provisional licence | 5 |
| Speeding by more than 10km/h and less than 20kn/h on a full licence | 4 |
| Speeding by more than 10km/h and less than 20km/h on a learner's or provisional licence | 5 |
| Speeding by more than 20km/h and less than 30km/h | 5 |
| Speeding by more than 30km/h and less than 45km/h | 6 |
| Speeding by more than 45km/h | 7 |
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.
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 have before the court.
The court will then allocate a date for the application to be heard. On that date, a magistrate will decide whether it is appropriate to remove the disqualification. They will take into account a ragne of factors including the person’s driving record, the safety of the public, the person’s conduct after their disqualification and the availability of other forms of transport to them.
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