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Speeding

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One of the most common offences committed by persons in the community is Speeding. It is also an offence that can have a major impact upon a person’s daily life given the demerit points, fines and possible licence disqualification that can attach. I have set out below a few of the main provisions that apply to speeding offences. However, it is worth noting that under the Road Rules 2014 (‘the Rules’) define offences as offences of strict liability as per the Commonwealth Criminal Code 1995 (previously, there had been some debate as to whether speeding offences were offences of strict liability or of absolute liability).  
 
If a person is caught driving over 30 kph (for a provisional driver) or over 45 kph – police may issue an immediate licence suspension (s224 of the Road Transport Act 2013 – ‘the Act’). If the penalty notice for an over 30 kph or over 45 kph is paid or not paid (without a court election) the Roads and Maritime Serives (RMS) will suspend the person’s licence (s59 the Act).  If a driver reaches the threshold (as defined) number of demerit points the RMS will suspend their licence (s33 of the Act). However, a full licence holder can elect to go on a good behaviour licence for 12 months with 2 demerit points (s36 of the Act). Once a person has accrued the threshold number of points there is no appeal for a person to be able to retain their licence – the suspension happens by operation of law unless the person elects for a good behaviour licence. There is no such thing as a conditional licence or a licence to go from home to work and back – a person is either licenced or not. A provisional licence holder does not have an option for a good behavour licence however, they can appeal to the Local Court against the RMS decision to suspend their licence (possibly due to the limited number of points). Some of the common demerit points and fines for a car or light vehicle are as per the table below:
 

Light vehicle speeding offences

ROAD RULES 2014 – REG 10-1

NSW rule: determination of criminal responsibility

 (1) Application of Commonwealth Criminal Code Subject to this rule, Chapter 2 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth (the

“Commonwealth Criminal Code” ) applies to an offence against these Rules as if the Chapter were in force as a law of New South Wales.

Note : Chapter 2 of the Commonwealth Criminal Code codifies the general principles of criminal responsibility.

 (2) Offences are strict liability offences An offence against these Rules is a strict liability offence for the purposes of Chapter 2 of the Commonwealth Criminal Code (as applied by subrule (1)), except where these Rules expressly provide otherwise.

 (3) General defence of accident or reasonable effort Without limiting any defence under Chapter 2 of the Commonwealth Criminal Code (as applied by subrule (1)), a person is not liable to a penalty for any offence under these Rules if the person proves to the satisfaction of the court dealing with the case that the offence:

(a) was the result of an accident, or

(b) could not have been avoided by any reasonable efforts on the person’s part.

(4) Operation of Crimes (Sentencing Procedure) Act 1999 not affected Nothing in these Rules affects the application of the Crimes (Sentencing Procedure) Act 1999 in relation to these Rules (particularly, Divisions 4 and 5 of Part 2 of that Act).

Note 1 : Divisions 4 and 5 of Part 2 of the Crimes (Sentencing Procedure) Act 1999 contain provisions relating to how offence provisions are to be interpreted. For instance, section 17 of that Act defines the amount of a penalty unit. Similarly, section 18 of that Act sets out rules for interpreting provisions in legislation that impose penalties.

Note 2 : This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules . However, it is intended that each Australian jurisdiction that adopts the Australian Road Rules is to apply the provisions of the Commonwealth Criminal Code to offences against the uniform rules.

ROAD RULES 2014 – REG 10-2

NSW rule: penalties and disqualifications for speeding offences

(1) Definitions In this rule:

“heavy motor vehicle” means:

(a) a motor vehicle with a GVM over 12 tonnes, or

(b) a motor vehicle and trailer combination with a GCM over 12 tonnes.

 “large motor vehicle” means:

(a) a coach, or

(b) a motor vehicle with a GVM over 4.5 tonnes, or

(c) a motor vehicle and trailer combination with a GCM over 4.5 tonnes.

 “speed limit” , in relation to a speeding offence, means the speed limit that was contravened in committing the offence.

 “speeding offence” means an offence under Part 3 (Speed limits).

Note :

“Motor vehicle” ,

“combination” and

“trailer” are defined in the Dictionary, and

“coach” ,

“GCM” and

“GVM” are defined in the Act.

 (2) Penalties and disqualifications for speeding offence A driver who commits a speeding offence in any of the circumstances referred to in subrule (3), (5) or (6) is:

(a) liable to the maximum penalty specified in this rule for an offence committed in those circumstances, and

(b) disqualified from holding a driver licence for the period specified in this rule for an offence committed in those circumstances.

Note :

“Driver licence” is defined in the Act.

(3) Exceeding speed limit by more than 45 kilometres per hour A driver who commits a speeding offence by exceeding a speed limit by more than 45 kilometres per hour:

(a) is liable to a maximum penalty of 34 penalty units (in the case of a heavy motor vehicle or coach) or 23 penalty units (in any other case), and

(b) is disqualified from holding a driver licence by a conviction for the offence (and without any specific order) for 6 months or, if the court on the conviction thinks fit to order a different period of disqualification determined in accordance with subrule (4), is disqualified for the period specified in the order.

