Speeding

About speeding suspensions

If you are caught speeding more than 30 km/hr over the speed limit, your licence will be suspended.

The police can suspend you on-the-spot and confiscate your licence if you:

• drive more than 30 km/hr over the speed limit and you have a learner or provisional (P1 or P2) licence
• drive more than 45km/hr over the speed limit and you have an unrestricted licence.

The police may also impound your vehicle or confiscate your number plates. If the police don’t impound your vehicle, you will have to arrange for someone to collect your vehicle.

If you are caught speeding by a fixed or mobile speed camera, Transport for NSW will send you a fine. You will then get a Notice of suspension:

• after you pay the fine, or
• if you don’t apply to go to court.

Your licence will be suspended for:

• three months, if you go over the speed limit by more than 30 km/hr
•  six months, if go over the speed limit by more than 45 km/hr.

Additional demerit point suspension

Speeding offences carry demerit points as well as a fine. These demerit points will be added to your driving record, but they don’t count towards your suspension. They will remain active for three years from the date of the offence.

If you are caught speeding and you reach your demerit point limit, you may receive two suspensions – a speeding suspension and a demerit point suspension. The demerit point suspension will start after your suspension for speeding has finished.

Learner and provisional (P1) licence

All speeding offences committed by learner or P1 drivers carry at least four demerit points.

If you have a learner or P1 licence and you commit any speeding offence, you will receive a three-month demerit point suspension.

If you are caught speeding more than 30km/hr over the speed limit, your licence will also be suspended for speeding for three months.

If you are caught speeding more than 45km/or over the speed limit, your licence will also be suspended for speeding for six months.

The demerit point suspension will start after your suspension for speeding has finished.

For more information, see Demerit point suspension.

Not responsible

If your licence has been suspended because of an offence committed by someone else who was driving your vehicle, you can nominate the driver.

You may need to do this if you:

• are the registered owner but more than one person drives the vehicle
• loaned your vehicle to a friend or relative when the offence occurred
• sold the vehicle before the offence.

You must name the driver for an offence that carries demerit points. The fine and demerit points will be transferred to the driver.

You don’t need to name the driver if they have already nominated themselves.

You can’t name another person if:

• you were given the fine in person, or
• the offence was not detected by a camera.

If you name the driver, don’t pay the fine.

For more information, see Name the driver.

Appeal the suspension

If your licence is suspended for speeding, you can appeal within 28 days to the Local Court.

You must file your appeal within 28 days of the date of the Notice of Suspension. If you don’t, even if the Court accepts your application, it won’t be able to hear your case.

If you receive an on-the-spot suspension, your licence will remain suspended until you go to court.

If you receive a Notice of Suspension, you should check with Transport for NSW whether your suspension has been stayed (stopped temporarily) until your appeal is heard.

If your licence is suspended, you can’t start driving again until the suspension is finished.

If the police took your licence, you must replace your licence before you start driving again.

For more information, see Appeal your licence suspension.

Go to court

You can also apply to go to court about your speeding fine, plead guilty, and ask the court for a lesser penalty.

For more information, see Going to court.

Start driving

You can drive:

• after your suspension period ends
• after your disqualification period ends
• the Court finds you not guilty
• the Court gives you a section 10.

Get your licence back

If the police took your licence, you need to replace your licence before you can start driving again.

If you still have your licence, you don’t need to replace your licence it unless it has expired, or you have been suspended or disqualified for another reason.

If your licence has expired, you need to renew it before you start driving again.

You should check that Transport for NSW has lifted your suspension before you start driving again.

Additional time on provisional licence

If you receive a demerit point suspension or high-risk driving offence suspension, you must spend an extra six months on your P2 licence.

Your suspension does not count towards the 24 months you must hold your licence before you can apply for your unrestricted licence. You will need to remain on your P2 licence for the length of the suspension plus an extra six months for every suspension you receive.

For more information about P-2 licences, see Provisional P2 licence on the NSW Government website.