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ACT Speeding Fines Explained: What Are the Offences and Penalties?
Andrew Byrnes Law Group • September 12, 2022
If you need a traffic offence lawyer who can provide you with sound legal advice, contact the Andrew Byrnes Law Group today. Our team takes on all types of traffic and driving matters including speeding, non-use of seatbelts, reckless driving, and more.
You can go from 0 to 60 in a matter of seconds. But when you’re behind the wheel, reaching those speeds in such a little time can lead to hefty fines, demerit points, or worse, jail time. Speed happens to be one of the main factors police use to determine if an individual has been driving recklessly or unsafely. With so much attention placed on speed, it’s important for drivers to understand their legal rights when they get pulled over and receive a speeding ticket.
In addition to the details surrounding your specific case, this article covers the specifics of speeding and traffic offences and penalties in the Australian Capital Territory (ACT). Read on for more information about traffic fines and what you can do going forward.
What Is the Speed Limit in the ACT?
The speed limit in the ACT is different depending on the area you are driving in. The default speed limit in built-up areas is 50km/h, while the maximum speed limit is 100km/h. However, there are also school zones and built-up areas where the limit may be lower. It is important to always check the signs to make sure you are driving within the legal limit.
The Road (Safety and Traffic Management) Act 1999 sets out the offences and penalties for speeding in the ACT. The Act provides that a person must not drive a vehicle at a speed greater than the speed limit that applies to the vehicle or area.
If you are caught speeding, you may be liable for ACT speeding fines or other penalties. The penalty you receive will depend on how much over the speed limit you were driving and whether you have been caught speeding before.
Non-school and School Zone Penalties
The speeding penalties in the Australian Capital Territory (ACT) are some of the highest in the country. If you're caught speeding, you'll be hit with a fine and have points taken off your licence. The amount of the fine and the number of points will depend on how fast you were going over the limit.
Speeding Penalties for Non-school Zones
| Exceed speed limit by | Fines | Demerit Points |
|---|---|---|
| Not more than 15km/h above the speed limit | $297 | 1 |
| Between (15 and30) km/h above the speed limit | $438 | 3 |
| More than (30 and 45) km/h above the speed limit | $700 | 4 |
| More than 45km/h above the speed limit | $1841 | 6 |
Speeding Penalties for School Zones
| Exceed speed limit by | Fines | Demerit Points |
|---|---|---|
| Not more than 15km/h | $321 | 1 |
| Between (15 and 30) km/h | $477 | 3 |
| Between (30 and 45) km/h | $799 | 4 |
| More than 45km/h | $2136 | 6 |
Speeding and Other Dangerous Driving Offences
Culpable Driving of Motor Vehicle
Section 29 of the Crimes Act 1900 defines negligent driving inflicting bodily harm or grievous injury as a serious traffic offence.
A driver is at fault if they are caught in violation of the Act if:
Negligent driving is defined as failing to take adequate care while driving an automobile without justification.
Driving under the influence of alcohol or drugs is when a traffic official determines that the driver is affected by the substance and is unable to operate the vehicle.
The charge or the offence committed must specify culpability for a driving offence. This crime is distinct from homicide and can even be charged as murder or manslaughter. If the death involved a pregnant woman, the offences might be aggravated under Section 48 of the Act.
Failing to Stop Offence
Section 5C states that a driver is required to stop when signalled or requested to do so by a police officer in uniform and must remain stopped until the police officer has finished speaking with the driver. The penalty for this offence is:
- first offender: 100 penalty units, imprisonment for 12 months or both; and
- repeat offender: 300 penalty units, imprisonment for 3 years or both
Negligent Driving
Section 6 covers the offence of negligent driving. A person must not drive a vehicle negligently on a road or road-related area and the penalty for doing so is:
- if the driving results in death: 200 penalty units, 2 years in prison, or both; or
- if the driving causes serious bodily harm: 100 penalty units, a year in prison, or both; or
- if the driving causes actual bodily harm: 50 penalty units; or
- if the above does not apply, the punishment is 20 penalty units.
Negligent driving is defined as driving without due care and attention, or without reasonable consideration for other users of the road. It is important to note that negligent driving does not require a person to be speeding, or to be breaking any other traffic law. Rather, it is based on the standard of care that a reasonable person would exercise when using the road.
Furious, Reckless or Dangerous Driving
Section 7 of the Road (Safety and Traffic Management) Act 1999 makes it an offence to drive a vehicle furiously, recklessly or at a speed or in a manner that is dangerous to the public. The maximum penalty for this offence is:
- for an aggravated offence committed by a first offender: 300 penalty units, 3 years in prison, or both;
- for an aggravated offence committed by a repeat offender: 500 penalty units, 5 years in prison, or both;
- for any other aggravated offence: 200 penalty units, 2 years in prison or both; or
- in any other circumstance: 100 penalty units, 12 months in prison, or both.
Infringement Notice Declaration in the ACT
Infringement notice declaration is issued for parking, traffic, public place, speed cameras offences and other offences such as speeding and not following other rules.
If you get an infringement notice, it will have a section for you to declare that you are the person responsible for the offence. You must do this within 28 days. You can declare online your infringement online. If you did not commit the offence, you can dispute the infringement.
If you do not declare the traffic infringements, or dispute it within 28 days, the matter will go to court and you may have to pay a higher fine. ACT speeding fines use a demerit point system. This means that if you accumulate too many points, your licence may be suspended.
Check out the ACT Government website for more information on infringements.
Let Us Fight for You
If you have been charged with a speeding offence, it is important to seek legal advice. The lawyers at
Andrew Byrnes Law Group are experienced in handling traffic matters and can provide you with the best possible defence. Contact us today to arrange a free consultation.
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