Excessive Speed SA: 45 km/h Over the Limit (Section 45A)
Excessive speed charges in South Australia
Driving 45 km/h or more over the limit is excessive speed under section 45A of the Road Traffic Act. Police can suspend a licence on the spot for up to 6 months, and a conviction brings a disqualification of at least 6 months, or at least 2 years if the offence is aggravated or a repeat. Talon Legal defends excessive speed charges in Magistrates Courts across South Australia. Book a same-day free 30-minute consultation or call (08) 7094 2021.
Excessive speed key facts
| Issue | Position in South Australia |
|---|---|
| Governing law | Section 45A of the Road Traffic Act 1961 (SA), with sections 45B and 79B. Current to 7 November 2026. |
| The offence | Driving a vehicle at 45 km/h or more over a relevant speed limit (section 45A(1)). |
| Maximum penalty | First basic offence: a fine of $3,000 to $5,000. First aggravated offence, or a subsequent offence: 2 years imprisonment (section 45A(1)). |
| Licence on conviction | At least 6 months (first basic offence) or 2 years (aggravated or subsequent offence); it cannot be reduced and cancels the licence (section 45A(3)). |
| Police notice | A suspension from the notice, or 48 hours later if postponed, or 28 days after a camera-based notice; it ends with the case, and at the latest after 6 months (section 45B). |
| Expiation | $2,018, or $2,098 for a road train on a prescribed road. Paying still incurs 9 demerit points and counts as a prior. |
| Priors | An excessive speed or dangerous driving offence, convicted or expiated, committed in the previous 5 years (section 45A(4)). |
| Aggravated offence | Includes causing harm, escaping police, knowingly carrying a passenger, a learner's permit or provisional or probationary licence, driving knowing of a disqualification, and .08 or more (section 45A(4a)). |
| Camera detected | The owner is liable unless the owner nominates the driver or proves another exception (section 79B(2)). |
| The vehicle | Police can clamp or impound it for 28 days, except where an expiation notice is given. |
| Classification | A summary offence (section 5(2)(b) of the Criminal Procedure Act 1921 (SA)). |
| First step | Same-day free 30-minute consultation. Call (08) 7094 2021. |
Charged with excessive speed? What section 45A covers
Section 45A of the Road Traffic Act 1961 (SA) makes it an offence to drive at 45 km/h or more over a relevant speed limit. This guide sets out excessive speed SA law: the offence, the penalties and the aggravated forms, what expiating means, the police licence suspension, camera prosecutions of owners, the vehicle, and how the speed must be proved. It states the law current to 7 November 2026.
Excessive speed sits between ordinary speeding, covered on the speeding offences SA hub, and extreme speed under section 19ADA of the Criminal Law Consolidation Act 1935 (SA). Fees and levies on this page are those in force from 1 July 2026.
Free Consultation. A police notice can take effect on the spot, and the expiation fee is due within 28 days of the date on the notice. Book a same-day free 30-minute consultation or call (08) 7094 2021.
On this page
- What is excessive speed?
- What is the penalty for excessive speed in SA?
- When is excessive speed aggravated?
- Can excessive speed be expiated?
- When can police suspend the licence on the spot?
- What if a speed camera caught the car?
- Can police take the car?
- How do police prove the speed?
- Can it be charged as dangerous driving?
- What if someone is hurt or killed?
- How similar cases tend to play out
- How we defend an excessive speed charge
- Excessive speed case law
- Frequently asked questions
What is excessive speed?
Excessive speed is driving a vehicle at a speed exceeding a relevant speed limit by 45 km/h or more (section 45A(1)). On its wording, the section does not require proof of any intention.
A “relevant speed limit” is one that applies to the driver under the Road Traffic Act, other than the 25 km/h limits in section 82 (passing a stopped school bus) and section 83 (emergency service speed zones), or under the Motor Vehicles Act 1959 (SA) (section 45A(6)). That takes in the posted and default limits under the Australian Road Rules, made under section 80 of the Road Traffic Act, and on its wording the 100 km/h cap on learners and provisional drivers (sections 75A(16) and 81A(11) of the Motor Vehicles Act).
