Speeding Offences SA: Fines, Demerit Points and Losing Your Licence
Speeding offences in South Australia
A speeding notice in South Australia carries an expiation fee of $215 to $1,793 and 2 to 7 demerit points, and driving 45 km/h or more over the limit can bring an immediate police licence suspension and, on conviction, a disqualification of at least 6 months. Talon Legal advises drivers on speeding notices and defends speeding charges in Magistrates Courts across South Australia. Book a same-day free 30-minute consultation or call (08) 7094 2021.
Speeding offences key facts
| Issue | Position in South Australia |
|---|---|
| Governing law | Rule 20 of the Australian Road Rules; the Road Traffic Act 1961 (SA); section 19ADA of the Criminal Law Consolidation Act 1935 (SA); the Motor Vehicles Act 1959 (SA). Current to 7 November 2026. |
| The offence | Driving over the speed limit applying to the driver for the length of road (rule 20). |
| Less than 10 km/h over | Expiation fee $215; 2 demerit points. |
| 10 km/h or more but less than 20 km/h over | Expiation fee $484; 3 demerit points. |
| 20 km/h or more but less than 30 km/h over | Expiation fee $987; 5 demerit points. |
| 30 km/h or more over | Expiation fee $1,793; 7 demerit points. |
| 45 km/h or more over | Excessive speed (section 45A): $2,018; 9 demerit points; a police suspension of up to 6 months; on conviction, at least 6 months disqualification. |
| Extreme speed | 55 km/h or more over a limit of 60 km/h or less, or 80 km/h or more over a higher limit (section 19ADA): up to 3 years imprisonment, or 5 if aggravated; on conviction, at least 2 years disqualification. |
| Court maximum | A fine of up to $5,000 for a speeding offence under the Australian Road Rules (regulation 67(a)). |
| Demerit points | 12 or more for offences within 3 years: a disqualification of 3, 4 or 5 months, or a 12 month good behaviour election (sections 98BC and 98BE of the Motor Vehicles Act). |
| Learners and P-platers | 10 km/h or more over a limit, or 4 demerit points (2 on a probationary licence): a 6 month disqualification and cancellation (section 81B). A provisional licence holder may be able to enter a Safer Driver Agreement instead, but not for an offence carrying 4 or more demerit points (section 81BA). |
| Time to pay | 28 days from, and including, the date of the notice (section 6(1)(c) of the Expiation of Offences Act 1996 (SA)). |
| First step | Same-day free 30-minute consultation. Call (08) 7094 2021. |
Charged with a speeding offence? What the law says
The basic speeding offence is rule 20 of the Australian Road Rules. Higher speeds bring separate offences: excessive speed, at 45 km/h or more over the limit, under section 45A of the Road Traffic Act 1961 (SA), and extreme speed under section 19ADA of the Criminal Law Consolidation Act 1935 (SA). This guide sets out speeding offences SA law in one place: how the limit is set, the fees and demerit points, camera notices, the options on a notice, the rules for learners and P-platers, and when police can take a licence on the spot. It states the law current to 7 November 2026.
Fees and levies on this page are those in force from 1 July 2026, and demerit points are those in Schedule 4 of the Motor Vehicles Regulations 2025.
Free Consultation. Paying a notice brings the demerit points with it, so advice is best taken before the 28 days run out. Book a same-day free 30-minute consultation or call (08) 7094 2021.
Speeding guides
- Excessive speed: 45 km/h or more over, the police suspension and the court minimums.
- Extreme speed: section 19ADA, imprisonment and at least 2 years off the road.
- Contesting a speeding fine: review, election and proof of speed in court.
- Immediate loss of licence appeal: lifting a police notice in the Magistrates Court.
On this page
- What counts as speeding in South Australia?
- How is the speed limit set?
- What are the penalties for speeding offences in SA?
- Is a faulty speedometer a defence?
- How do camera notices differ from a police stop?
- What are the options on a speeding expiation notice?
- How do demerit points work for speeding?
- What happens to learners and P-platers caught speeding?
- When can police take a licence on the spot?
- What happens if a speeding charge goes to court?
- How similar cases tend to play out
- How we defend a speeding charge
- Speeding case law
- Frequently asked questions
What counts as speeding in South Australia?
