Speeding fine penalties in Victoria
The penalties for speeding in Victoria including Speeding fines vary depending on the speed limit and the degree to which the limit was exceeded. For example, the penalty for exceeding the speed limit by less than 10 km/h may be a fine, while the penalty for exceeding the limit by more than 45 km/h may be a fine, license suspension or cancellation, and in some cases imprisonment.
Licence Suspension Periods by Speeding Fine Details
|Exceed Speed By KPH||Suspension Period|
|25 km/h–29 km/h||3 months|
|30 km/h–34 km/h||3 months|
|35 km/h–39 km/h||6 months|
|40 km/h–44 km/h||6 months|
|By 45 km/h or more||12 months|
|20 km/h – 24 km/h (110 zone)||3 months|
If you receive a speeding fine in Victoria, and don’t wish to accept it you have several options for how to proceed. These include:
- Request a review: You can request a review of the fine if you believe there has been a mistake, or if there are special circumstances that may have contributed to the offence. You must request the review within 28 days of receiving the fine, and it must be done in writing. The review will be conducted by an independent reviewer, who will consider your case and determine whether the fine should be waived or reduced.
- Elect to have the matter heard in court: If you want to contest the fine you can ask to have the matter heard by court. It is worthwhile to seek legal advice before choosing this option.
- Nominate another driver: If you were not driving the vehicle at the time of the offence, you should nominate the driver who was. There are time-limits that apply to this.
In Victoria, the offence of speeding is governed by Section 89 of the Road Safety Act 1986. To establish this offence, the prosecution must prove the following elements beyond a reasonable doubt:
- The accused was driving or in control of a motor vehicle on a public road.
- The vehicle was exceeding the speed limit at the time of the offence.
- The speed limit was clearly signposted, or the accused was otherwise notified of the speed limit.
- The accused did not have a reasonable excuse for exceeding the speed limit.
It is important to note that the prosecution has no obligation to prove that the accused intended to speed or was aware that they were exceeding the speed limit. It is enough to establish that the accused was driving over the speed limit.
Evidence of speeding can be obtained through various means, such as by using a speed camera, radar, or laser device, or by using other forms of visual observation. The prosecution must be able to demonstrate that the evidence obtained is reliable and accurate.