Passing a stopped breakdown services vehicle, where section 82A sets a 25 km/h limit, is excessive speed only if the driver was also 45 km/h or more over the limit that would otherwise apply (regulation 61AAA of the Road Traffic (Miscellaneous) Regulations 2014). Section 45A operates in addition to the other speed limit provisions (section 45A(5)), and the same driving can found a charge of dangerous driving.
What is the penalty for excessive speed in SA?
A first offence that is not aggravated carries a fine of not less than $3,000 and not more than $5,000. An aggravated first offence, or any subsequent offence, carries up to 2 years imprisonment (section 45A(1)).
| First offence, basic | First offence, aggravated | Subsequent offence | |
|---|---|---|---|
| Maximum penalty | Fine of $3,000 to $5,000 | 2 years imprisonment | 2 years imprisonment |
| Minimum disqualification | 6 months | 2 years | 2 years |
| Demerit points | 9 | 9 | 9 |
The court must disqualify for at least the minimum and may order more. The disqualification “cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence”, and it cancels any licence held (section 45A(3)). The one qualification is the credit for time served under a police notice (section 45B(7)).
The minimum is a floor. In Police v Pimlott [2011] SASC 214, a dangerous driving case at 176 km/h, the Supreme Court increased the 12 month minimum disqualification the magistrate imposed to 18 months ([15], [20] to [21]).
Priors within 5 years
A previous excessive speed offence, or a previous dangerous driving offence under section 46, makes a new offence a subsequent offence. It counts if the driver was convicted of it or expiated it, and it was committed, or alleged to have been committed, in the 5 years before the new offence (section 45A(4)).
Classification, levy and time limit
With a maximum of 2 years imprisonment, excessive speed is a summary offence (section 5(2)(b) of the Criminal Procedure Act 1921 (SA)). The victims of crime levy is $287 on a conviction and $108 on expiation (Schedule 1 of the Victims of Crime (Fund and Levy) Regulations 2018). A prosecution must start within 6 months after the expiation period ends, or within 6 months of the offence if no notice was given (section 52(1)(a)).
When is excessive speed aggravated?
Excessive speed is aggravated if it caused harm to a person, or was committed in any of the circumstances in section 45A(4a)(b). The aggravated forms apply to offences from 13 February 2023, and the circumstances alleged must be stated in the charge (section 45A(4b)).
| Circumstance | Section |
|---|---|
| The offence caused harm to a person ("harm" as defined in section 21 of the Criminal Law Consolidation Act) | 45A(4a)(a) |
| Committed in the course of attempting to escape pursuit by a police officer | 45A(4a)(b)(i) |
| Driving knowing of a disqualification, or of a licence suspension by notice under the Road Traffic Act | 45A(4a)(b)(ii) |
| A blood alcohol concentration of .08 grams or more in 100 millilitres of blood | 45A(4a)(b)(iii) |
| Driving under the influence (section 47) or with a prescribed drug in oral fluid or blood (section 47BA) | 45A(4a)(b)(iv) |
| A stolen vehicle, or one used without the owner's consent, knowing of that or reckless as to it | 45A(4a)(b)(v) |
| Knowing that one or more passengers were in or on the vehicle | 45A(4a)(b)(vi) |
| Holding a learner's permit, provisional or probationary licence, or an interstate provisional licence or learner's permit | 45A(4a)(b)(vii) |
| Not holding a licence or permit authorising the class of vehicle driven | 45A(4a)(b)(viii) |
Two are easy to overlook: any passenger the driver knows is in or on the vehicle, and a learner’s permit, provisional licence or probationary licence. Either one turns a first offence carrying a fine into one carrying up to 2 years imprisonment, with a minimum disqualification of 2 years instead of 6 months. See also police pursuit and P plate speeding licence appeal.
Can excessive speed be expiated?
Yes. Schedule 4 of the Road Traffic (Miscellaneous) Regulations 2014 fixes a fee of $2,018 for section 45A, or $2,098 for a road train on a prescribed road, from 1 July 2026.
