Excessive speeding in NSW: when police take your licence at the roadside.

How much over the speed limit before you lose your licence in NSW?

Most speeding in NSW is dealt with by a penalty notice: a fine and demerit points, and nothing more. That covers the lower bands, up to 10 km/h over, then 10 to 20, and 20 to 30 km/h over the limit. The number of points climbs with the margin, but the licence stays in your wallet.

Two tiers change that. Exceeding the limit by more than 30 km/h, and exceeding it by more than 45 km/h, each carry a licence suspension on top of the fine. For a full licence holder, more than 30 km/h over brings 5 demerit points and a suspension of at least 3 months. More than 45 km/h over brings 6 demerit points and a suspension of at least 6 months. These suspensions are separate from the one you get by reaching your demerit point limit, so a single offence at this level can put you off the road even with a clean record. The power to suspend for these offences sits in section 59 of the Road Transport Act 2013 (NSW), the full text of which is on the NSW legislation register.

What is the penalty for speeding more than 45 km/h over the limit?

This is the top speeding band short of a criminal charge, and it is treated as such. For a full licence holder the offence carries 6 demerit points, a fine of more than 2,500 dollars as at 2026, and a suspension of at least 6 months. The fine figures are reviewed each year, but the point total and the minimum suspension are fixed by the offence.

How the offence comes to light matters. If a fixed or mobile speed camera records it, Transport for NSW sends the fine, and a notice of suspension follows once the matter is dealt with. If a police officer records it at the roadside, the officer can take a further step and suspend the licence on the spot. That roadside power is the part most drivers do not expect, and it is worth understanding before it happens.

Can police suspend your licence on the spot in NSW?

Yes. Section 224 of the Road Transport Act 2013 (NSW) lets a police officer give an immediate licence suspension notice and confiscate the licence. The offence has not yet been proved in court, but the licence goes anyway. The power is deliberately front-loaded, because it aims to get a driver the officer regards as dangerous off the road at once rather than after a hearing.

The section lists the offences it reaches. They include exceeding the speed limit by more than 45 km/h for any driver, exceeding by more than 30 km/h for a learner or provisional driver, middle and high range PCA and other serious alcohol offences, serious driving offences causing death or grievous bodily harm, the street racing offence, and the aggravated burnout offence. The notice does not have to be handed over at the scene. It can be given at the roadside or at any time within 48 hours of the penalty notice being issued or the driver being charged. Decisions applying section 224 are collected on JADE. The same roadside suspension applies to drink driving, discussed in the note on how long you lose your licence for drink driving.

What happens if a learner or P-plater speeds in NSW?

The rules are tighter for learner and provisional drivers, which is what the recent Newcastle enforcement was about. For a learner or P1 driver, any speeding offence carries a minimum 3-month suspension and 4 demerit points. The margin that triggers the roadside power drops too. A learner or provisional driver who exceeds the limit by more than 30 km/h can be suspended on the spot under section 224, where a full licence holder has to reach 45 km/h over.

Provisional drivers also carry a lower demerit point limit than full licence holders, so a single serious speeding offence can wipe out the allowance and end the licence. On top of that, a P2 driver who exceeds the limit by 30 km/h or more can have the provisional period extended by 6 months for each offence. That means a young driver can lose the licence, wear a fine and points, and then spend longer on P plates as well. How the point system and its appeals work is set out in the note on demerit point suspensions and appeals in NSW.

When does speeding become a criminal offence in NSW?

A speeding fine is not a criminal conviction. It is a penalty notice, and paying it leaves no criminal record. But speed can be the fact that turns a driving matter into a criminal charge, and those charges are dealt with in court, with a record on conviction. The number on the radar does not create the crime by itself. It is used to prove the manner of driving and the risk it created.

Several offences sit above the infringement line. Furious, reckless or dangerous driving is an offence under section 117 of the Road Transport Act 2013 (NSW), covered in the note on negligent, furious and reckless driving. If a person drives dangerously and causes death or grievous bodily harm, the charge is dangerous driving under section 52A of the Crimes Act 1900 (NSW), set out in the note on dangerous driving occasioning death. Speeding away from police and driving recklessly or at a dangerous speed during a pursuit is a police pursuit offence, known as Skye's Law, under section 51B, discussed in the note on police pursuits and Skye's Law. Predatory driving under section 51A and menacing driving under section 118 of the Road Transport Act round out the group, covered in the note on road rage, predatory and menacing driving. Extreme speed is often the fact that moves a matter from one column to the other.