Speeding is driving faster than the speed limit that applies to the driver on the length of road being driven. Rule 20 says: “A driver must not drive at a speed over the speed limit applying to the driver for the length of road where the driver is driving.” The Australian Road Rules are made under section 80 of the Road Traffic Act.
The rule applies however the speed is detected. In Police v Young [2012] SASC 210, the Supreme Court held that rule 20 is not limited to offences detected by photographic equipment ([121] to [125]). The Road Traffic Act makes certificates about speedometers, cameras and other speed analysers proof of their accuracy unless the contrary is proved (section 175(3)), and an average speed camera reading is conclusively presumed to be the vehicle’s actual speed along the whole route (section 175A).
How is the speed limit set?
The limit is the one shown on a speed limit sign, or set for a speed limited area, a school zone or a shared zone, and where none of those applies it is the default limit (rules 21 to 25). The default is 50 km/h in a built-up area and 100 km/h elsewhere, unless another law provides otherwise (rule 25(2), (3)). A sign applies until the next different speed limit sign, an end speed limit or derestriction sign, or the end of the road at a T-intersection or dead end (rule 21(3)).
In Dinovitser v Police [2013] SASC 9, a conviction for 59 km/h under the 50 km/h default stood because the prosecution proved that no speed limit sign applied and the road was not in a speed limited area ([25], [41]).
A 25 km/h limit applies when passing a stopped school bus (section 82 of the Road Traffic Act) or a stopped breakdown services vehicle showing a flashing amber light (section 82A). In an emergency service speed zone the limit is 25 km/h, or less if needed to avoid danger (section 83). The expiation fees for those offences follow the rule 20 bands.
Buses over 5 tonnes and other vehicles over 12 tonnes gross vehicle mass are capped at 100 km/h where a sign shows more (rule 21(2)). Truck and bus speeding is covered on the heavy vehicle speeding page.
Learner’s permit and provisional licence holders must not exceed 100 km/h anywhere (sections 75A(16) and 81A(11) of the Motor Vehicles Act 1959 (SA)), and a condition of the permit or licence is that the holder must not exceed any limit by 10 km/h or more (sections 75A(10)(b) and 81A(4)(b)). Driving over 100 km/h, or contravening a provisional licence condition, carries a maximum fine of $1,250 (sections 75A(16), 81A(9) and 81A(11)).
What are the penalties for speeding offences in SA?
Speeding carries an expiation fee and demerit points fixed by how far over the limit the driver was, and the higher bands bring court penalties and licence loss. Fees are those in force from 1 July 2026 under Schedule 4 of the Road Traffic (Miscellaneous) Regulations 2014, and the points those in Schedule 4 of the Motor Vehicles Regulations 2025.
| Speed over the limit | Offence | Expiation fee | Demerit points |
|---|---|---|---|
| Less than 10 km/h | Speeding (rule 20) | $215 | 2 |
| 10 km/h or more but less than 20 km/h | Speeding (rule 20) | $484 | 3 |
| 20 km/h or more but less than 30 km/h | Speeding (rule 20) | $987 | 5 |
| 30 km/h or more | Speeding (rule 20) | $1,793 | 7 |
| 45 km/h or more | Excessive speed (section 45A) | $2,018, or $2,098 for a road train on a prescribed road | 9 |
| 55 km/h or more over a limit of 60 km/h or less, or 80 km/h or more over a higher limit | Extreme speed (section 19ADA) | None fixed; the case goes to court | None prescribed |
A camera offence charged against the owner under section 79B carries the same fee as the speeding offence itself (Schedule 4, clause 2).
Excessive speed
On conviction, a first basic offence brings a fine of not less than $3,000 and not more than $5,000 and a disqualification of at least 6 months. An aggravated first offence, or a subsequent offence, carries up to 2 years imprisonment and at least 2 years disqualification. The disqualification cannot be reduced and cancels the licence (section 45A(1), (3)). See excessive speed.
Extreme speed
Since 16 December 2021, extreme speed has been a minor indictable offence under section 19ADA, with a maximum of 3 years imprisonment, or 5 years if aggravated, and no fine (section 5(3)(a)(ii) of the Criminal Procedure Act 1921 (SA)). A conviction brings a disqualification of at least 2 years, or 5 years for an aggravated or subsequent offence, that cannot be reduced (section 19ADA(5)). See extreme speed.