Paying still has consequences:
- 9 demerit points (section 98B(1) of the Motor Vehicles Act; Schedule 4 of the Motor Vehicles Regulations 2025);
- a prior for 5 years, so another excessive speed or dangerous driving offence in that time is a subsequent offence (section 45A(4));
- a separate demerit point disqualification of at least 3 months, if the 9 points take the total for offences within 3 years to 12 or more (section 98BC);
- for a learner or provisional driver, a 6 month disqualification and cancellation, because 9 points passes the 4 point threshold (section 81B(1));
- no early end to a police notice already given: with no proceedings to end it, it runs until 6 months after it began (section 45B(10)(b)).
Expiating does avoid the court’s minimum fine and mandatory disqualification, which follow a conviction (section 45A(1), (3)). It is not an admission of guilt (section 15(4) of the Expiation of Offences Act 1996 (SA)).
Electing to be prosecuted withdraws the notice (section 8(3)), and is worth considering where the speed reading, the driver’s identity or a claimed aggravation is genuinely in doubt; see contesting a speeding fine.
When can police suspend the licence on the spot?
When a police officer reasonably believes the driver has committed excessive speed. The officer may then give a notice of licence disqualification or suspension (section 45B(1)(a)). It suspends a licence holder’s licence, and disqualifies a driver with no licence, for the relevant period (section 45B(2)). A notice can also be given to an owner who has received an expiation notice for a camera-detected excessive speed offence under section 79B (section 45B(1)(b)).
| Notice on an officer's belief (section 45B(1)(a)) | Notice after a camera expiation notice (section 45B(1)(b)) | |
|---|---|---|
| Starts | When given, or 48 hours later if the officer postpones it and the notice says so | 28 days after the notice is given |
| Ends | When the case is decided by a court, withdrawn or discontinued, or 6 months after it started, whichever comes first | The same |
| Magistrates Court application under section 47IAB | Not available | Available |
| Withdrawal by the Commissioner of Police (section 45B(13)) | Available | Available |
The Commissioner may withdraw a notice given to a person in error, a defective notice, or one that should not have been given for other proper cause, and may then give a fresh notice (section 45B(13) to (16)). For a notice given on an officer’s belief, withdrawal and the end of the case are the only ways it ends early, because section 47IAB covers only camera-based notices; that application is explained on immediate loss of licence appeal. No compensation is payable for the notice period unless an officer acted in bad faith (section 45B(8), (9)).
Credit for the notice period
If the driver is convicted of the offence, or of another offence from the same course of conduct that carries a mandatory minimum disqualification, the court must take the notice period into account. It may go below the minimum, but not below the minimum less the time already served (section 45B(7)). On a first basic offence, a driver who has served 4 months under the notice can be disqualified for as little as 2 months.
What if a speed camera caught the car?
The owner is liable for an offence against section 79B(2) unless the owner proves an exception. Excessive speed is a prescribed offence for camera purposes under section 79B(1)(a).
The owner is not liable on proving that no offence was in fact committed, or that the owner nominated the driver in the approved form in time (28 days after the expiation notice, 14 days after a reminder notice, or 28 days after a summons if no expiation notice was given). An owner who does not know, and could not by reasonable diligence find out, who was driving can instead give the Commissioner a statutory declaration with the reasons and inquiries made (section 79B(2)). A false or misleading nomination carries up to $25,000 or 4 years imprisonment (section 79B(14)).
Two rules apply only to camera-detected excessive speed. An owner who is a natural person and is convicted of the owner offence must be disqualified for at least 6 months, which cannot be reduced and cancels the licence (section 79B(2b)). And police may prosecute without first giving the owner an expiation notice, which section 79B(4) otherwise requires for an owner who is not a body corporate (section 79B(4a1)).
If an expiation notice is given, the fee is the same $2,018, and an owner who is a natural person incurs the same 9 demerit points (section 79B(2a); section 98B(1aa) of the Motor Vehicles Act). If the driver is found guilty of, or expiates, the excessive speed offence, no one is liable for the owner offence, and the reverse also applies (section 79B(7), (8)).
Can police take the car?
Yes, before the case is finalised. Excessive speed is a prescribed offence under regulation 5(b) of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022.
