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This article was written by Cara Maynard - Associate – Sydney

Before joining the team at Armstrong Legal, Cara worked as a DNA expert preparing and giving DNA evidence in criminal trials. In this role she liaised with police, DPP and defence practitioner regarding a variety of matters including DNA transfer, deposition and recovery. Cara has reviewed and interpreted thousands of DNA profiles that were reported as intelligence to the NSW...

Exceed Speed Limit By More Than 45km/h


Exceeding the speed limit by more than 45 km/h is a serious offence and depending on what sort of vehicle you were driving (for example car or heavy vehicle) and whether the offence was committed in a school zone, the penalty will vary. This article outlines the offence of exceed speed limit by more than 45km/h in NSW.

Penalties for exceed speed limit by more than 45km/h

If you exceed the speed limit by more than 45mk, you can expect to receive the following penalties:

  • If issued a penalty/infringement notice:
    • A fine of $2,520;
    • 6 demerit points; and
    • An automatic suspension of your licence for 6 months.
  • If dealt with in the Local Court and convicted:
    • A fine of up to $3,300;
    • 7 demerit points; and
    • An automatic disqualification of your licence for 6 months.

Should the offence have occurred in a school zone, the financial penalty is increased:

  • If issued a penalty/infringement notice:
    • A fine of up to $2,676;
    • 7 demerit points; and
    • An automatic suspension of your licence for 6 months.
  • If dealt with in the Local Court and convicted:
    • A fine of up to $3,300;
    • 7 demerit points; and
    • An automatic disqualification of your licence for 6 months;

Drivers of heavy vehicles or coaches will face higher financial penalties which are determined by the class of vehicle being driver (Class B or C motor vehicle), as will vehicles registered to corporations.

Licence suspension

The imposition of a licence suspension for exceed speed limit by more than 45km/h, either ‘on the spot’ or by way of a notice of suspension, will depend on the method of detection for the offence.

For example, drivers stopped by police for the offence of exceed speed limit by more than 45km/h can be issued an immediate suspension notice for a period of 6 months.

The immediate suspension will apply from the date of issue and continue for 6 months, or until the suspension is otherwise dealt with by the court.

Alternatively, driver’s issued a penalty notice for a camera detected offence can expect their licence to be suspended by Transport for NSW upon:

  • Payment of the fine in full;
  • Partial payment of the fine; or
  • Where there has been no payment of penalty and the time period for payment has elapsed.

When a licence is suspended by Transport for NSW for an offence of exceeding speed limit by more than 45km/h, Transport for NSW will typically send a notice of suspension to the licence holder notifying the licence holder of:

  • The date on which the licence will be suspended;
  • The length of the suspension;
  • Any right of appeal the licence holder may have.

The date of suspension will usually be at least 28 days from the date of notice.

The decision of Transport for NSW to suspend a licence for an offence of exceeding the speed limit by more than 45km/h is an appealable decision.

Court election for exceed speed limit by more than 45km/h

Should the licence holder wish to dispute the offence of exceed speed limit by more than 45km/h or hope to receive a reduced penalty, the licence holder can elect for the matter to be determined by the court. A court election can be made either before paying the fine issued, or up to 90 days from the date of issue of the penalty notice.

Before deciding to court elect a fine, it is important to understand that a court election is an election to have the traffic offence decided by a court (in the criminal jurisdiction), and requires the person electing to enter a plea of guilty or not guilty. Any conviction imposed by the court following a court election is recorded as a criminal conviction.

However, demerit points are not to be incurred against a licence in circumstances where an infringement for exceed speed limit by more than 45km/h goes to court by election and the matter is dealt with by a non-conviction order, as provided under the Crimes (Sentencing Procedure) Act. 

Court elections are often made with the aim of avoiding conviction. This is often utilised by persons who wish to avoid a suspension as the recording of a conviction will result in the person exceeding their demerit point limit and/or breaching a good behaviour licence. However, individuals should be cautious of making an election simply to avoid the imposition of demerit points. Non-conviction orders granted simply to avoid the operation of other legislative provisions (such as the demerit point system) are considered by the court to be improper and impermissible.

For advice or representation in any legal matter, please contact Armstrong Legal.

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