Note :

“Coach” is defined in the Act.

(4) Court-ordered disqualification periods under subrule (3) In determining a different period of disqualification under subrule (3) for a driver who commits a speeding offence, the court may specify a period that is:

(a) more than 6 months, or

(b) less than 6 months, but only if:

(i) the person’s driver licence or authority to drive in New South Wales has been suspended for a period (

“the suspension period” ) under Division 4 of Part 7.4 of the Act for that offence, and

(ii) the specified disqualification period when added to the suspension period results in a total period of no less than 6 months.

(5) Exceeding speed limit by more than 30 kilometres per hour A driver who commits a speeding offence by exceeding a speed limit by more than 30 kilometres per hour:

(a) is liable to a maximum penalty of 20 penalty units, and

(b) is disqualified from holding a driver licence by a conviction for the offence (and without any specific order) for 3 months or, if the court on the conviction thinks fit to order a longer period of disqualification, is disqualified for the period specified in the order.

(6) Exceeding speed limit on road by 30 kilometres per hour or less A driver who commits a speeding offence by exceeding a speed limit by 30 kilometres per hour or less is liable to a maximum penalty of 20 penalty units.

(7) Alternative verdicts in prosecutions for speeding by more than 45 kilometres per hour If a driver is prosecuted under subrule (3) for a speeding offence in circumstances where the court:

(a) is satisfied that the person exceeded the relevant speed limit, but

(b) is not satisfied that it was exceeded by more than 45 kilometres per hour,

the court may instead convict the driver of an offence in accordance with subrule (5) if satisfied that the speed limit was exceeded by more than 30 kilometres per hour, or in accordance with subrule (6) if satisfied that the speed limit was exceeded by 30 kilometres per hour or less.

(8) Alternative verdicts in prosecutions for speeding by more than 30 kilometres per hour If a driver is prosecuted under subrule (5) for a speeding offence in circumstances where the court:

(a) is satisfied that the person exceeded the relevant speed limit, but

(b) is not satisfied that the speed limit was exceeded by more than 30 kilometres per hour,

the court may instead convict the driver of an offence in accordance with subrule (6).

(9) Disqualification period commences on date of conviction A period of disqualification imposed by or under this rule commences on the date of conviction for the offence to which it relates.

Note : This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules . However, the Australian Road Rules allow another law of this jurisdiction to make provision for penalties.

ROAD RULES 2014 – REG 20

Obeying the speed limit

A driver must not drive at a speed over the speed limit applying to the driver for the length of road where the driver is driving.

Penalty and disqualification: a driver who contravenes this rule is guilty of an offence and is liable to a maximum penalty and a period of disqualification (if any) determined in accordance with rule 10-2.

The rules about speed limits are as follows:

• rule 21-speed limit where a speed limit sign applies

• rule 21-1-NSW rule: school bus stop zone sign is speed limit sign

• rule 22-speed limit in a speed limited area

• rule 23-speed limit in a school zone

• rule 24-speed limit in a shared zone

• rule 24-1-NSW rule: speed limits for learner and provisional licence holders

• rule 24-2-NSW rule: speed limit on Lord Howe Island

• rule 24-3-NSW rule: speed limit when bus displaying when lights flash speed limit sign

• rule 24-4-NSW rule: speed limits for small motor bikes during periods of darkness

• rule 25-speed limit elsewhere.

Note 2 :

“Road” includes a road related area-see rule 11 (2).

Note 3 :

“Length” of road includes a marked lane, a part of a marked lane, or another part of a length of road-see the definition in the Dictionary.

Note 4 : Part 20, Division 2 deals with the way in which a traffic sign applies to a length of road. Part 20, Division 3 deals with the way in which the traffic sign applies to drivers driving on the length of road.

Note 5 : Division 3 of Part 5.3 of the Act provides that a person bringing proceedings or issuing a penalty notice in which it is alleged that the driver of a heavy vehicle committed a speeding offence may rely on the average speed at which the vehicle travelled between different points on a road as evidence of the offence.

If there is more than one speed limit applicable to the driver between the different points, Division 3 of Part 5.3 of the Act provides that for the purposes of such proceedings the speed limit that applied to the driver between those points is taken to be the average speed limit calculated in accordance with that Division.

ROAD RULES 2014 – REG 24-1

NSW rule: speed limits for learner and provisional licence holders

(1) Speed limit applying to learner drivers The speed limit applying for any length of road to a driver who is the holder of a learner licence issued in New South Wales is 90 kilometres per hour, unless another lesser speed limit applies to the driver for the length of road under another rule of this Part.

Note :

“Length” of road is defined in the Dictionary, and

“learner licence” is defined in the Act.

(2) Speed limit applying to P1 provisional drivers The speed limit applying for any length of road to a driver who is the holder of a provisional P1 licence is 90 kilometres per hour, unless another lesser speed limit applies to the driver for the length of road under another rule of this Part.

Note :

“Provisional P1 licence” is defined in the Dictionary.