Once a person is to be or has been reported for the offence, or has been charged with or arrested for it, a police officer or a person authorised by the Commissioner can clamp or impound the vehicle allegedly used, or any vehicle the person is a registered owner of. The power does not apply where an expiation notice is given (section 5 of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 (SA)). The period is 28 days (section 6), and the Commissioner must try to contact the registered owners within 4 days (section 5(6)).
Court orders about vehicles under Part 3 of the Act apply to a conviction for a prescribed offence where it is a forfeiture offence or there is another prescribed offence within 10 years, subject to conditions about the vehicle and its ownership (section 11). A forfeiture offence is an indictable offence prescribed by regulation or a designated liquor offence (section 3(1)), so the mandatory forfeiture order in section 12(1)(a)(i) is not available for excessive speed, a summary offence. A court may decline an order on a ground in section 13(1), such as severe financial or physical hardship to a person, and must then order up to 240 hours of community service if that is reasonably practicable (section 13(2)). These powers are in addition to any penalty, and a sentencing court must have regard to any exercise of them (section 4).
How do police prove the speed?
With evidence from the device that measured it, usually supported by a certificate. The prosecution must prove the device was in proper order and properly operated (Zefi v Commissioner of Police [2024] SASC 42 at [48]), and a certificate about a tested device is proof “in the absence of proof to the contrary” (section 175(3)).
| Device | A certificate proves accuracy on the test day and | Section |
|---|---|---|
| Police car speedometer | The 3 months before and after | 175(3)(b) |
| Fixed speed camera (photographic analyser in a fixed housing) | The following year | 175(3)(ba) |
| Mobile speed camera (photographic analyser not in a fixed housing) | The following day | 175(3)(baaa) |
| Hand-held laser or radar, or another analyser that is not a camera | The following year | 175(3)(baa) |
Section 175(3) was amended from 6 November 2025 and 1 January 2026. The decisions below applied its earlier wording.
No certificate
In Police v Butcher [2014] SASC 85, a magistrate dismissed counts of dangerous driving and excessive speed after excluding the certificate. The Supreme Court said a certificate proves the device’s accuracy on the test day unless the contrary is proved ([65]). Without one, the common law presumption of accuracy does not extend to a laser gun, which is not an instrument in common use ([73]). The case was remitted for rehearing ([74]).
How the device was operated
A certificate speaks to accuracy; the prosecution must still prove the device was properly operated. In Zefi, the conviction rested on an officer’s affidavit that he used a LIDAR after a shift field test ([4] to [5]). The section 79B(10) aids for camera photographs do not apply to laser devices ([52]), and the lack of cross-examination did not relieve the prosecution of its onus ([55]). With no evidence of how the LIDAR was operated, the conviction was quashed and an acquittal entered ([69] to [72]).
In Police v Hicks [2010] SASC 136, the magistrate accepted the certificate but was not satisfied the device had been operated and read correctly, and dismissed the charge; the police appeal failed ([8] to [10]). In Police v Webber [2014] SASC 66, nothing linked the certificate’s serial number to the officer’s device, and a finding of no case to answer stood ([6] to [8]).
What the test showed
A certificate proves only what the statutory test showed. In Police v Hanton [2018] SASC 96, the Court held that the test must in fact show the unit was accurate to the extent specified ([52]). A driver contesting the certificate must prove that the test failed to show that accuracy, not that the unit was inaccurate ([22], [90]). The complaint was dismissed ([198]). Police v Henderson [2018] SASC 98 required strict adherence to the certificate provision, whose only certifiable fact is what the test showed ([35]).
In Police v Butcher [2016] SASC 130, the rehearing of the 2014 case, the driver proved the test on the laser gun could not show the certified accuracy, because it was not the Australian Standard test ([18] to [20]). The police appeal was dismissed ([22]).
Elliott v Police [2009] SASC 292 put the burden differently. Sulan J said a certificate does not require the driver to prove he was not speeding, but that the evidence needed to rebut it is evidence that the laser equipment was inaccurate ([28] to [29]). How much a driver must prove is discussed further on contesting a speeding fine.
Can it be charged as dangerous driving?
