Speeding is the most commonly enforced traffic offence in Australia, with state authorities using fixed and mobile speed cameras, highway patrols, and automated number plate recognition to issue fines and suspensions. While many speeding penalties are dealt with by way of fines and demerit points, serious or repeat offences can lead to licence suspension or even criminal charges.
If you’ve lost your licence—or are at risk of losing it—you may be eligible to appeal the suspension or disqualification in court. This guide covers everything you need to know about speeding offences and licence appeals, including how charges are laid and the legal processes involved in each Australian state and territory.
Police and transport authorities can issue speeding penalties in several ways:
Fixed or mobile speed camera detections
Police radar or lidar devices during patrols
Automated number plate recognition
Officer observation and direct pull-over
Once detected, penalties may include:
On-the-spot fines
Demerit points
Immediate licence suspension (for high-range speeding)
Court attendance notice for serious or repeat offenders
Licence suspensions can occur:
Automatically due to excessive demerit points
Immediately for high-range speeding (e.g. 45km/h+ over limit)
Through a court order
You may be eligible to appeal a suspension if:
You hold a full or provisional licence (varies by state)
The suspension would cause exceptional hardship
You believe the penalty was issued in error
Traffic offences are serious breaches of road safety laws governed by each Australian state and territory. They range from speeding and drink driving to dangerous or reckless driving, and penalties can vary depending on the nature of the offence, whether anyone was harmed, and the driver’s prior history.
Below is a state-by-state overview of the key traffic laws, how charges are laid by police, court procedures, penalties, and available defences across NSW, VIC, QLD, SA, WA, and the ACT.
Relevant Laws: Road Transport Act 2013 (NSW)
Speeding Offences:
Low-range: <10 km/h
Mid-range: 10–30 km/h
High-range: 30–45 km/h
Serious: 45+ km/h (immediate suspension possible)
Licence Appeals:
Appeals can be made in the Local Court within 28 days of suspension notice
Applicable to provisional, learner, or full licence suspensions
Court Process:
File a notice of appeal
Judge considers hardship, driving history, and offence severity
Court may allow, vary, or dismiss suspension
Defences Available:
Speed detection error
Emergency situation
Honest and reasonable mistake
Relevant Laws: Road Safety Act 1986 (VIC)
Speeding Offences:
Fixed penalties issued for low to mid-range speeding
Excessive speeding (25km/h+) can trigger immediate suspension
Licence Appeals:
VIC has limited appeal options; most are reviewable through VicRoads internal review or Magistrates’ Court for court-imposed disqualifications
Court Process:
No appeal for automatic suspensions by VicRoads unless exceptional reasons
Court appeals only possible if a magistrate issued the order
Defences Available:
Faulty detection device
Vehicle tampering or misidentification
Urgent need or medical emergency
Relevant Laws: Transport Operations (Road Use Management) Act 1995 (QLD)
Speeding Offences:
Camera or officer-detected speeding
Licence suspension at 21+ demerit points (12 for learners/provisionals)
Licence Appeals:
You can apply for a Special Hardship Order in the Magistrates Court within 21 days
Available to provisional and open licence holders
Court Process:
Must prove exceptional hardship (e.g. job loss, medical transport needs)
Strict evidence and affidavit requirements apply
Defences Available:
Speed not proven
Medical emergency
Misidentification
Relevant Laws: Road Traffic Code 2000 (WA); Road Traffic Act 1974 (WA)
Speeding Offences:
Exceeding speed limits by 30km/h+ may result in suspension
45+ km/h = minimum 6-month disqualification
Licence Appeals:
Limited options; appeals only available if suspension is imposed by court
Court Process:
File an appeal in the Magistrates Court within set timeframe
Police or licensing authority may oppose appeal
Defences Available:
Device calibration error
Speed under threshold
Exceptional justification
Relevant Laws: Road Traffic Act 1961 (SA)
Speeding Offences:
Fines and demerit points applied based on offence range
45+ km/h over the limit may result in immediate disqualification
Licence Appeals:
Appeals can be made to the Magistrates Court for hardship grounds
Court Process:
Application for reduction or removal of suspension
Supporting evidence required (e.g. employment, care needs)
Defences Available:
Incorrect detection
Medical necessity
Mistaken identity
Relevant Laws: Road Transport (Safety and Traffic Management) Act 1999 (ACT)
Speeding Offences:
Speed camera or police-issued fines
45+ km/h = immediate suspension and potential court summons
Licence Appeals:
Appeals can be made to ACT Magistrates Court
Based on hardship or unjust circumstances
Court Process:
Written application and affidavit evidence
Court may uphold, reduce, or cancel suspension
Defences Available:
Faulty equipment
Unavoidable circumstances
Driver identity dispute
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