(3) Speed limit applying to P2 provisional drivers The speed limit applying for any length of road to a driver who is the holder of a provisional P2 licence is 100 kilometres per hour, unless another lesser speed limit applies to the driver for the length of road under another rule of this Part.

Note :

“Provisional P2 licence” is defined in the Dictionary.

(4) Rule applies despite greater speed limits This rule has effect despite any other rule in this Part that specifies a speed limit applying to a driver for a length of road that is greater than the speed limit applying to the driver under this rule.

Note : This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules .

 

ROAD TRANSPORT ACT 2013 – SECT 40

Suspension or cancellation of licence

(1) The Authority may give a notice of licence suspension or cancellation to the holder of a learner licence or a provisional licence who incurs the threshold number of demerit points within the 3-year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person.

(2) A notice of licence suspension must specify the date on which the suspension is to take effect and any driver licence to which the notice applies, and must contain any other matters specified by the statutory rules. The date specified must not be earlier than 28 days after the notice is given.

(3) If a person is served with a notice of licence suspension under this section, all driver licences held by the person in relation to which the threshold number of demerit points is the same or lower than the number of demerit points taken into account for the purposes of the notice, are suspended on and from the date, and for the period, specified in the notice.

(4) On the commencement of a period of suspension, all demerit points recorded in the NSW demerit points register against the person at the date of the notice, and taken into account for the purpose of the notice, are taken to be deleted.

(5) Nothing in subsection (4) prevents the Authority from retaining records of deleted demerit points incurred by any person.

(6) The statutory rules may make provision for or with respect to the following matters:

(a) notices of cancellation to holders of learner licences or provisional licences who incur the threshold number of demerit points,

(b) the circumstances in which the Authority may issue a notice of cancellation to holders of learner licences or provisional licences who incur the threshold number of demerit points,

(c) prescribing the driver licences held by a person that may be cancelled as a consequence of incurring demerit points the subject of a notice of cancellation served on the person,

(d) the deletion of demerit points recorded in the NSW demerit points register against a person on cancellation of the person’s licence.

 

ROAD TRANSPORT ACT 2013 – SECT 59

Cancellation or suspension of driver licence for certain speeding offences

(1) A driver licence may be cancelled or suspended by the Authority because of an alleged speeding offence, if, in respect of the alleged offence:

(a) the holder pays the whole or any part of the penalty specified in a penalty notice issued to the holder in respect of the offence, or

(b) the holder has not paid the penalty specified in the penalty notice issued to the holder in respect of the offence and has not elected to have the matter dealt with by a court, and the time for the holder to have the matter so dealt with has lapsed.

(2) The Authority may decide to cancel or suspend a driver licence under this section without the holder having been provided an opportunity to show cause why the licence should not be cancelled or suspended.

(3) If a person’s driver licence is cancelled by the Authority under this section, the Authority may refuse to issue the person with any further licence for a period determined by the Authority and specified in a notice served on the person by the Authority.

(4) If a person’s driver licence is suspended by the Authority under this section, the person’s licence is suspended for such period as may be determined by the Authority and specified in a notice served on the person by the Authority.

(5) Nothing in this section limits any discretion of the Authority to decline to issue a driver licence to a person.

(6) In this section:

“speeding offence” means an offence that involves exceeding a speed limit fixed by or under this Act and that is prescribed by the statutory rules for the purposes of this section.

 

ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2008 – REG 60

(1) For the purposes of section 32 (1) (a) of the Act, the national schedule of demerit points comprises the offences set out in Columns 1 and 2 of Schedule 1, and the points specified in relation to each offence set out in Column 3 of Schedule 1.

(2) For the purposes of section 32 (1) (b) of the Act, the offences set out in Columns 1 and 2 of Schedule 2, and the points specified in relation to each offence set out in Column 3 of Schedule 2, are prescribed.

(3) Despite subclauses (1) and (2), the number of demerit points to be allocated to an offence committed over a long weekend (other than an offence of another jurisdiction) is the number of points specified in Column 4 of Schedule 1 or 2, as the case may be, in respect of the offence.

(4) Despite subclauses (1) and (2), the number of demerit points to be allocated to an offence referred to in either of those subclauses (being an offence under a law of another jurisdiction) committed over a long weekend is a number determined by the Authority (not being a number higher than the number applying under subclause (3) to the New South Wales offence with which the Authority has determined it corresponds).

(5) In this clause:

“long weekend” means a period of consecutive days consisting of:

(a) a Saturday and Sunday (the

“weekend” ), and

(b) one or more days that have been declared to be public holidays (or part of which have been declared to be public holidays) throughout the State and that are any of the following:

(i) the Thursday or Friday immediately before the weekend,

(ii) the Monday or Tuesday immediately after the weekend, and

(c) if the Thursday (but not the Friday) immediately before the weekend is such a public holiday-the Friday, and

(d) if the Tuesday (but not the Monday) immediately after the weekend is such a public holiday-the Monday.