Yes. The same driving can found a charge of dangerous driving under section 46 of the Road Traffic Act, and the two can be charged together. In Lehmann v Police [2010] SASC 102 the driver faced both charges ([2]). At nearly twice the limit in a built-up area he posed a significant danger to the public, so the dangerous driving offence could not be treated as trifling ([31]), and his appeal was dismissed ([32]).
Dangerous driving carries 6 demerit points (Schedule 4 of the Motor Vehicles Regulations 2025), and police can give an immediate loss of licence notice for it that runs for up to 12 months (section 47IAA(1)(ba), (12)(b)(iv)(B)). The charge is covered on driving at a speed dangerous.
What if someone is hurt or killed?
Excessive speed that caused harm to a person is an aggravated offence (section 45A(4a)(a)), with a maximum of 2 years imprisonment and a disqualification of at least 2 years.
Where dangerous driving causes death or harm, the offence under section 19A of the Criminal Law Consolidation Act is aggravated if the driver was driving in contravention of section 45A (section 5AA(1a)(e)). For an aggravated first offence under section 19A(1)(a)(ii) or (3)(a)(ii), the maximum is life imprisonment, with a disqualification of at least 10 years.
In R v Kitt [2022] SADC 5, the District Court recorded that offences from a collision in which two people died were aggravated because the driver was more than 45 km/h over the limit ([2]). In R v Bagnato [2011] SASCFC 161, Peek J, dissenting on sentence, noted that the section 45A aggravation raised the maximum penalty to life imprisonment ([176] to [178]).
How similar cases tend to play out
Three illustrations of how section 45A 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 driver with no prior offences, alone in the car, is detected by police laser at 148 km/h on a 100 km/h road: 48 km/h over, a first basic offence (section 45A(1)). The officer can give a section 45B notice that suspends the licence at once, or 48 hours later if postponed. If the driver expiates, the fee is $2,018 with 9 demerit points, and the notice runs its course. If convicted, the fine is $3,000 to $5,000 and the disqualification at least 6 months, less credit for the notice period (section 45B(7)).
Middle range. A fixed camera records a car at 107 km/h in a 60 km/h zone, 47 km/h over. The owner receives an expiation notice for the owner offence (section 79B(2)), then a section 45B notice that takes effect 28 days after it is given. The owner was not driving and nominates the driver within 28 days (section 79B(2)(b)). This kind of notice can be taken to the Magistrates Court under section 47IAB.
Upper range. A driver who expiated an excessive speed offence 3 years earlier is detected at 132 km/h in an 80 km/h zone, 52 km/h over, with two friends in the car. The earlier expiation makes this a subsequent offence (section 45A(4)), and the passengers make it aggravated (section 45A(4a)(b)(vi)). The maximum is 2 years imprisonment and the disqualification at least 2 years. Once the driver is reported or charged, the car can be impounded for 28 days (sections 5 and 6 of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007).
How we defend an excessive speed charge
Most excessive speed cases turn on two questions: how the speed was measured, and whether any aggravation or prior can be proved. We also track the police notice from day one, because time served under it counts.
| Stage | What happens | What we do |
|---|---|---|
| Police notice | A section 45B notice may suspend the licence, and police may impound the car. | Check the notice, its start date and any impound period. |
| Expiation notice or summons | A notice for $2,018, or a summons to court. | Explain what paying means for points, priors and the notice. |
| Disclosure | The certificate, device records, video and statements. | Test the certificate, the device link and the operation evidence. |
| Charge review | Basic or aggravated, first or subsequent. | Challenge any aggravation or prior that cannot be proved. |
| Sentence | Fine or imprisonment, disqualification and any vehicle orders. | Seek credit under section 45B(7) and argue any section 13 ground on the vehicle. |
We cannot promise a particular result, and no lawyer can. We can make sure the prosecution proves the speed, and any aggravation, to the standard the law requires.
Every hour matters. Book a same-day free 30-minute consultation, or call (08) 7094 2021 now.
