Exceed Speed More Than 45km/h

In New South Wales, it is an offence to drive on a public road exceeding the speed limit by more than 45km/h. The maximum penalty for this offence is a fine of $2,200 (if heard in Court) and the maximum penalties for this offence are a fine of $4,630 and 6 demerit points if you receive an Infringement Notice, and a fine of $4,793 and 7 demerit points if detected in a school zone. The automatic licence disqualification period is 6 months, and the maximum licence disqualification period is 6 months.

What is Exceed Speed more than 45km/h?

The offence of Exceed speed more than 45km/h is regulated under Rule 20 of the Road Rules 2014 (NSW) which states:

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

The following act might constitute Exceed Speed more than 45km/h: 

• You are driving on a road which displayed a 60km/h an hour sign and you were pulled over for driving at a speed of 115km/h. 

Learner or Provisional Licence Holder

If you hold a learners or provisional licence and you exceed the speed limit by more than 45km/h, the Police hold the power to issue you with an immediate licence suspension for a period of 6 months. This suspension can be appealed within 28 days from the date of the suspension. In order for your appeal to be successful, you must be able to demonstrate any exceptional circumstances as to why you need your licence. Needing your licence for work does not meet the criteria for exceptional circumstances, as the circumstances need to be far more compelling. 

If you are fined with ‘Exceed Speed more than 45km/h’, you will face an accrual of 6 demerit points, which apply once the fine is paid in full. Due to being a learner or provisional licence holder, this demerit point accrual will result in a demerit point licence suspension which will commence once the police issued 6-month immediate licence suspension has concluded. This demerit point suspension can also be appealed to the Local Court. This is known as a Licence Suspension Appeal.

Full Licence Holder

If you hold your full licence and are fined with exceeding the speed by more than 45km/h by Police, you can be issued with an Immediate Notice of Suspension for a period of 6 months. The immediate suspension will apply from the date of issue and continue for the period of 6 months or under the suspension is otherwise dealt by a Local Court.

If you are detected by a speed camera, Transport for NSW will suspend your licence for a period of 6 months and will send a Notice of Suspension to you, notifying you of the date in which your licence will be suspended, the length of the suspension and any right of appeal you have. You have 28 days to appeal the suspension to the Local Court from the date the Notice of Suspension was issued. This appeal option is known as a Licence Suspension Appeal. 

When a Licence Suspension Appeal is heard before the Court, the Court will determine whether they should allow, dismiss or vary the appeal. To do this, the Court will consider what is just and reasonable under the circumstances whilst also considering your traffic record and your need for a licence. This appeal avenue does not call solely for exceptional circumstances. 

Court Electing the Penalty

If you do not want to pay the fine and accrue the demerit points, you can Court Elect the Infringement Notice, meaning, you are electing to have the fine dealt with by a Magistrate, in a Local Court. This option comes with multiple factors that should be considered before making a decision. These being:

• If you are convicted, it will show on your criminal record; and
• Pursuant to Regulation 10-2(5) of the Road Rules 2014, if you are convicted, you will be automatically disqualified for 6 months and the Magistrate has the discretion to increase the disqualification to a period of more than 3 months but less than 6 months.

What must be proven?

For a person to be found guilty Exceed Speed more than 45km/h, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you were driving a motor vehicle on a public road;
• That the road you were driving on had a speed limit of 30km/h
• That you were driving at a speed that exceeded 45km/h.

If the Prosecution do not prove every single one of the above elements, you will be found not guilty.

Which Court Will Hear the Matter?

This offence is a summary offence and will be finalised in the Local Court.

Possible Defences for Exceed Speed more than 45km/h

The following defences may be available for an Exceed Speed more than 45km/h charge:

• The speed was not legally or reasonably displayed/visible.
• Medical/general emergency.
• Duress. 

Common Questions about Drive while Licence Cancelled

Will I receive a criminal conviction?

A conviction and criminal record for this offence is possible, if you elect to have your matter heard in Court (option for full licence holders).

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions, so it is very important that you contact Armstrong Legal to assist you with this. 

What if I Exceeded the Speed Due to a Medical Emergency?

Please contact us at Armstrong Legal to assist you with this, as a possible defence of this nature needs to be discussed with a solicitor as it is important we obtain relevant medical documents/material to corroborate this. 

Can I Avoid a Criminal Record for this Speeding Offence?

It is possible to avoid a criminal record for an Exceed Speed by more than 45km/h offence pursuant to Section 10 of the Crimes (Sentencing Procedure) Act 1999 (the Act). This section allows the Court to find you guilty without recording a conviction on your criminal record. Under Section 10(1)(a) of the Act, the charge will be dismissed entirely, under Section 10(1)(b) of the Act, you will be discharged under a Conditional Release Order and under Section (10)(1)(c) of the Act, you will be discharged on the condition you take part in an intervention program.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.