VICTORIA OFFENCES
EXCESSIVE SPEEDING
The Victorian government takes excessive speeding in Victoria seriously. Under the Road Safety Act 1986 and the Road Safety (Drivers) Regulations 2009, there are automatic and mandatory licence suspensions for drivers who excessively speed.
It is an offence to drive in excess of the speed limit. Driving up to 24km/hr above the limit will result in a loss of demerit points. In addition to a fine. For drivers who speed at 25km/hr or more above the speed limit, harsher penalties apply. As a result you will automatically lose your licence for a minimum mandatory period.
The Penalty
For most speeding offences (except those in excess of 45km/hr) you will receive a Traffic Infringement Notice (TIN) and not be required to go to court.
With recent law in Victoria (April 2018), any speed of 25km/hr or above in excess of the signed speed limit will be considered excessive speed. It will attract a minimum mandatory period of 3-months license loss, depending on the speed measured.
Up to date information on the specific demerit points, fines and minimum mandatory suspension periods applicable for different speeds is available on the VicRoads.
Can I Defend The Charge?
Exceeding speeds over 45km/hr can lead to serious charges like dangerous or careless driving. Challenging the speed recorded is crucial and requires a specialist traffic lawyer. Defences may involve the speed detection device, statements made to police, and case specifics. If questioning the speed accuracy or if admissions were made, legal advice is essential before disputing a TIN or engaging further.
Objecting to a Traffic Infringement Notice (TIN) takes the matter to court. To object, submit a written notice (on the TIN or online) within 28 days, stating your intention for court handling and any defences. An objection halts the suspension until court proceedings begin. If unchallenged, licence suspension and conviction activate on the 29th day post-TIN issuance, but the suspension period starts after the initial 28 days. Immediate fine payment does not affect suspension timing. If unaware of the TIN due to not receiving it directly, apply for a time extension at the Infringements Court within 14 days upon notice discovery, during which driving is not permitted.