“over a long weekend” means during:

(a) the period commencing on the day immediately before the first day of a long weekend and ending with the last day of a long weekend (inclusive), or

(b) the following periods in a year:

(i) if December 25 is a Monday-22 December until 1 January the following year (inclusive),

(ii) if December 25 is a Tuesday-21 December until 1 January the following year (inclusive),

(iii) if December 25 is a Wednesday-20 December until 1 January the following year (inclusive),

(iv) if December 25 is a Thursday-24 December until 4 January the following year (inclusive),

(v) if December 25 is a Friday-24 December until 3 January the following year (inclusive),

(vi) if December 25 is a Saturday-24 December until 3 January the following year (inclusive),

(vii) if December 25 is a Sunday-23 December until 2 January the following year (inclusive).

 

ROAD TRANSPORT ACT 2013 – SECT 26

 Offences in the statutory rules and certificate evidence

 (1) Subject to subsection (2), the statutory rules may create offences (including by making provision for or with respect to defences for such offences and who bears the onus of proof in respect of such defences).

(2) Offences created by the statutory rules may be made punishable by a penalty not exceeding 34 penalty units.

(3) In addition to a penalty referred to in subsection (2), the statutory rules may provide for a person who is convicted of an offence against this Act or the statutory rules:

(a) to be automatically disqualified by virtue of the conviction from holding a driver licence for a period not exceeding 6 months, or

(b) to be disqualified by order of the court that convicts the person of the offence from holding a driver licence for such period as the court thinks fit (whether for a period that is shorter or longer than a period of automatic disqualification referred to in paragraph (a)).

(4) The statutory rules may provide for a person who is prosecuted for an aggravated form of an offence against the statutory rules to be convicted by a court of a lesser offence if the court is not satisfied that the elements of the aggravated offence have been proven, but is satisfied that the elements of the lesser offence have been proven.

(5) The statutory rules may provide for a document that is signed or purports to be signed by or on behalf of the Authority or other specified person in respect of a speed limit applying to a road that certifies any matter specified by the statutory rules concerning the speed limit (or the operation of any device by means of which the speed limit is imposed) to be admissible and prima facie evidence of that matter in proceedings before a court or tribunal.

 

ROAD TRANSPORT ACT 2013 – SECT 224

When immediate licence suspension notice may be issued by police officer

(1) A police officer may give a driver a suspension notice (an

“immediate licence suspension notice” ) in any of the following circumstances:

(a) if the driver is charged by a police officer (whether or not the same police officer) with an offence involving the death of, or grievous bodily harm to, another person caused by the use of a motor vehicle, being an offence that comprises:

(i) the crime of murder or manslaughter, or

(ii) an offence against section 33, 35 (2), 52A or 54 of the Crimes Act 1900 ,

(b) if the driver is charged by the police officer or another police officer with offence against section 110 (4) or (5), 115 or 116 (2) or clause 16 (1) (b), 17 (1) (a1) or (2) or 18 (1) (a), (b) or (e) of Schedule 3,

(c) if it appears to a police officer (whether or not the same police officer) that the driver has committed an offence against this Act or the statutory rules (other than a camera recorded offence within the meaning of Division 2 of Part 7.3) of:

(i) exceeding a speed limit prescribed under this Act by more than 45 kilometres per hour, or

(ii) exceeding a speed limit prescribed under this Act by more than 30 kilometres per hour but not more than 45 kilometres per hour, as the holder of an applicable learner licence or applicable provisional licence for the class of vehicle being driven,

(d) if it appears to a police officer (whether or not the same police officer) that the driver has committed an offence against the statutory rules of being the holder of an applicable learner licence driving unaccompanied by a supervising driver.

(2) An immediate licence suspension notice may be given to a driver at any time within 48 hours of:

(a) the driver being served with a penalty notice for the offence concerned, or

(b) the driver being charged with the offence concerned.

(3) An immediate licence suspension notice for the purposes of this section is a notice in a form approved by the Authority that informs that driver of the following:

(a) the relevant suspension information for the driver concerned that is referred to in subsection (4),

(b) the driver’s right of appeal under Part 7.8.

(4) The “relevant suspension information” for an immediate licence suspension notice for a driver is as follows:

(a) if the driver holds a driver licence issued in this jurisdiction and is charged with an offence referred to in subsection (1) (a), (b), (c) or (d)-a statement to the effect that any driver licence held by the driver is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until the charge is heard and determined by a court (or until the charge is withdrawn),

(b) if the driver is an authorised visiting driver and is charged with an offence referred to in subsection (1) (a), (b), (c) or (d)-a statement to the effect that the driver’s authority to drive in this jurisdiction is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until the charge is heard and determined by a court (or until the charge is withdrawn),

(c) if the driver holds a driver licence issued in this jurisdiction and is served with a penalty notice for an offence referred to in subsection (1) (c) or (d)-a statement to the effect that any driver licence held by the person is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until whichever of the following happens first:

(i) a period of 6 months (in the case of an offence referred to in subsection (1) (c) (i)) or 3 months (in the case of an offence referred to in subsection (1) (c) (ii) or (d)) elapses after the date on which the offence is alleged to have been committed,

