10–2 NSW rule: penalties and disqualifications for speeding offences
10.2 10–2 NSW rule: penalties and disqualifications for speeding offences
Definitions In this rule—
heavy motor vehicle means—
a motor vehicle with a GVM over 12 tonnes, or
a motor vehicle and trailer combination with a GCM over 12 tonnes.
large motor vehicle means—
a coach, or
a motor vehicle with a GVM over 4.5 tonnes, or
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.
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—
liable to the maximum penalty specified in this rule for an offence committed in those circumstances, and
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.
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—
is liable to a maximum penalty of 50 penalty units (in the case of a heavy motor vehicle or coach) or 30 penalty units (in any other case), and
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.
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—
more than 6 months, or
less than 6 months, but only if—
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
the specified disqualification period when added to the suspension period results in a total period of no less than 6 months.
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—
is liable to a maximum penalty of 20 penalty units, and
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 different period of disqualification determined in accordance with subrule (5A), is disqualified for the period specified in the order.
Court-ordered disqualification periods under subrule (5) In determining a different period of disqualification under subrule (5) for a driver who commits a speeding offence, the court may specify a period that is—
more than 3 months, or
less than 3 months, but only if—
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
the specified disqualification period when added to the suspension period results in a total period of no less than 3 months.
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.
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—
is satisfied that the person exceeded the relevant speed limit, but
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.
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—
is satisfied that the person exceeded the relevant speed limit, but
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).
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.
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