P Plate Speeding Licence Appeal
Speeding by 10 km/h or more breaches a provisional licence. Whether the driver gets a Safer Driver Agreement or can appeal to the Magistrates Court depends on the speed band and the driver's history.
Speeding on P plates in South Australia: points, disqualification and appeals
Speeding by 10 km/h or more on P plates breaches a provisional licence condition and brings a 6 month disqualification notice under section 81B of the Motor Vehicles Act 1959 (SA). On a licence issued after a Safer Driver Agreement or a successful appeal, the period is 12 months. The speed band decides the route. A first offence of 10 to 19 km/h over usually qualifies for a Safer Driver Agreement instead. At 20 km/h or more over, no agreement is available and the route is an appeal to the Magistrates Court under section 81BB.
For a P plate driver caught speeding, the speed band decides the route and the evidence decides the result. We check both before the notice takes effect.
Every hour matters. Book a same-day free 30-minute consultation or call (08) 7094 2021 to speak with a senior traffic lawyer.
P plate speeding: key facts
| Issue | Position in South Australia |
|---|---|
| The speed condition | A provisional driver must not exceed the speed limit by 10 km/h or more (section 81A(4)(b)). |
| Maximum speed | A provisional driver must not drive faster than 100 km/h, even where the limit is higher. That is a separate offence under section 81A(11), not a licence condition. |
| Demerit point limit | 4 or more demerit points while on a provisional licence also triggers disqualification. |
| Disqualification | 6 months under section 81B. A breach on a licence issued after a Safer Driver Agreement or a successful appeal brings 12 months (sections 81BA(4) and 81BB(8)). The notice states the period. |
| Speeding 10 to 19 km/h over | 3 demerit points. A first offence usually qualifies for a Safer Driver Agreement, which rules out an appeal. |
| Speeding 20 km/h or more over | 5 or more demerit points: a serious disqualification offence. No agreement; appeal under section 81BB, unless a 5 year bar applies. |
| Speeding 45 km/h or more over | 9 demerit points and an automatic loss of licence for six months, separate from the provisional disqualification. |
| The appeal test | Severe and unusual hardship on sworn evidence, and a driving record that does not indicate a substantial risk (section 81BB(4)). |
Last verified on 11 October 2026.
On this page
What are the fines and demerit points for each speed band?
The fines and demerit points below are those in force from 1 July 2026, set beside the provisional licence consequence of each band. The expiation fees exclude the Victims of Crime levy, which is $108 for drivers 18 and over and $20 for drivers under 18.
| Over the limit by | Expiation fee | Demerit points | Provisional licence consequence | Agreement or appeal |
|---|---|---|---|---|
| Less than 10 km/h | $215 | 2 | Not a condition breach, but the points count towards the 4 point limit | If the limit is reached, usually an agreement for a first disqualification |
| 10 km/h or more but less than 20 km/h | $484 | 3 | Breaches the speed condition: 6 month disqualification notice | Usually an agreement for a first offence; an appeal if the driver has already been convicted of or expiated a 3 point speeding offence on the same licence, or was disqualified before |
| 20 km/h or more but less than 30 km/h | $987 | 5 | Breaches the speed condition, and 5 points exceeds the limit | Serious disqualification offence: appeal under section 81BB |
| 30 km/h or more but less than 45 km/h | $1,793 | 7 | As above | Serious disqualification offence: appeal under section 81BB |
| 45 km/h or more | $2,018 | 9 | As above, plus an automatic loss of licence for six months | Serious disqualification offence: appeal against the section 81B disqualification only |
The 10 km/h condition is in section 81A(4)(b). The 100 km/h maximum is a separate offence under section 81A(11), not a licence condition.
When does speeding cost a P plater their licence?
In two ways. Speeding by 10 km/h or more breaches a provisional licence condition, and any speeding offence adds demerit points that can take the driver to 4 or more. Either way, section 81B requires the Registrar of Motor Vehicles to give a notice of disqualification. The Registrar has no discretion, as Kourakis J explained in Holden v Registrar of Motor Vehicles [2011] SASC 205 at [9].
Section 81B sets the period at 6 months. A breach on a licence issued after a Safer Driver Agreement or a successful appeal brings 12 months (sections 81BA(4) and 81BB(8)). The notice states the period that applies.
Safer Driver Agreement or appeal?
A provisional driver who is, or was, entitled to elect a Safer Driver Agreement cannot appeal (section 81BB(2)(a)). The agreement is not available where the offence is a serious disqualification offence, and section 81BA(6) defines three kinds that catch speeding drivers:
- any offence attracting 4 or more demerit points, which covers speeding by 20 km/h or more;
- a speeding offence attracting 3 or more demerit points, where the driver has already been convicted of or expiated another such speeding offence while holding the same licence; and
- a red light offence and a speeding offence arising from the same incident.
Any offence by a driver previously disqualified in South Australia is also a serious disqualification offence. So, broadly: a first offence of speeding by 10 to 19 km/h usually leads to a Safer Driver Agreement, elected within 21 days of the day specified in the notice (or 28 days with the Registrar’s permission), and speeding by 20 km/h or more leads to the Magistrates Court.
We compare the two routes, including the consequences of a later breach, in Safer Driver Agreement or licence appeal?
Why is speeding by 45 km/h or more different?
Speeding by 45 km/h or more also brings an automatic loss of licence for six months, and police may clamp or impound the vehicle. That consequence is separate from the provisional licence disqualification.