(ii) if the driver elects to have the matter determined by a court in accordance with Part 3 of the Fines Act 1996 -the matter is heard and determined by a court or a decision is made not to take or continue proceedings against the person,

(iii) a decision is made not to enforce the penalty notice,

(d) if the driver is an authorised visiting driver and is served with a penalty notice for an offence referred to in subsection (1) (c) or (d)-a statement to the effect that the driver’s authority to drive in this jurisdiction is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until whichever of the following happens first:

(i) a period of 6 months (in the case of an offence referred to in subsection (1) (c) (i)) or 3 months (in the case of an offence referred to in subsection (1) (c) (ii) or (d)) elapses after the date on which the offence is alleged to have been committed,

(ii) if the driver elects to have the matter determined by a court in accordance with Part 3 of the Fines Act 1996 -the matter is heard and determined by a court or a decision is made not to take or continue proceedings against the person,

(iii) a decision is made not to enforce the penalty notice.

(5) Particulars of each immediate licence suspension notice given under this section are to be forwarded to the Authority immediately after the notice is given.

(6) For the purposes of this section:

(a) a person is charged with an offence when particulars of the offence are notified in writing to the person by a police officer, and

(b) a charge is withdrawn when the person charged is notified in writing of that fact by a police officer or when it is withdrawn before the court, and

(c) a charge is determined by a court when the offence is proved or the court attendance notice is dismissed, and

(d) a decision is made not to take or continue proceedings against a person when the person is notified in writing of that fact by a police officer or the proceedings are discharged by the court, and

(e) a decision is made not to enforce a penalty notice in relation to a person when the person is notified in writing of that fact by:

(i) a police officer, or

(ii) an appropriate officer for the penalty notice within the meaning of Part 3 of the Fines Act 1996 , or

(iii) the Commissioner of Fines Administration.

 

 

Demerit Points:

 Of relevance to this article is the National Schedule of demerit points as per Schedule 1 of the Road Transport (Driver Licensing) Regulations 2008 where the demerit points are inter alia:

 For Rule 20 offences where it is a class A motor vehicle not in a school zone, or class B or class C motor vehicle not in a school zone (and no evidence of average speed between points) and not an offence where there is an applicable speed zone as per rule 24-1, 24-2, 24-3, or 24-4 then the demerit points are as follows:

 

  1. where the speed limit is exceeded by more than 45 kph – 6 points
  2. where the speed limit is exceeded by more than 30 kph but less than 45 kph – 5 points
  3. where the speed limit is exceeded by more than 20 kph but less than 30 kph – 4 points
  4. where the speed limit is exceeded by more than 10 kph but less than 20 kph (not by a holder of a learner licence, provisional P1 licence or provisional P2 licence) – 3 points
  5. where the speed limit is exceeded by more than 10 kph but less than 20 kph for the holder of a learner licence, provisional P1 licence or provisional P2 licence – 4 points
  6. where the speed limit is exceeded by not more than 10 kph (not by a holder of a learner licence, provisional P1 licence or provisional P2 licence) – 1 point
  7. where the speed limit is exceeded by not more than 10 kph for the holder of a learner licence, provisional P1 licence or provisional P2 licence – 4 points

 For an above offence committed over a Long weekend the abovementioned demerit points are doubled.

 For Rule 20 offences where it is a class A motor vehicle in a school zone, or class B or class C motor vehicle in a school zone (or where evidence of average speed between points is used) and not an offence where there is an applicable speed zone as per rule 24-1, 24-2, 24-3, or 24-4 then the demerit points are as follows:

 

  1. where the speed limit is exceeded by more than 45 kph – 7 points
  2. where the speed limit is exceeded by more than 30 kph but less than 45 kph – 6 points
  3. where the speed limit is exceeded by more than 20 kph but less than 30 kph – 5 points
  4. where the speed limit is exceeded by more than 10 kph but less than 20 kph (not by a holder of a learner licence, provisional P1 licence or provisional P2 licence) – 4 points
  5. where the speed limit is exceeded by more than 10 kph but less than 20 kph for the holder of a learner licence, provisional P1 licence or provisional P2 licence – 5 points
  6. where the speed limit is exceeded by not more than 10 kph (not by a holder of a learner licence, provisional P1 licence or provisional P2 licence) – 2 point
  7. where the speed limit is exceeded by not more than 10 kph for the holder of a learner licence, provisional P1 licence or provisional P2 licence – 5 points

 For an above offence committed over a Long weekend the abovementioned demerit points are doubled.

 Penalty Notices:

 The following is the applicable penalties for class A or light vehicles. For other relevant penalty notices – click here compare to table below.

