Speeding Offences

Speeding Lawyer Sydney: Speeding Fines, Demerit Points and Licence Suspensions

If you are caught speeding in NSW, the outcome depends on how far over the limit you were, your licence type, and whether you pay or go to court. Paying records demerit points and, for speeding more than 30 km/h over, can lead to a licence suspension. An experienced speeding lawyer in Sydney can tell you whether court, where a section 10 dismissal may be possible, is the better option.

Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 7 October 2026

What are the penalties for speeding in NSW?

Speeding penalties rise with each speed band, and once you are more than 30 km/h over the limit you face losing your licence as well as demerit points.

Speeding is an offence under rule 20 of the Road Rules 2014 (NSW), with penalties set by rule 10-2. For a car driver with an unrestricted licence outside a school zone, Schedule 1 of the Road Transport (Driver Licensing) Regulation 2017 (NSW) sets these demerit points:

• Up to 10 km/h over: 1 demerit point.

• More than 10 and up to 20 km/h over: 3 demerit points.

• More than 20 and up to 30 km/h over: 4 demerit points.

• More than 30 and up to 45 km/h over: 5 demerit points, a possible Transport for NSW suspension if you pay the fine, or an automatic 3-month disqualification if convicted in court.

• More than 45 km/h over: 6 demerit points, a possible 6-month on-the-spot police suspension, and an automatic 6-month disqualification if convicted in court.

Learner and provisional drivers receive at least 4 demerit points for any speeding offence, and Transport for NSW states that learner and P1 drivers face a 3-month suspension for any speeding offence, an additional 3 months for more than 30 km/h over, or 6 months for more than 45 km/h over. Transport for NSW can also extend a P2 driver’s provisional period by 6 months for each suspension. Double demerits apply during double demerit periods, and school zone offences carry higher fines and demerit points.

In court, the maximum fine is 20 penalty units ($2,200), or for more than 45 km/h over, 30 penalty units ($3,300), or 50 penalty units ($5,500) in a heavy motor vehicle or coach. Reaching 13 demerit points within three years on an unrestricted licence brings a separate suspension: see our demerit points and good behaviour licence guide.

Can police suspend my licence on the spot for speeding?

Yes. Police can suspend your licence at the roadside for speeding more than 45 km/h over the limit, or more than 30 km/h over on a learner or provisional licence.

Under section 224 of the Road Transport Act 2013 (NSW), police can give an immediate licence suspension notice within 48 hours of issuing the penalty notice or charging you. With a penalty notice, it lasts 6 months (more than 45 km/h over) or 3 months (learner or provisional, over 30 and up to 45 km/h over) from the offence date or, if you elect court, until the court decides, whichever comes first. If you are charged instead, it lasts until the charge is decided. Police cannot suspend on the spot for a camera-detected offence. For more than 45 km/h over, police may also impound your vehicle or confiscate its number plates.

Can I appeal an on-the-spot licence suspension?

You can appeal to the Local Court within 28 days, but the court can only lift or vary the suspension if there are exceptional circumstances. It generally cannot consider the circumstances of the alleged offence, and the appeal must be made before the speeding charge is finalised. These appeals are difficult; see our licence appeals page.

What happens if I was caught by a speed camera?

A camera fine goes to the registered owner, who must either deal with it or nominate the person who was driving.

If you were not driving, you can nominate the driver online or by statutory declaration, and the fine and demerit points transfer to them. A false nomination is a serious offence. For camera offences more than 30 km/h over, Transport for NSW can suspend your licence under section 59 of the Road Transport Act 2013 (NSW), but only once you pay the fine or let the time to elect court lapse. You can appeal its Notice of Suspension to the Local Court within 28 days, and lodging the appeal generally puts the suspension on hold (Road Transport (General) Regulation 2021 (NSW) s 147).

Should I pay the speeding fine or go to court?

Paying records the demerit points and can trigger a suspension; court gives you a chance to avoid them, at some risk.

If you elect court, the magistrate decides the penalty instead, and can impose a higher fine than the penalty notice, order court costs and record a conviction. A conviction for more than 30 km/h over brings an automatic 3-month disqualification (6 months for more than 45 km/h). A shorter period is possible only if it and any police immediate suspension for the offence together reach that minimum. Once Revenue NSW accepts a court election, you cannot withdraw it. Read our guide to court electing a traffic fine first.

Can I get a section 10 for speeding?

Yes. A magistrate can find you guilty but dismiss the charge without recording a conviction under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW).

After a section 10 order, Transport for NSW must not record demerit points for the offence, and because there is no conviction the automatic disqualification does not apply. A good driving record, genuine need for your licence and strong references help. It is harder to obtain for very high speeds or a poor record, and we will tell you candidly if your prospects are low.

What should I do now?

1. Check the due date on your notice, and do not pay if you are considering court.

2. Get your driving record from Service NSW.

3. Collect character references and evidence of why you need your licence.

4. Diarise the 28-day appeal deadline if you have been suspended.

Speeding lawyer Sydney: where do we appear?

Invictus Legal specialises in traffic and criminal law and appears in Local Courts across Sydney and NSW, including the Downing Centre, Parramatta, Burwood, Newtown, Bankstown and Sutherland, and in the District Court on appeals. Visit our traffic law hub for related offences.

What does it cost?

Fees for traffic matters are determined by the scope of work involved, and we issue a costs agreement before we commence any work, so you have full transparency from the start. Cost mainly depends on whether you plead guilty or defend the charge, and whether a licence appeal is needed.

Frequently asked questions

How many demerit points do you get for speeding in NSW?

Under Schedule 1 of the Road Transport (Driver Licensing) Regulation 2017 (NSW), a car driver with an unrestricted licence outside a school zone receives 1 demerit point for up to 10 km/h over, 3 for more than 10 km/h, 4 for more than 20 km/h, 5 for more than 30 km/h and 6 for more than 45 km/h over. Learner and provisional drivers receive at least 4 demerit points for any speeding offence, and the points double over long weekends and holiday periods.

Will I lose my licence for speeding more than 30 km/h over the limit?

In most cases, yes, unless a court deals with the offence under section 10. If you pay the fine, Transport for NSW can suspend your licence under section 59 of the Road Transport Act 2013 (NSW). If you are convicted in court, rule 10-2 of the Road Rules 2014 (NSW) imposes an automatic 3-month disqualification (6 months for more than 45 km/h over).

Can I appeal an on-the-spot licence suspension for speeding?

Yes. You can appeal a police immediate licence suspension notice to the Local Court within 28 days. The court can only lift or vary the suspension if it is satisfied there are exceptional circumstances, it generally cannot consider the circumstances of the alleged offence, and the appeal must be made before the speeding charge is finalised.

Can a lawyer get my speeding fine dismissed?

If you elect to go to court, a magistrate can find the offence proven but dismiss the charge without conviction under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). If that happens, Transport for NSW must not record demerit points for the offence. Whether a section 10 is realistic depends on your driving record, the speed and your circumstances, and we will give you a candid assessment.

Can police suspend my licence if I was caught by a speed camera?

No. Police cannot give an immediate licence suspension notice for a camera-recorded offence. However, for camera offences more than 30 km/h over the limit, Transport for NSW can suspend your licence once you pay the fine or the time to elect court lapses. You can appeal that Notice of Suspension to the Local Court within 28 days, and lodging the appeal generally puts the suspension on hold until the court decides.

Talk to an experienced speeding lawyer today

Call our office on 02 8553 0500, or our emergency line on 0410 600 230 for urgent matters, such as if your licence was suspended on the spot or you have court tomorrow. You can also book online.

This page is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.