By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.
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In Western Australia, driving at a reckless speed is an offence under the Road Traffic Act 1974. There are also various other offences relating to excessive speeding in WA. This page outlines the laws surrounding excessive speeding offences in WA, including penalties, licence disqualification periods, and the legal consequences drivers may face for speed-related violations.
The offence of driving at a reckless speed
Under section 60A of the Road Traffic Act 1974, it is an offence to drive at a speed of 155km/h or more on any length of road. It is also an offence to drive at more than 45km/h over the speed limit in a confiscation zone or on any length of road.
Definition of reckless speed
Reckless speed is defined as driving in a manner that demonstrates a complete disregard for public safety. This serious traffic offence carries significant penalties and can result in immediate licence suspension. The legislation recognises that driving at such extreme speeds poses an unacceptable risk to all road users and pedestrians.
Vehicle impoundment and confiscation
When charged with driving at a reckless speed, your vehicle may be immediately impounded by police. In some cases, particularly for repeat offenders or where aggravating circumstances exist, the court may order vehicle confiscation. This means the vehicle becomes property of the State and is permanently forfeited.
Aggravated offence
The offence of driving at a reckless speed is aggravated if the offender:
- Was unlawfully driving the vehicle without the consent of the owner;
- Was unlicensed or disqualified from driving;
- Was driving at 30km/h or more over the speed limit;
- Was driving to escape pursuit by police.
The penalties for this offence are set out in the table below.
Consequences of aggravated offences
Aggravated reckless driving offences carry substantially higher penalties than basic reckless speed charges. Courts treat these matters very seriously, often imposing the maximum penalties available. Aggravating factors can result in longer licence disqualification periods, higher fines, and in serious cases, terms of imprisonment up to 18 months for first-time offenders or up to 2 years for repeat offenders.
Other excessive speeding offences
The laws regarding speeding generally are set out in the Road Traffic Code 2000.
Regulation 17 of the Road Traffic Code sets out the penalties that apply to speeding offences in WA. These are set out in the table below.
Please note that larger fines apply to drivers of heavy vehicles.
Speed camera enforcement
Western Australia employs various speed detection methods including fixed speed cameras, mobile speed cameras, and point-to-point cameras. These enforcement tools operate across metropolitan and regional areas, with particular focus on high-risk locations and school zones. Speed camera penalties are automatically issued and carry the same legal weight as police-issued infringements.
School zone speeding
Special speed limits apply in school zones during designated times, typically 40km/h when children are present. Exceeding speed limits in school zones attracts double demerit points and increased penalties. These enhanced penalties reflect the heightened risk to vulnerable road users in areas where children are present.
Licence disqualification
When a person is disqualified from driving for a period of time, they must not drive until that period is over. If a person is caught driving while disqualified, they will be charged with an offence and may receive a term of imprisonment.
Disqualification periods for excessive speeding
Licence disqualification periods vary depending on the severity of the speeding offence. Minor speeding offences may result in demerit point accumulation, while excessive speeding can lead to immediate suspension periods ranging from one month to several years. The court considers factors such as driving history, the degree of speed excess, and any aggravating circumstances when determining disqualification periods.
Extraordinary driver's licences
An extraordinary driver's licence allows a person who has been disqualified from driving to drive in certain circumstances. It is granted by whichever court imposed the licence disqualification and is subject to strict conditions.
A person can apply for an extraordinary driver's licence if they are subject to a licence disqualification or suspension. The court may grant an emergency licence if the person shows that if they cannot drive:
- They or a family member will be unable to get urgent medical treatment for an existing disability, disease, or illness;
- The main source of income will be lost, causing undue financial burden on the person or their family;
- They or someone in their family will have no practicable means of transport to and from work.
Application process and conditions
Applications for extraordinary licences must be made to the Magistrates Court and include detailed evidence supporting the claim of exceptional hardship. If granted, these licences typically include strict conditions such as specific driving times, routes, and purposes. Breaching these conditions results in immediate cancellation and additional penalties.
Court proceedings and legal representation
Excessive speeding charges often require court appearances, particularly for reckless driving offences or where licence disqualification is likely. The prosecution must prove the offence beyond reasonable doubt, and defendants have the right to legal representation throughout proceedings.
Defending speeding charges
Several defences may be available for speeding charges, including challenging the accuracy of speed detection equipment, questioning the validity of speed limit signage, or arguing exceptional circumstances. Technical defences might involve examining calibration records of speed cameras or the training and certification of operating officers.
Sentencing considerations
When determining penalties for excessive speeding, courts consider various factors including driving record, the degree of speed excess, traffic conditions at the time, and any personal circumstances affecting the defendant. Early guilty pleas and demonstration of remorse may result in reduced penalties.
Impact on insurance and employment
Excessive speeding convictions can significantly impact motor vehicle insurance premiums and may affect employment prospects, particularly for positions requiring driving. Professional drivers, including those with commercial licences, face additional consequences as employers often have strict policies regarding traffic violations.
Professional licence implications
Holders of commercial driving licences face stricter standards and may lose their livelihood following serious speeding convictions. Industries such as transport, logistics, and emergency services often require clean driving records as a condition of employment, making legal representation crucial for protecting career prospects.
Frequently Asked Questions
What happens if I'm caught driving at 160km/h in Western Australia?
Driving at 160km/h constitutes reckless driving under section 60A of the Road Traffic Act 1974. You will face serious penalties including substantial fines, licence disqualification for a minimum period, and your vehicle may be impounded or confiscated. Court appearance is mandatory, and you may face imprisonment depending on circumstances and prior driving history.
Can I get an extraordinary licence if disqualified for excessive spe
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Frequently Asked Questions
What happens to my vehicle if I'm charged with driving at a reckless speed in WA?
Your vehicle will be immediately impounded by police when charged with driving at a reckless speed. In cases involving repeat offenders or aggravating circumstances, the court may order vehicle confiscation, meaning your vehicle becomes permanent property of the State and is completely forfeited. The impoundment occurs regardless of whether you own the vehicle or were driving without the owner's consent.
What speed constitutes a reckless driving offence under WA traffic law?
Under section 60A of the Road Traffic Act 1974 (WA), reckless speed occurs when driving 155km/h or more on any road, or exceeding the speed limit by more than 45km/h in confiscation zones or any road. This offence demonstrates complete disregard for public safety and carries immediate licence suspension plus significant penalties including potential vehicle confiscation.
How much does it cost to get legal advice for an excessive speeding charge in WA?
Go To Court Lawyers offers a fixed consultation fee of $295 to discuss your excessive speeding charge in Western Australia. During this consultation, an experienced traffic lawyer will review your case details, explain the potential penalties you face, assess possible defences, and provide strategic advice on how to achieve the best possible outcome for your specific circumstances.
How can a traffic lawyer help with my excessive speeding charge in WA?
A traffic lawyer can challenge the evidence against you, negotiate with prosecutors for reduced charges, present mitigating circumstances to minimise penalties, and explore defences like calibration issues with speed detection equipment. They can also help you apply for an extraordinary driver's licence to maintain driving privileges during disqualification periods, and represent you in court to achieve the best possible outcome.
How urgent is it to get legal help for an excessive speeding charge in WA?
It's extremely urgent to seek legal advice immediately after being charged with excessive speeding in WA. You typically have limited time to respond to charges and prepare your defence. Early legal intervention allows your lawyer to preserve crucial evidence, lodge necessary applications like extraordinary licence requests, and develop the strongest possible defence strategy before court deadlines expire.
Speak to a qualified local lawyer now — free 24/7 hotline, no obligation.