Traffic Law

Speeding Offences

Driving a vehicle in excess of the applicable speed limit is an offence and depending on the excess of the speed and the time at which the offence occurs, speeding can attract a significant fine and accumulation of demerit points.

If you accumulate 12 or more demerit points you face the prospect of having your divers licence suspended. If you are driving on provisional drivers licence you can accumulate no more than 4 demerit points before your licence will be cancelled.

A vast majority of speeding offences are detected by the police through the use of speed detection devices. The police may use a mobile detection radar device by pointing it at a vehicle.  A speed detection device might be fixed by the police at a specific location at particular points of time ready to record and photograph  vehicles exceeding the speed limit.

Whatever the case, if you are issued with an infringement for exceeding the speed limit and you wish to defend the charge in court it’s important to understand what detection practices were used by the police and how those detection devices were used.

It goes without saying that the more the speed of your vehicle exceeds the speed limit, the more demerit points you will lose. The following speeding penalties table provides a general guide for the penalties for particular speeding offences. The table is not intended to constitute legal advice. Full details of traffic offences and penalties are contained in the WA Road Traffic Code 2000.

Speeding By Light Vehicles

Cars, motorcycles and other vehicles less than 22.5 tonnes Gross Combination Mass:

km/h over the speed limit Fine imposed Demerit Points
Not more than 9 km/h $100 0
More than 9km/h but not more than 19 km/h $200 2
More than 19 km/h but not more than 29 km/h $400 3
More than 29 km/h but not more than 40 km/h $800 6

More than 40 km/h

$1200 7

Speeding By Heavy Vehicles

Vehicles with a Gross Combination Mass of 22.5 tonnes or more

km/h over the speed limit Fine imposed Demerit Points
Not more than 9 km/h $200 0
More than 9km/h but not more than 19 km/h $300 2
More than 19 km/h but not more than 29 km/h $500 3
More than 29 km/h but not more than 40 km/h $1200 6

More than 40 km/h

$1500 7

Extraordinary Drivers Licences

If you are needing your driver’s license for work purposes we can assist you to apply for an extraordinary license. However it is important to be aware that if your licence is revoked due to an accumulation of demerit points the traffic legislation in Western Australia precludes you from attaining an extraordinary driver’s licence.

  • Your licence will be suspended. How long your licence is suspended for depends on how many points you accrue. The suspension will be at least 3 months, but can, in some cases be up to 5 months.
  • You will face a demerit point suspension if you pick up 12 or more demerit points in the last 3 years.
  • If you are a novice driver - from when you get your learner's permit until you have had your P-plates for 1 year, you will lose your licence/permit if you accrue 4 or more demerit points. If you are in your second year of your P-plates, you will lose your licence if you accrue 8 or more demerit points.
  • The demerit point suspension will start 28 days after the notice is given to you. At the end of your suspension, your demerit point tally will go back to zero.

At some times of the year (during long weekends and holiday seasons), the demerit points for offences are doubled. This means that the points you would ordinarily lose will be doubled for any offence committed in the double-demerit period.

How We Can Help

People are sometimes charged with a speeding offence when the evidence against them is weak and unsubstantiated. If you have been charged with a speeding offence and want legal advice, Andrew Williams can help you with choosing the right avenues to take and advise you of the likely outcome.  Having an experienced traffic lawyer in Perth to advise and represent you in court will increase your chances of securing a good result.

Contact Andrew Williams immediately to discuss your case on (08) 9278 2575.


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