Dangerous driving
Speed alone can found a charge under section 46 of the Road Traffic Act, which carries 6 demerit points. In Police v Pimlott [2011] SASC 214, the driver was convicted after trial of driving at a speed dangerous to the public, detected by laser at 176 km/h, and on a police appeal the 12 month disqualification was increased to 18 months ([2] to [4], [20] to [21]). See driving at a speed dangerous.
Is a faulty speedometer a defence?
No. Speeding is an absolute liability offence, so an honest and reasonable belief that the car was under the limit is not a defence.
In Vandenbergh v Police [2005] SASC 197, the Supreme Court held that the speeding offences gave rise to absolute liability, so the defence of honest and reasonable mistake was not available ([33]). It would also have failed on the facts, because the driver knew his speedometer was unreliable and did nothing about it ([34], [39]). Jameson v Police [2016] SASC 5 says the same: “Speeding offences impose absolute liability and the defence of reasonable mistake of fact is not available” ([36]).
What can be challenged is the prosecution’s proof: whether the device was accurate and properly operated, whether the stated limit applied, and, for a camera notice, the owner’s exceptions. Those challenges are explained on contesting a speeding fine.
How do camera notices differ from a police stop?
When police stop a driver, the driver is given the notice or charged. When a camera detects the vehicle, the owner is guilty of an offence under section 79B(2) of the Road Traffic Act unless the owner proves an exception. Speeding under the Australian Road Rules is a prescribed offence for this purpose (regulation 30(2)(c) of the Road Traffic (Miscellaneous) Regulations 2014), and excessive speed is named in section 79B(1) itself.
The owner is not liable if the owner proves that no offence was in fact committed, or nominated the driver in the approved form within 28 days after the expiation notice (14 days after a reminder notice, or 28 days after a summons where no expiation notice was given), or does not know and could not by reasonable diligence have found out who was driving and has given the Commissioner of Police a statutory declaration with the reasons and the inquiries made (section 79B(2)). A false or misleading nomination carries a maximum penalty of $25,000 or 4 years imprisonment (section 79B(14)).
An owner who is a natural person incurs the demerit points prescribed for the speeding offence (section 98B(1aa) of the Motor Vehicles Act). If the driver is found guilty of, or expiates, the speeding offence, no one is liable for the owner offence, and the reverse also applies (section 79B(7), (8)).
The presumption does not lower the standard of proof. In Police v Schwerdt [2022] SASC 73, the Court said section 79B(2) creates a rebuttable presumption that the owner is responsible but does not change the elements, which the prosecution must prove beyond reasonable doubt, ownership included ([33]).
What are the options on a speeding expiation notice?
There are three: pay the fee, apply for a review on the ground that the offence is trifling, or elect to be prosecuted.
The fee is due within 28 days from, and including, the date of the notice, not the date it arrives (section 6(1)(c) of the Expiation of Offences Act 1996 (SA)). If a notice arrives after that period, or never arrives, because of the authority’s error or a postal or email failure, the authority must withdraw it unless an amount has been paid (section 16(6), (7)).
A review under section 8A asks the issuing authority to withdraw the notice because the offence is trifling. The authority may ask for information verified by statutory declaration, and must withdraw the notice if satisfied the offence is trifling, but not once any amount has been paid (section 8A(2), (3), (5) and (6)).
An election to be prosecuted, on the form that must come with the notice, withdraws the notice for that offence, and the case is then decided in court (sections 6(1)(k), 8(1) and 8(3)). It cannot be made after a payment arrangement or an enforcement determination (section 8(2)).
Paying is not an admission of guilt and cannot be referred to in a report to a court for sentencing (section 15(4)). It still counts: demerit points are incurred on expiation as on conviction (section 98B(1) of the Motor Vehicles Act), and an expiated excessive speed or dangerous driving offence is a prior for 5 years (section 45A(4) of the Road Traffic Act). Choosing between the options is the subject of contesting a speeding fine.
How do demerit points work for speeding?
Demerit points are incurred on conviction for, or expiation of, a prescribed offence, in the number the regulations prescribe (section 98B(1) of the Motor Vehicles Act). Schedule 4 of the Motor Vehicles Regulations 2025 prescribes 2, 3, 5 or 7 points for speeding according to the band, 9 for excessive speed and 6 for dangerous driving under section 46(1). It prescribes none for extreme speed. Where several offences arise from one incident, points are incurred only for the offence carrying the most, except that a red light offence and a speeding offence from the same incident both count (section 98B(3), (3a)).
