Driving at a speed that surpasses the limit by more than 45 km/h is a serious offence with varying consequences depending on the type of vehicle you were operating (e.g. car or heavy vehicle) and whether the violation occurred in a school zone. This article provides an overview of the offence of exceeding the speed limit by over 45 km/h in New South Wales.
Exceeding the speed limit by more than 45 km/h comes with significant penalties and varies depending on your licence class.
Drivers of heavy vehicles or coaches will face higher fines, depending on the vehicle class (Class B or C) and if the vehicle is registered under a corporation.
License suspension resulting from exceeding the speed limit by more than 45 km/h can occur immediately or through a suspension notice, depending on how the offence was detected.
If you are pulled over by the police for exceeding the speed limit by over 45 km/h, you might receive an instant suspension notice lasting 6 months. This suspension takes effect from the issuance date and lasts for 6 months or until resolved in court.
Alternatively, if you receive a penalty notice through a camera-detected offence, your license can be suspended by Transport for NSW under these circumstances:
1. Full payment of the fine.
2. Partial payment of the fine.
3. Non-payment of the penalty within the specified time.
After suspending a license for exceeding the speed limit by over 45 km/h, Transport for NSW typically sends a suspension notice to the license holder, including details such as:
1. Start date of suspension.
2. Duration of suspension.
3. Any appeal rights available to the license holder.
The suspension usually begins at least 28 days after the notice date.
You have the right to appeal the Transport for NSW’s decision to suspend your license for exceeding the speed limit by over 45 km/h.
If you wish to contest the charge of exceeding the speed limit by over 45 km/h or aim for a potential penalty reduction, you have the option to have the case heard in court. This choice can be made before paying the issued fine or within 90 days from the date of the penalty notice.
However, it’s crucial to understand that opting for a court resolution means the traffic offence will be addressed within the criminal jurisdiction of a court. You will need to enter a plea of guilty or not guilty. Any conviction resulting from this court process will be recorded on your traffic record.
It’s worth noting that demerit points won’t apply if the case of exceeding the speed limit by over 45 km/h is taken to court through this election and a non-conviction order is issued, in accordance with the Crimes (Sentencing Procedure) Act.
People often choose court elections to avoid a conviction, particularly to prevent license suspension. A recorded conviction could lead to exceeding demerit point limits or violating a good behavior license. However, it’s important to use caution when selecting court proceedings solely to evade demerit point penalties. Courts may view non-conviction orders pursued solely to bypass other legislative provisions, like the demerit point system, as inappropriate.
For expert legal advice or representation, please contact KPT Defence Lawyers.
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