"speed limit" , in relation to a speeding offence, means the speed limit that
was contravened in committing the offence.
"speeding offence" means an offence under Part 3 (Speed limits).
Note : "Motor vehicle" ,
"combination" and
"trailer" are defined in the Dictionary, and
"coach" ,
"GCM" and
"GVM" are defined in the Act.
(2) Penalties and disqualifications for
speeding offence A driver who commits a speeding offence in any of the
circumstances referred to in subrule (3), (5) or (6) is--
(a) liable to the
maximum penalty specified in this rule for an offence committed in those
circumstances, and
(b) disqualified from holding a driver licence for the
period specified in this rule for an offence committed in those circumstances.
(b) is disqualified from
holding a driver licence by a conviction for the offence (and without any
specific order) for 6 months or, if the court on the conviction thinks fit to
order a different period of disqualification determined in accordance with
subrule (4), is disqualified for the period specified in the order.
Note : "Coach" is defined in the Act.
(4) Court-ordered disqualification periods
under subrule (3) In determining a different period of disqualification under
subrule (3) for a driver who commits a speeding offence, the court may specify
a period that is--
(a) more than 6 months, or
(b) less than 6 months, but
only if--
(i) the person's driver licence or authority to drive in New South
Wales has been suspended for a period (
"the suspension period" ) under Division 4 of Part 7.4 of the Act for that
offence, and
(ii) the specified disqualification period when added to
the suspension period results in a total period of no less than 6 months.
(b) is
disqualified from holding a driver licence by a conviction for the offence
(and without any specific order) for 3 months or, if the court on the
conviction thinks fit to order a different period of disqualification
determined in accordance with subrule (5A), is disqualified for the period
specified in the order.
(5A) Court-ordered disqualification periods under
subrule (5) In determining a different period of disqualification under
subrule (5) for a driver who commits a speeding offence, the court may specify
a period that is--
(a) more than 3 months, or
(b) less than 3 months, but
only if--
(i) the person's driver licence or authority to drive in New South
Wales has been suspended for a period (
"the suspension period" ) under Division 4 of Part 7.4 of the Act for that
offence, and
(ii) the specified disqualification period when added to
the suspension period results in a total period of no less than 3 months.
(7)
Alternative verdicts in prosecutions for speeding by more than 45 kilometres
per hour If a driver is prosecuted under subrule (3) for a speeding offence in
circumstances where the court--
(a) is satisfied that the person exceeded the
relevant speed limit, but
(b) is not satisfied that it was exceeded by more
than 45 kilometres per hour,
the court may instead convict the driver of an
offence in accordance with subrule (5) if satisfied that the speed limit was
exceeded by more than 30 kilometres per hour, or in accordance with subrule
(6) if satisfied that the speed limit was exceeded by 30 kilometres per hour
or less.
(8) Alternative verdicts in prosecutions for speeding by more than
30 kilometres per hour If a driver is prosecuted under subrule (5) for a
speeding offence in circumstances where the court--
(a) is satisfied that the
person exceeded the relevant speed limit, but
(b) is not satisfied that the
speed limit was exceeded by more than 30 kilometres per hour,
the court may
instead convict the driver of an offence in accordance with subrule (6).
(9)
Disqualification period commences on date of conviction A period of
disqualification imposed by or under this rule commences on the date of
conviction for the offence to which it relates.
Note : This rule is an
additional NSW road rule. There is no corresponding rule in the
Australian Road Rules . However, the Australian Road Rules allow another law
of this jurisdiction to make provision for penalties.