If you are caught speeding in excess of a specific kilometre range it is likely that you will be penalised by the law. This article will discuss excessive speeding over a 30 km per hour range.
As a driver if you are caught speeding in excess of 30 km per hour you will receive a fine and lose five demerit points. Unfortunately, most drivers are not aware that the Roads and Maritime Services (RMS) hold a discretion whether to suspend your licence for a period of three months or not. Such a determination is dependent upon what type of licence you hold as well as a decision by the police whether to suspend your licence immediately or not.
In the event that a learner or provisional licence holder commits the offence of being in excess of the speed limit by more than 30 km per hour the police have the power to issue the driver with an immediate licence suspension for a period of three months. This is provided for in the Road Transport Act 2013 Section 224 (1)(c)(ii) . The same section also provides that an immediate licence suspension notice may be given to a driver by a police officer under the following circumstances:
- If it appears to a police officer that the driver has committed an offence against this Act or the statutory rules
- Exceeding a speed limit prescribed under this Act by more than 30 km per hour but not more than 45 km per hour, as the holder of applicable learner licence or applicable provisional licence for the class of vehicle being driven
It must be noted that a driver is able to appeal an immediate licence suspension within twenty eight days of the date that the police suspension was imposed. In order to succeed in your appeal it is necessary to show the court that you have exceptional circumstances as to why you need your licence. However, it must be noted that exceptional circumstances are not met by only needing a licence for work rather there is need for additional compelling circumstances for the court to allow the appeal. Therefore, this necessitates the need for legal advice and representation with regards to any speeding offences NSW .
An additional issue that provisional licence holders face is with regards to receiving the five demerit points for exceeding the speed limit by 30 km per hour. The demerit points apply once the fine is paid and in most circumstances is applicable dependent on whether the driver is a P1 or P2 licence holder. The demerit point suspension will only come into effect on the completion of the 3-month police disqualification. However, this suspension can also be appealed to the Local Court.
It is important to realise that if you are charged with excess speeding you will have a criminal record if the Local Court convicts you of the offence. However, it must be noted that with the right legal representation it can be possible to receive a Section 10 where you are found guilty but are not convicted on condition of a good behaviour bond or the relevant charges are dismissed.