Incurring 12 or more points for offences within 3 years brings a disqualification of 3 months for 12 to 15 points, 4 months for 16 to 19, and 5 months for 20 or more (section 98BC). A licence holder given a notice under section 98BD(2) can elect instead, within 21 days (28 days with permission), to accept a 12 month good behaviour condition, but 2 or more points while it applies brings twice the disqualification (section 98BE(2), (2a)). In Bialobrzeski v Police [2016] SASC 99, a further 3 points on the condition doubled the disqualification to 6 months ([2], [4]).
A court can order fewer points, or none, only when it convicts, and only if satisfied by evidence on oath given immediately on conviction that the offence is trifling or that other proper cause exists (section 98B(4)). The power is not available on expiation. A driver who elects and pleads guilty, even as a plea of convenience, incurs the points unless that order is made (Jameson at [38]), and a decision not to record a conviction does not avoid them (Heyne v Police [2019] SASC 52 at [42]). A typical offence of 15 km/h over is not trifling, and proper cause must come from the offence, not the offender (Jameson at [41] to [44]), so personal hardship does not count (Commissioner of Police v Ellis [2024] SASC 87 at [13] to [16]). The application is covered on demerit point reduction.
A sentencing court must not take into account that demerit points will follow from the conviction (section 98BH).
What happens to learners and P-platers caught speeding?
A learner or provisional driver who is 10 km/h or more over the limit, or who reaches 4 demerit points, is disqualified for 6 months and loses the permit or licence. Exceeding a limit by 10 km/h or more contravenes a condition of the permit or licence (sections 75A(10)(b) and 81A(4)(b)).
When the holder of a learner’s permit, provisional licence or probationary licence commits or expiates an offence of contravening a condition, or points recorded while holding a learner’s permit or provisional licence reach 4 or more (2 or more on a probationary licence), the Registrar of Motor Vehicles must give written notice that the holder is disqualified for 6 months and that the permit or licence is cancelled (section 81B(1)). The duty arises on becoming aware of the offence and is to be carried out with all convenient speed (Helbers v Registrar of Motor Vehicles [2012] SASC 185 at [55], [64]).
A provisional licence holder is entitled to enter a Safer Driver Agreement in place of the disqualification, by notice to the Registrar within 21 days of the day specified in the disqualification notice (28 days with the Registrar’s permission), unless the offence is a serious disqualification offence or the driver has entered an agreement, or had a section 81B appeal allowed, in the previous 5 years (section 81BA(1), (2)). A serious disqualification offence includes any offence attracting 4 or more demerit points, so speeding by 20 km/h or more, and a speeding offence attracting 3 or more points where the holder has already been convicted of or expiated another such offence while holding the same licence (section 81BA(6)). The choice is compared on Safer Driver Agreement or licence appeal.
Holding a learner’s permit, provisional licence or probationary licence also makes excessive speed an aggravated offence (section 45A(4a)(b)(vii) of the Road Traffic Act), and does the same for extreme speed (section 5AA(1d)(b)(iv) of the Criminal Law Consolidation Act). P plate speeding and the licence appeal are covered on P plate speeding licence appeal and drivers licence appeal.
When can police take a licence on the spot?
For excessive speed and for extreme speed. Each has its own police notice, which suspends the licence of a licence holder and disqualifies a driver who holds no licence.
Excessive speed notices (section 45B)
A police officer who reasonably believes a person has committed excessive speed may give a notice of licence disqualification or suspension (section 45B(1)(a), (2)), and a notice may also follow a camera expiation notice given to the owner (section 45B(1)(b)). An officer’s notice takes effect when given, or 48 hours later if postponed; a camera-based notice takes effect 28 days after it is given. It ends when the case is decided, withdrawn or discontinued, and at the latest after 6 months (section 45B(10)).
Only the camera-based notice can be taken to the Magistrates Court under section 47IAB. The Commissioner of Police may withdraw any section 45B notice given in error, defective, or that should not have been given for other proper cause (section 45B(13)). On a conviction, the court must take the notice period into account and may go below the minimum disqualification by that time (section 45B(7)).