 For Rule 20 offences where it is a class A motor vehicle not in a school zone, or class B or class C motor vehicle not in a school zone (and no evidence of average speed between points) and not an offence where there is an applicable speed zone as per rule 24-1, 24-2, 24-3, or 24-4 then the penalty notices are as follows:

  1. where the speed limit is exceeded by more than 45 kph – $2252.00
  2. where the speed limit is exceeded by more than 30 kph but less than 45 kph – $835.00
  3. where the speed limit is exceeded by more than 20 kph but less than 30 kph – $436.00
  4. where the speed limit is exceeded by more than 10 kph but less than 20 kph (not by a holder of a learner licence, provisional P1 licence or provisional P2 licence) – $254.00
  5. where the speed limit is exceeded by more than 10 kph but less than 20 kph for the holder of a learner licence, provisional P1 licence or provisional P2 licence – $254.00
  6. where the speed limit is exceeded by not more than 10 kph (not by a holder of a learner licence, provisional P1 licence or provisional P2 licence) – $109.00
  7. where the speed limit is exceeded by not more than 10 kph for the holder of a learner licence, provisional P1 licence or provisional P2 licence – $109.00

 

ROAD TRANSPORT (GENERAL) REGULATION 2013 – REG 122

 Penalty notice offences

(1) For the purposes of section 195 of the Act:

(a) each offence:

(i) that is created by a provision specified in Column 1 of Schedule 5, and

(ii) for which an amount of penalty is specified in Column 3 of Schedule 5,

is declared to be a penalty notice offence, and

(b) the authorised officers for such an offence are officers of the class or classes specified in relation to the offence in Column 2 of Schedule 5, and

(c) subject to subclause (2), the prescribed penalty for such an offence is the amount of penalty specified in relation to the offence in Column 3 of Schedule 5.

(2) The amount of the prescribed penalty for a camera recorded offence of a kind referred to in section 184 (2) of the Act of which a corporation is taken to be guilty under section 184 (1) of the Act is 5 times the amount specified in Schedule 5 as the penalty amount for the offence unless a lesser amount is specified in that Schedule for the offence when it is committed by a corporation.

 (3) If the reference to a provision in Column 1 of Schedule 5 is qualified by words that restrict its operation to specified kinds of offences or to offences committed in specified circumstances, an offence created by the provision is a penalty notice offence only if it is an offence of a kind so specified or is committed in the circumstances so specified.

 (4) Despite subclause (1) (b):

(a) an authorised officer who is an officer or employee of a council may exercise the functions of an authorised officer only within the local government area of that council, and

(b) an authorised officer who is an officer or employee of a declared organisation may exercise the functions of an authorised officer only within the area of operations of that organisation.

 (5) Subclause (4) does not prevent an authorised officer who is an officer or employee of a council or declared organisation from exercising the functions of an authorised officer:

(a) in the local government area of some other council, or

(b) in the area of operations of some other declared organisation,

under an arrangement entered into between the bodies concerned in relation to the exercise of those functions within those areas.

Note : Subclause (1) (b) prescribes those persons who are to be authorised officers for the purposes of section 195 of the Act (that is, those persons who may issue penalty notices for the penalty notice offences prescribed by subclause (1) (a)). Under section 195 (1), police officers are empowered to issue penalty notices for all such offences.

 

ROAD TRANSPORT (GENERAL) REGULATION 2013 – REG 123

Penalty levels

For the purposes of this Regulation, penalty amounts are expressed in terms of the following levels:

“Level 1” means a penalty of $69.

“Level 2” means a penalty of $104.

“Level 2A” means a penalty of $109.

“Level 3” means a penalty of $173.

“Level 3A” means a penalty of $182.

“Level 4” means a penalty of $242.

“Level 4A” means a penalty of $254.

“Level 5” means a penalty of $311.

“Level 5A” means a penalty of $327.

“Level 6” means a penalty of $415.

“Level 6A” means a penalty of $436.

“Level 7” means a penalty of $519.

“Level 7A” means a penalty of $545.

“Level 8” means a penalty of $623.

“Level 8A” means a penalty of $654.

“Level 9” means a penalty of $796.

“Level 9A” means a penalty of $835.

“Level 10” means a penalty of $1,003.

“Level 10A” means a penalty of $1,053.

“Level 11” means a penalty of $1,245.

“Level 11A” means a penalty of $1,308.

“Level 12” means a penalty of $1,315.

“Level 12A” means a penalty of $1,380.

“Level 13” means a penalty of $1,626.

“Level 14” means a penalty of $2,145.

“Level 14A” means a penalty of $2,252.

“Level 15” means a penalty of $2,285.

“Level 15A” means a penalty of $2,400.

“Level 16” means a penalty of $3,252.

“Level 16A” means a penalty of $3,414.

“Level 17” means a penalty of $3,526.

 

ROAD TRANSPORT (GENERAL) REGULATION 2013 – SCHEDULE 4

SCHEDULE 4 – Authorised officers

(Clause 121)

“Class 1 officer” means:

(b) a person who is employed in the Office of State Revenue in the Department of Finance and Services and who is authorised by the Commissioner of Fines Administration for the purposes of this definition, or

(c) a person:

(i) whose services are made use of by the Office of State Revenue in the Department of Finance and Services (whether by way of temporary hire arrangement, secondment or otherwise), and

(ii) who is authorised by the Commissioner of Fines Administration for the purposes of this definition, and

(iii) who is subject to the control and direction of the Commissioner of Fines Administration as an authorised officer.”Class 2 officer” means a person:

(a) who is employed by Roads and Maritime Services as an enforcement officer, or

(b) who is subject to the control and direction of Roads and Maritime Services as an enforcement officer.

