Speeding fines are expensive and sometimes can be unfair, but there are some ways you may be able to get out of paying them. Section 24A of the Fines Act 1996 states that you can request a review of your penalty notice up until the due date on your penalty reminder notice.
In NSW, if you have had a clean driving record for 10 years or more, you may be able to get away with not paying the fine if you provide evidence to prove such. This applies to offences that give you demerit points. It also applies to parking, traffic light, seat belt, T-way, bus lane and negligent driving offences. However, international licenses are not considered.
There are some offences that are considered too serious where this provision does not apply, these offences also are not usually handled with leniency. They include:
- School zone offences
- Pedestrian crossing parking offences
- Offences involving use of mobile phone while driving
- Doing ‘burnouts’
- Speeding more than 30 km/hr over the speed limit
Speeding fines can also be dealt with leniency or cancelled if you had a medical emergency. You will need to provide evidence from a medical authority supporting the circumstances as proof.
Appealing to the Court
P1 drivers caught speeding will have their license suspended for 3 months minimum. You can, however, appeal in the Local Court against the suspension of your license.
Examples of relevant information to provide the court, as per the SDR review guidelines, are:
- Your driving record
- Why you would need your driver’s licence
- You should give in a letter from your employer if you drive to work, or
- A medical certificate from a doctor if you need your driver’s licence as someone’s carer
- The hardship you will suffer without your licence
- The hardship someone else will suffer if you don’t have your licence
- Whether you have access to public transport
- Why you believe you are of good character
However, it not advisable that you approach the court unprepared. If your matter is going to court, then it is a good idea to seek legal advice.
Faulty speed camera
Even though it is rare, you may be the lucky one to have encountered a faulty speed camera. In this case, you should apply to the SDRO to review the penalty. Make sure you do this before the due date of your fine.
You could apply to the court if your application is unsuccessful with the SDRO. However, matters of the court are not to be taken lightly and seeking legal advice is a recommended option.
How to apply for a review
According to SDR’s NSW guide, you can request a review through:
- writing to SDR, PO Box 786, Strawberry Hills. NSW 2012
- over the phone for claims of wrong vehicle reported or clear NSW driving record of at least 10 years on 1300 138 118.