Extreme speed notices (section 19AF)
A police officer who reasonably believes a person has committed extreme speed may give a notice under section 19AF of the Criminal Law Consolidation Act. It takes effect when given and ends on a court order, a decision not to charge, or the end of the case, and at the latest after 12 months (section 19AF(17)). A court can end it early only if satisfied, on evidence on oath, that exceptional circumstances exist and that the person does not pose a substantial risk to other members of the public (section 19AF(6)).
Driving during either notice is an offence with a maximum of 12 months imprisonment for a first offence (section 91(5a) of the Motor Vehicles Act). The court applications are explained on immediate loss of licence appeal.
What happens if a speeding charge goes to court?
A magistrate decides the case. A breach of the Australian Road Rules is a summary offence (Moran v Police [2010] SASC 269 at [12]), and the maximum fine for a speeding offence under the Rules is $5,000 (regulation 67(a) of the Road Traffic (Road Rules-Ancillary and Miscellaneous Provisions) Regulations 2014).
A conviction for a summary offence attracts a victims of crime levy of $287, against $108 for an expiated summary offence (Schedule 1 of the Victims of Crime (Fund and Levy) Regulations 2018), and can bring prosecution costs and court fees (Ellis at [33]). The demerit points are the same either way, and a reduction under section 98B(4) is possible only after a conviction.
Police must commence the prosecution within 6 months after the expiation period on the notice ends, or within 6 months of the offence if no notice was given (section 52(1)(a) of the Criminal Procedure Act).
How similar cases tend to play out
Three illustrations of how rule 20 and the related provisions apply on ordinary facts. They are not predictions. The result depends on the evidence, the person’s history and the court.
Lower range. A fixed camera records a car at 57 km/h in a 50 km/h zone. The owner receives an expiation notice for the owner offence under section 79B(2): $215 and 2 demerit points. If someone else was driving, the owner can nominate that person within 28 days (section 79B(2)(b)), and the authority can then withdraw the notice and give one to the driver (section 16(1)(ab), (12) of the Expiation of Offences Act).
Middle range. A provisional licence holder is stopped by police at 76 km/h in a 60 km/h zone: $484 and 3 demerit points, which alone stay below the 4 point threshold. Being 16 km/h over also contravenes the provisional licence condition (section 81A(4)(b)), so once that offence is committed or expiated the Registrar must disqualify the driver for 6 months and cancel the licence (section 81B(1)). Unless the driver has been disqualified before, has a previous speeding offence of 3 or more points on the same licence, or has had an agreement or a successful appeal in the past 5 years, a Safer Driver Agreement can be elected instead (section 81BA).
Upper range. A driver alone in the car is detected by police laser at 108 km/h in a 60 km/h zone, 48 km/h over. That is excessive speed (section 45A), and the officer can suspend the licence on the spot (section 45B). The expiation fee is $2,018 with 9 demerit points; a conviction for a first basic offence brings a fine of $3,000 to $5,000 and at least 6 months disqualification, with credit for time under the notice (section 45B(7)). At 115 km/h it would be extreme speed (section 19ADA).
How we defend a speeding charge
Most speeding cases turn on the measurement, the limit, the identity of the driver and the points. We look at each of them before advising whether to pay, seek a review or elect.
| Stage | What happens | What we do |
|---|---|---|
| Notice | An expiation notice arrives, or police report the driver for a charge. | Check the dates, the offence described and the speed band, and work out the points position. |
| Decision | Pay, seek a review, nominate the driver or elect. | Advise on each option before the 28 days run out. |
| Disclosure | Photographs, certificates, device and testing records. | Test them against sections 79B(10) and 175(3). |
| Hearing or plea | The Magistrates Court hears the case or takes a plea. | Run the defence, or negotiate the charge and the facts. |
| Penalty and points | Fine, any disqualification and the demerit points. | Make any section 98B(4) application, and seek credit for any police notice. |
We cannot promise a particular result, and no lawyer can. We can make sure the prosecution proves its case, and that a driver chooses between paying and electing knowing what each costs in points and licence time.
Every hour matters. Book a same-day free 30-minute consultation, or call (08) 7094 2021 now.