“Class 3 officer” means a person:

(a) who is employed by the State Transit Authority as an enforcement officer, or

(b) who is subject to the control and direction of the State Transit Authority as an enforcement officer.

“Class 4 officer” means a person:

(a) who is employed by Transport for NSW as an enforcement officer, or

(b) who is subject to the control and direction of Transport for NSW as an enforcement officer.

“Class 6 officer” means an authorised officer within the meaning of the Forestry Act 2012 .

“Class 7 officer” means a person:

(a) who is an officer or employee of the Office of Environment and Heritage, Department of Premier and Cabinet, or

(b) who is subject to the control and direction of the Office of Environment and Heritage, Department of Premier and Cabinet,

and who is an enforcement officer (within the meaning of section 226 of the Protection of the Environment Operations Act 1997 ) in respect of an offence arising under section 145 of that Act.

“Class 8 officer” means a person:

(a) who is employed by the Sydney Harbour Foreshore Authority as an enforcement officer, or

(b) who is subject to the control and direction of the Sydney Harbour Foreshore Authority as an enforcement officer.

“Class 9 officer” means a person:

(a) who is employed in a Government department as an enforcement officer, or

(b) who is subject to the control and direction of the head of a Government department as an enforcement officer.

“Class 10 officer” means a person:

(a) who is employed by a corporation established by or under an Act as an enforcement officer, or

(b) who is subject to the control and direction of a corporation as an enforcement officer.

 

Good Behaviour Licence:

ROAD TRANSPORT ACT 2013 – SECT 33

Suspension of licence

(1) The Authority must give a notice of licence suspension to the holder of an unrestricted driver licence who incurs 13 or more demerit points (or in the case of a professional driver 14 or more demerit points) within the 3-year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person.

(2) Despite subsection (1), the Authority is not required to take action under that subsection if it is of the opinion that:

(a) it would be unreasonable to do so, having regard to the date when any relevant offence was committed, or

(b) it would be more appropriate for the person to be dealt with under section 34 (2) or 35.

(3) The notice of licence suspension must specify the date on which the suspension is to take effect and must contain any other matters specified by the statutory rules. The date specified must not be earlier than 28 days after the notice is given.

(4) The period of licence suspension under subsection (1) is the period applicable under the following table:

Licence suspension for demerit points

Number of demerit points in 3 years             Period of licence suspension

13 (or 14 in the case of a professional driver) to 15       3 months

16 to 19         4 months

20 or more     5 months

(5) If a person who has been served with a notice of licence suspension does not make an election under section 36, all driver licences held by the person are suspended for the period applicable under this section on and from the date specified in the notice.

 

ROAD TRANSPORT ACT 2013 – SECT 36

Driver may elect to be of good behaviour as alternative

(1) A person who incurs at least 13 demerit points (or in the case of a professional driver 14 demerit points) within the 3-year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person may:

(a) if the person has been served with a notice of licence suspension-notify the Authority that the person elects, as an alternative to undergoing the suspension, to be of good behaviour for a period of 12 months on and from the day on which the licence would otherwise be suspended (the

“original suspension day” ) or, if the person is required by notice given under section 43A to undertake a driver knowledge test, the later of the original suspension day and the day on which the person undertakes and passes the test to the satisfaction of the Authority, or

(b) if the person has been served with a notice of licence ineligibility-notify the Authority that the person elects, as an alternative to undergoing the ineligibility period, to be of good behaviour for a period of 12 months from:

(i) where the ineligibility period has not commenced-the day on which the licence ineligibility would otherwise have had effect (the

“original ineligibility day” ), or

(ii) where the ineligibility period has commenced-the day on which the person makes the election.

(1A) Despite subsection (1) (b), if a person who makes an election under that paragraph is required by notice given under section 43A to undertake a driver knowledge test, the good behaviour period is for a period of 12 months from the later of the original ineligibility day or day of election (as the case requires) and the day on which the person undertakes and passes the test to the satisfaction of the Authority.

(2) A notification of an election by a person under subsection (1) must be:

(a) in the form approved by the Authority, and

(b) if the person has been served with a notice of licence suspension-made before the commencement of the period of suspension, and

(c) if the person has been served with a notice of licence ineligibility-made before or during the commencement of the period of licence ineligibility.

(3) If a person makes an election under subsection (1) (b), the Authority is authorised after the election is made or while the 12 months’ good behaviour period is in force to issue a driver licence to the person or renew any driver licence held by the person.

(4) If a person who has made an election under this section incurs 2 or more demerit points during the 12 months’ good behaviour period, the Authority must give the person one of the following notices:

(a) a notice suspending all driver licences held by the person, commencing on a day specified in the notice (being a day that is not earlier than 28 days after the notice is given), for twice the period of suspension or licence ineligibility that would have applied to the person if the person had not made the election,

(b) a notice specifying that the person is ineligible to hold a driver licence, commencing on a day specified in the notice (being a day that is not earlier than the day the notice is given), for twice the period of suspension or licence ineligibility that would have applied to the person if the person had not made the election.