An appeal under section 81BB is an appeal against a disqualification under section 81B (section 81BB(1)). It does not reach a licence loss imposed under another provision. A P plate driver caught at that speed needs advice on both consequences, and on whether the speeding charge itself should be contested.
Speeding interstate
An offence committed outside South Australia can still breach a South Australian licence. In Cavill v Registrar of Motor Vehicles [2013] SASC 33 at [3] and [4], a probationary driver was caught speeding in Victoria by 15 km/h or more, which, under the law as it then stood, breached a condition of his South Australian licence, and the Registrar issued a 6 month disqualification notice under section 81B.
What does the court look at in a speeding appeal?
The court must be satisfied, on sworn evidence, that the disqualification would cause severe and unusual hardship to the driver or a dependant, and the evidence must cover the transport that would be available and why it would not do (section 81BB(4)(a) and (5)). If the Registrar of Motor Vehicles produces the driving record, the court must also be satisfied that it does not indicate a substantial risk (section 81BB(4)(b)).
For speeding drivers the risk limb is often where the argument lies. Holden is an example. The triggering offence was speeding by more than 10 km/h on a wide, straight, well-sealed regional highway ([7]). The magistrate found a substantial risk because the record showed consistent offending over six years, many of them speeding offences ([13]). On appeal, Kourakis J found no substantial risk: the driver had committed no further offence for two years, the triggering offence did not involve significant risk to the public, and her family circumstances made risky driving less likely ([15]). The appeal was allowed.
Evidence that helps on the risk limb includes an honest account of the offence, a road safety course, a period without further offences and a practical change that addresses why the speeding happened; our licence appeal evidence checklist sets out the documents. Our published results include a P2 appeal arising from speeding by 20 km/h or more and an appeal for a young driver caught speeding on a country road.
Can the speeding offence itself be challenged?
A driver who pays the expiation notice accepts the demerit points. A driver who elects to be prosecuted can contest the offence or, if convicted, ask the court to reduce the demerit points. That power is narrow: it turns on the circumstances of the offence, not the driver’s need for a licence, and ordinary speeding rarely qualifies, as our guide to trifling offences and other proper cause explains.
The decision whether to expiate or contest should be made before the notice is paid, because once it is paid the points are recorded. Our demerit point reduction page covers the process.
Case law
| Case | Court | What the case shows | Pinpoint |
|---|---|---|---|
| Holden v Registrar of Motor Vehicles [2011] SASC 205 | Supreme Court (Kourakis J) | Speeding over 10 km/h on a provisional licence; no substantial risk despite a speeding history; appeal allowed on rehearing | [7], [9], [13] to [15], [22] |
| Cavill v Registrar of Motor Vehicles [2013] SASC 33 | Supreme Court (Blue J) | Background: a Victorian speeding offence led to a section 81B notice on a South Australian probationary licence; appeal dismissed for want of severe and unusual hardship | [3] to [4], [32] to [33] |
| Registrar of Motor Vehicles v Magistrates Court of South Australia [2019] SASC 142 | Supreme Court (Doyle J) | No right of appeal against a 12 month disqualification under section 81BB(8) | [24] to [26] |
Frequently asked questions
How many demerit points is speeding on P plates?
The same as for any driver: 2 points for less than 10 km/h over, 3 for 10 to 19 km/h, 5 for 20 to 29 km/h, 7 for 30 to 44 km/h and 9 for 45 km/h or more. The difference for P plate drivers is the consequence.
Do P platers lose their licence for speeding 10 km/h over?
Yes. Exceeding the limit by 10 km/h or more breaches a provisional licence condition and leads to a 6 month disqualification notice, although a first offence in the 10 to 19 km/h band usually qualifies for a Safer Driver Agreement.
Can a Safer Driver Agreement be used for speeding?
Yes, for a first offence that is not a serious disqualification offence. Speeding by 20 km/h or more attracts 5 or more points and is a serious disqualification offence, so no agreement is available.
Can a P plate speeding disqualification be appealed?
Yes, where the driver is not eligible for a Safer Driver Agreement and no 5 year bar applies. That usually means speeding by 20 km/h or more, a repeat speeding offence, or a driver previously disqualified in South Australia.
What is a serious disqualification offence?
An offence against the Criminal Law Consolidation Act, an offence attracting 4 or more demerit points, a second speeding offence attracting 3 or more points on the same licence, red light and speeding offences from the same incident, or any offence by a driver previously disqualified in South Australia.
Does speeding interstate count?
It can. In Cavill v Registrar of Motor Vehicles [2013] SASC 33, speeding in Victoria breached a condition of the driver’s South Australian probationary licence under the law as it then stood, and led to a disqualification notice under section 81B.
What happens at 45 km/h or more over the limit?
Speeding by 45 km/h or more carries 9 demerit points and an automatic loss of licence for six months, with possible clamping or impounding of the vehicle. That loss is separate from the provisional disqualification, which is the only disqualification a section 81BB appeal can address.
Do I need a lawyer for a P plate speeding appeal?
The law does not require one. Speeding appeals often turn on the driving record, and we prepare evidence that answers the risk question as well as the hardship one.
Speak with a licence appeal lawyer
If you were caught speeding on P plates, speak with us before you pay the expiation notice if you can, and before the disqualification takes effect if the notice has arrived.
Book a same-day free 30-minute consultation or call (08) 7094 2021.
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