Speeding case law
These are the decisions this guide relies on. The case notes state what each court decided.
| Case | Court | Principle | Pinpoint |
|---|---|---|---|
| Police v Young [2012] SASC 210 | Supreme Court | Rule 20 applies to speeding however it is detected | [121] to [125] |
| Dinovitser v Police [2013] SASC 9 | Supreme Court | The 50 km/h default applied where no sign or area limit applied | [25], [41] |
| Vandenbergh v Police [2005] SASC 197 | Supreme Court | Speeding is an absolute liability offence | [33] to [34], [39] |
| Jameson v Police [2016] SASC 5 | Supreme Court | Absolute liability; points follow a guilty plea unless a section 98B(4) order is made | [36], [38], [41] to [44] |
| Moran v Police [2010] SASC 269 | Supreme Court | A breach of the Australian Road Rules is a summary offence for a magistrate | [12] |
| Police v Schwerdt [2022] SASC 73 | Supreme Court | The owner presumption does not change the elements the prosecution must prove | [33] |
| Heyne v Police [2019] SASC 52 | Supreme Court | Not recording a conviction does not avoid demerit points | [40] to [42] |
| Commissioner of Police v Ellis [2024] SASC 87 | Supreme Court | Proper cause relates to the offence; hardship does not count | [13] to [16], [33] |
| Bialobrzeski v Police [2016] SASC 99 | Supreme Court | Points during a good behaviour condition doubled the disqualification | [2], [4] |
| Helbers v Registrar of Motor Vehicles [2012] SASC 185 | Supreme Court | The Registrar acts under section 81B on becoming aware of the offence | [55], [64] |
| Police v Pimlott [2011] SASC 214 | Supreme Court | 176 km/h as dangerous driving; disqualification increased to 18 months | [2] to [4], [13], [20] to [21] |
Case notes
Police v Young [2012] SASC 210
Rule 20 applies to any speeding however it is detected; the regulations’ definition of a speeding offence does not confine it to offences detected by photographic equipment ([121] to [125]). The appeal was dismissed ([127]).
Dinovitser v Police [2013] SASC 9
A camera recorded the car at 59 km/h. The prosecution proved that no speed limit sign applied and that the road was not in a speed limited area, so the 50 km/h default applied ([25], [41]). The appeal was dismissed ([42]).
Vandenbergh v Police [2005] SASC 197
The speeding offences gave rise to absolute liability, so honest and reasonable mistake was not available ([33]). It would have failed on the facts anyway, because the driver knew his speedometer was unreliable ([34], [39]).
Jameson v Police [2016] SASC 5
A driver detected 15 km/h over elected to be prosecuted, pleaded guilty and incurred 3 demerit points ([2], [14], [42]). The Court said speeding offences impose absolute liability ([36]), that a guilty plea of convenience still incurs the points unless a section 98B(4) order is made ([38]), and that a typical 15 km/h offence is not trifling ([41] to [44]).
Moran v Police [2010] SASC 269
A breach of the Australian Road Rules is a summary offence, so a hearing before a magistrate was appropriate ([12]). The appeal was dismissed ([26]).
Police v Schwerdt [2022] SASC 73
An owner given a notice for 110 km/h in a 90 km/h zone elected to be prosecuted, and the information mistyped the registration number, which is not an element ([3], [28] to [29]). Section 79B(2) creates a rebuttable presumption that the owner is responsible but leaves every element, ownership included, to be proved beyond reasonable doubt ([33]).
Heyne v Police [2019] SASC 52
In two camera speeding appeals, proper cause was confined to the circumstances of the offence ([20], [26]), and the demerit points followed from the guilty plea under section 98B(1) whether or not a conviction was recorded ([40] to [42]). On the police cross-appeal, convictions were recorded ([51]).
Commissioner of Police v Ellis [2024] SASC 87
A driver detected at 105 km/h in an 80 km/h zone faced a demerit point disqualification, and the magistrate reduced the points for proper cause ([6] to [7], [10]). Proper cause must relate to the offence, not the offender, so personal hardship to the driver, the family or others cannot count; the reduction was set aside ([13] to [16], [33]).
Bialobrzeski v Police [2016] SASC 99
A driver on a good behaviour condition incurred a further 3 points, which doubled the disqualification to 6 months ([2], [4]). The appeal was dismissed ([29]).
Helbers v Registrar of Motor Vehicles [2012] SASC 185
The Registrar’s duty under section 81B arises on becoming aware of the offence, and where no time is fixed the step must be taken with all convenient speed ([55], [64]).