Can you appeal an immediate licence suspension for speeding?

Yes, but the time is short and the test depends on who suspended you. A driver can appeal a suspension to the Local Court within 28 days under the Road Transport Act 2013 (NSW). Miss the 28 days and the court cannot hear it, even if it accepts the application, so the clock is the first thing to watch.

The bar the court applies is not the same in every case. For a suspension issued by Transport for NSW, such as the ones that follow an exceed 30 or exceed 45 offence detected by camera, the court weighs the circumstances of the offence, the person's driving record, and the genuine need for a licence, and it can lift or shorten the suspension. For a police immediate suspension for exceeding by more than 45 km/h, the court cannot set it aside unless satisfied there are exceptional circumstances. Ordinary hardship, even losing work, is usually not enough on its own. The general appeal process, and what the court looks for, is set out in the note on appealing a licence suspension in NSW.

What to do if you are suspended or charged.

Start with the detail, because the margin sets the tier and the tier sets the suspension. Check the recorded speed and the signed limit at that point of road, how the speed was measured, and whether the device was tested and used correctly. A reading a few kilometres out can move an offence from the exceed 45 band to the exceed 30 band, which changes the suspension and the points. School zone timing, roadworks limits, and the accuracy of a mobile device are all things that can be checked rather than assumed.

If a criminal driving charge has been laid, the stakes are higher again, because a conviction carries a record and, for offences like dangerous driving, a possible term of imprisonment. A guilty plea, a bid for a conviction with no further penalty under section 10, or a defended hearing are all live options depending on the facts, and the way the matter is run from the first mention shapes which of them is realistic. The ACT treats excessive speed and vehicle seizure under its own scheme, set out in the note on excessive speed and vehicle seizure in the ACT. If you have been suspended or charged in NSW, get advice well before the 28-day appeal period runs, not after it.

Frequently asked.

How much over the speed limit before you lose your licence in NSW?

Two tiers carry a suspension on top of the fine. Exceeding the limit by more than 30 km/h brings 5 demerit points and a minimum 3-month suspension. Exceeding by more than 45 km/h brings 6 demerit points and a minimum 6-month suspension. Learner and provisional drivers face suspension at lower margins and have lower demerit point limits.

Can police take my licence at the roadside for speeding?

Yes. Under section 224 of the Road Transport Act 2013 (NSW) a police officer can issue an immediate suspension notice and confiscate the licence for exceeding by more than 45 km/h, for a learner or provisional driver exceeding by more than 30 km/h, and for serious alcohol, death or grievous bodily harm, street racing and aggravated burnout offences. The notice can be given at the scene or within 48 hours.

Does a speeding fine give you a criminal record?

No. A speeding penalty notice is a fine and demerit points, not a criminal conviction. It only becomes a criminal matter if you are charged with a court offence such as furious, reckless or dangerous driving, dangerous driving occasioning death or grievous bodily harm, a police pursuit, predatory driving or menacing driving. Those are dealt with in court and can carry a record.

How long does an excessive speed suspension last in NSW?

Exceeding the limit by more than 30 km/h carries a minimum 3-month suspension. Exceeding by more than 45 km/h carries a minimum 6-month suspension. For a learner or P1 driver any speeding offence carries a minimum 3-month suspension. These minimums apply on top of the fine and demerit points.

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

Yes, within 28 days to the Local Court under the Road Transport Act 2013 (NSW). For a Transport for NSW suspension the court weighs the offence, your record and your need for a licence. For a police immediate suspension for exceeding by more than 45 km/h the court will only lift it if there are exceptional circumstances, which is a higher bar than ordinary hardship.

What happens to a P-plater who speeds by more than 30 km/h?

A learner or provisional driver who exceeds the limit by more than 30 km/h can be suspended on the spot by police under section 224. Any speeding offence for a learner or P1 driver carries a minimum 3-month suspension and 4 demerit points, and a P2 driver who exceeds by 30 km/h or more can have the provisional period extended by 6 months for each offence.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Brady & Associates Lawyers, as at 18 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

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