(08) 9278 2575A speeding offence occurs when a driver exceeds the posted speed limit for the road or area. Police can detect speeding using radar, laser devices, or speed cameras. Even if the speeding is marginally over the limit, it is still an offence which can result in fines, accumulation of demerit points, or drivers licence consequences.
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 driver's licence suspended. If you are driving on a provisional driver's licence you can accumulate no more than 4 demerit points before your licence will be cancelled.
The 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 |
|
|
$1200 | 7 |
High-range speeding may be classed as a Reckless or Dangerous Driving Offence.
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 |
|
|
$1500 | 7 |
Extraordinary Drivers Licences
If you need your driver’s licence 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.
Frequently Asked Questions
Demerit points are recorded on your driving record. For light vehicles, accumulating 12 points or more in three years can lead to licence suspension. Learner and provisional drivers have lower thresholds for accumulation of demerit points that result in suspension. Suspension periods generally last three to five months. During double demerit periods, points for offences are temporarily doubled.
- 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.
Penalties depend on how far the speed limit is exceeded, and differ between light and heavy vehicles. For light vehicles, typical penalties are:
- Not more than 9 km/h over: $100 fine, 0 demerit points.
- 10–19 km/h over: $200 fine, 2 demerit points.
- 20–29 km/h over: $400 fine, 3 demerit points.
- 30–40 km/h over: $800 fine, 6 demerit points.
- More than 40 km/h over: $1,200 fine, 7 demerit points, and the offence may be treated as reckless or dangerous driving.
Additional factors, such as school zones, work zones, or double demerit periods, can increase fines and demerit points.
Yes. While most speeding offences are dealt with by infringement notices, high-range speeding, particularly with confiscation or school zones, may result in a formal prosecution where a court appearance is required.
If you wish to dispute an infringement issued to you for speeding, rather than paying the infringement, you may elect to have the matter determined by a court. In these circumstances, a court hearing notice will be sent to you providing the details of the date, time and place that you are to appear in court.
Defences may include challenging the accuracy or calibration of the speed detection device, showing that the speed signage was unclear, or arguing that the offence occurred under circumstances of emergency. Mitigation may involve demonstrating a clean driving record, a plea of guilty at the first opportunity, or personal circumstances that justify a reduced penalty.
You should contact a traffic or criminal lawyer immediately after receiving a notice of infringement or a court hearing notice. A lawyer will explain your rights, review the evidence, and guide you on whether to participate in a record of interview, contest the charge or negotiate a reduced charge.
Courts will usually review records from the speed detection device, including calibration and maintenance logs. Police witness statements, photographic or video evidence, and other supporting documentation may also be considered.
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.