Police v Pimlott [2011] SASC 214
The respondent was convicted after trial of driving at a speed dangerous to the public, detected by laser at 176 km/h ([2] to [4]). Grossly excessive speed calls for deterrence ([13]), and the 12 month minimum disqualification the magistrate imposed was increased to 18 months ([15], [20] to [21]).
Frequently asked questions
How much is a speeding fine in SA?
From 1 July 2026 the expiation fee is $215 for less than 10 km/h over, $484 for 10 km/h or more but less than 20 km/h, $987 for 20 km/h or more but less than 30 km/h, and $1,793 for 30 km/h or more (Road Traffic (Miscellaneous) Regulations 2014, Schedule 4). Excessive speed, 45 km/h or more over, has a fee of $2,018.
How many demerit points do I lose for speeding?
Two points for less than 10 km/h over, 3 for 10 km/h or more but less than 20 km/h, 5 for 20 km/h or more but less than 30 km/h, and 7 for 30 km/h or more. Excessive speed carries 9 points (Motor Vehicles Regulations 2025, Schedule 4).
How many demerit points before I lose my licence in SA?
Twelve or more points for offences within 3 years brings a disqualification of 3, 4 or 5 months depending on the total (section 98BC of the Motor Vehicles Act). A 12 month good behaviour condition can be elected instead, but 2 or more points during it doubles the disqualification (section 98BE). Learners and provisional drivers are disqualified at 4 points (section 81B).
Does paying a speeding fine mean I admit guilt?
No. Expiation is not an admission of guilt and cannot be referred to in a report to a sentencing court (section 15(4) of the Expiation of Offences Act). The demerit points are still incurred, and an expiated excessive speed offence counts as a prior for 5 years.
What if I was not driving when the camera caught my car?
The owner can nominate the driver, in the approved form, within 28 days after the expiation notice (section 79B(2)(b) of the Road Traffic Act). An owner who could not identify the driver by reasonable diligence can instead give a statutory declaration with the reasons and the inquiries made (section 79B(2)(c)). A false nomination carries up to $25,000 or 4 years imprisonment.
What happens if I am caught speeding on my P plates?
Going 10 km/h or more over any limit contravenes a provisional licence condition, and the Registrar must then disqualify the driver for 6 months and cancel the licence (sections 81A(4)(b) and 81B(1) of the Motor Vehicles Act). Reaching 4 demerit points has the same result. For an offence carrying fewer than 4 points, a Safer Driver Agreement may be available instead, elected within 21 days (section 81BA).
Can police take my licence on the spot for speeding?
Yes, for excessive speed under section 45B of the Road Traffic Act, for up to 6 months, and for extreme speed under section 19AF of the Criminal Law Consolidation Act, for up to 12 months. Driving during the notice carries up to 12 months imprisonment for a first offence (section 91(5a) of the Motor Vehicles Act).
Is speeding a criminal offence in SA?
Speeding under rule 20 is a summary offence heard by a magistrate, and an expiation notice can be given for it. Extreme speed under section 19ADA of the Criminal Law Consolidation Act is a minor indictable offence punishable by imprisonment.
Can I get my demerit points reduced?
Only if convicted. A court can order fewer or no points if satisfied, on evidence on oath given immediately on conviction, that the offence is trifling or that other proper cause exists (section 98B(4) of the Motor Vehicles Act). Hardship from losing the licence does not count (Ellis at [16]).
What is the maximum fine for speeding in court?
Up to $5,000 for a speeding offence under the Australian Road Rules (regulation 67(a) of the Road Traffic (Road Rules-Ancillary and Miscellaneous Provisions) Regulations 2014).
Do I need a lawyer for a speeding offence?
Not always. When the points or the licence are at risk, or the speed was 45 km/h or more over, the choice between paying and electing has lasting effects. We can advise on the evidence and the options before the 28 days run out. Call (08) 7094 2021.
South Australian courts we attend for speeding offences
We defend speeding and excessive speed charges in the Adelaide Magistrates Court and the suburban and regional Magistrates Courts listed below.
Courts we attend
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Related traffic guides and case studies
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Demerit Points Reduced From Three to One for Speeding 13 km/h Over in a 60 Zone
A driver on a good behaviour condition had the demerit points for speeding 13 km/h over a 60 km/h limit reduced from three to one, with no conviction recorded and no six-month disqualification.
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Successful P2 Licence Appeal for Regional Apprentice in Port Lincoln Magistrates Court
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