(5) If the Authority gives a person a notice under subsection (4) (a), all driver licences held by the person are suspended for the period specified in the notice commencing on and from the date specified in the notice.

(6) If the Authority gives a person a notice under subsection (4) (b), the person is not entitled:

(a) to be issued with a driver licence for the period specified in the notice commencing on and from the date specified in the notice, and

(b) to apply for a driver licence for that period.

ROAD TRANSPORT ACT 2013 – SECT 39

Consequences generally

If the holder of a learner licence or a provisional licence incurs the threshold number of demerit points within the 3-year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person, the Authority may:

(a) issue a notice of suspension or cancellation of licence under section 40, or

(b) if the person subsequently applies for a driver licence:

(i) refuse the application and issue a notice of licence ineligibility under section 41, or

(ii) where the driver licence applied for is a learner or provisional licence-grant the licence and issue a notice of suspension or cancellation of licence under section 40.

Note : The expression

“threshold number of demerit points” for the holder of a learner licence or the holder of a provisional licence is defined in section 4 (1).

“threshold number of demerit points” means:

(a) for the holder of a learner licence or a provisional P1 licence-4 or more demerit points, and

(b) for the holder of a provisional P2 licence-7 or more demerit points, and

(c) for the holder of an unrestricted driver licence (other than a professional driver)-13 or more demerit points, and

(d) for the holder of an unrestricted driver licence who is a professional driver-14 or more demerit points.

 

ROAD TRANSPORT ACT 2013 – SECT 267

Appealable decisions may be appealed to Local Court

(1) A person may appeal to the Local Court under this Part against an appealable decision made in relation to the person by another person (the

“decision-maker” ) by filing a notice of appeal with the Court.

(2) Subject to section 268 (6), the notice of appeal must be filed with the Local Court:

(a) no later than 28 days after the date on which the decision-maker notifies the person of the appealable decision, or

(b) within such other period as may be prescribed by the statutory rules (whether for the class of decision concerned or generally).

Note : This Act or the statutory rules may in some cases expressly provide for the manner in which a particular kind of appealable decision is to be notified to a person. See, for example, the service requirements for immediate licence suspension notices.

(3) Subject to the rules of court of the Local Court, the notice of appeal must specify the grounds of the appeal.

(4) The relevant registrar of the Local Court must give notice of the time and place of the hearing of any appeal under this section:

(a) in the case of an appealable decision made by or on behalf of the Authority-to the Authority, or

(b) in the case of an appealable decision made by the Commissioner of Police or a police officer-to the Commissioner of Police, or

(c) in the case of any other appealable decision-to the decision-maker or such other person as may be prescribed by the statutory rules.

(5) A notice given under subsection (4) is to inform the person to whom it is given of the grounds of the appeal.

(6) The time of the hearing of an appeal under this Part must be not earlier than 28 days after the date on which the notice under subsection (4) is given.

(7) The hearing of an appeal under this Part may proceed despite any omission or error in a notice under subsection (4), or the failure to give any such notice, if the Local Court is satisfied that the appellant and the person to whom the notice was to be given had knowledge of the time and place of the hearing and were not prejudiced by any such omission or error or by the failure to give any such notice.

 

ROAD TRANSPORT ACT 2013 – SECT 268

Determination of appeals against appealable decisions

(1) The Local Court is to hear and determine an appeal made to the Court under this Part.

(2) Subject to subsections (3)-(6), the Local Court may determine an appeal under this Part:

(a) by setting aside the decision, or

(b) by varying the decision, or

(c) by dismissing the appeal, or

(d) by making such other order as seems just to the Court in the circumstances.

(3) In varying a decision in an appeal under this Part, the Local Court may exercise only such powers as the decision-maker could have exercised under the road transport legislation when making that decision.

(4) If the decision that is appealed against was based on an offence committed (or alleged to have been committed) by the appellant under the road transport legislation or any other law, the appeal against the decision does not permit review of:

(a) the guilt or innocence of the appellant for the offence, or

(b) the imposition of a penalty or the level of a penalty imposed on the appellant for the offence.

Note : The effect of this provision is that, for example, in an appeal against a suspension or cancellation action taken under section 40 against the holder of a provisional driver licence because of demerit points, the Local Court cannot revisit the issue of an offence in relation to which the demerit points were incurred or the imposition of a penalty in relation to such an offence. In any such case, the Local Court may exercise only the powers that the Authority could exercise under section 40 (see subsection (3)).

(5) In determining an appeal against a decision to give the appellant an immediate licence suspension notice, the Local Court:

(a) is not to vary or set aside the decision unless it is satisfied that there are exceptional circumstances justifying a lifting or variation of the suspension, and

(b) is not, for the purposes of any such appeal, to take into account the circumstances of the offence with which the person making the application is charged, unless the statutory rules provide to the contrary.

(6) An appeal against a decision to give the appellant an immediate licence suspension notice must be made before the charge that occasioned the suspension has been heard and determined by a court or withdrawn.

 

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