Excessive speed case law
These are the decisions this guide relies on. The case notes state what each court decided.
| Case | Court | Principle | Pinpoint |
|---|---|---|---|
| Zefi v Commissioner of Police [2024] SASC 42 | Supreme Court | Proper operation of a laser device must be proved | [48], [52], [55], [69] to [72] |
| Police v Butcher [2014] SASC 85 | Supreme Court | No common law presumption of accuracy for a laser gun | [65], [73] to [74] |
| Police v Butcher [2016] SASC 130 | Supreme Court | The test could not show the certified accuracy | [18] to [20], [22] |
| Police v Hanton [2018] SASC 96 | Supreme Court | The test must in fact show the certified accuracy | [22], [52], [90] to [91], [198] |
| Police v Henderson [2018] SASC 98 | Supreme Court | Strict adherence to the certificate provision | [8], [35], [39] |
| Elliott v Police [2009] SASC 292 | Supreme Court | Rebuttal requires evidence that the equipment was inaccurate | [28] to [29] |
| Police v Hicks [2010] SASC 136 | Supreme Court | A certificate does not prove the device was operated and read correctly | [8] to [10] |
| Police v Webber [2014] SASC 66 | Supreme Court | Evidence must link the certified device to the one used | [6] to [8] |
| Police v Pimlott [2011] SASC 214 | Supreme Court | 176 km/h; disqualification increased above the minimum | [13], [15], [20] to [21] |
| Lehmann v Police [2010] SASC 102 | Supreme Court | Nearly twice the limit in a built-up area was a significant danger | [2], [31] to [32] |
| R v Kitt [2022] SADC 5 | District Court | Section 45A speed as the aggravation of fatal driving offences | [2] |
| R v Bagnato [2011] SASCFC 161 | Court of Criminal Appeal | Peek J, dissenting: the section 45A aggravation raised the maximum to life | [176] to [178] |
Case notes
Zefi v Commissioner of Police [2024] SASC 42
The prosecution must prove a speed measuring device was in proper order and properly operated, and the section 79B(10) aids do not apply to laser devices ([48], [52]). With no evidence of how the LIDAR was operated, the conviction for excessive speed was quashed and an acquittal entered ([69] to [72]).
Police v Butcher [2014] SASC 85
A certificate proves accuracy on the test day unless the contrary is proved ([65]), and without one the common law presumption of accuracy does not extend to a laser gun ([73]). Counts of dangerous driving and excessive speed, dismissed after the certificate was excluded, were remitted for rehearing ([2] to [4], [74]).
Police v Butcher [2016] SASC 130
On the rehearing, the driver proved that the test performed could not show accuracy to the certified extent, not being the Australian Standard test, and did not have to prove the gun was inaccurate ([18] to [20]). The police appeal was dismissed ([22]).
Police v Hanton [2018] SASC 96
The statutory test must in fact show the unit’s accuracy to the specified extent, and a defendant must prove the test failed to show it, not that the unit was inaccurate ([22], [52], [90] to [91]). The findings of guilt on the dangerous driving and excessive speed counts were set aside ([198]).
Police v Henderson [2018] SASC 98
The appeal was allowed by consent and the convictions set aside, with reasons published later ([8]). The only certifiable fact is what the statutory test showed, and the defendant’s onus is to prove the converse on the whole of the evidence ([35], [39]).
Elliott v Police [2009] SASC 292
A certificate aids proof of the instrument’s accuracy and does not require the defendant to prove he was not speeding; rebutting it requires evidence of the inaccuracy of the laser equipment ([28] to [29]).
Police v Hicks [2010] SASC 136
The magistrate gave the certificate full weight but was not satisfied the device had been operated and read correctly, and the police appeal was dismissed ([8] to [10]).
Police v Webber [2014] SASC 66
Nothing linked the certificate’s serial number to the officer’s device, so a finding of no case to answer stood ([6] to [8]).
Police v Pimlott [2011] SASC 214
After a conviction for driving at a speed dangerous to the public at 176 km/h, grossly excessive speed called for deterrence, and the 12 month minimum disqualification was increased to 18 months ([2] to [4], [13], [15], [20] to [21]).
Lehmann v Police [2010] SASC 102
The driver was charged with dangerous driving and with exceeding the limit by 45 km/h or more ([2]). At nearly twice the limit in a built-up area he posed a significant danger to the public, so the dangerous driving offence was not trifling, and the appeal was dismissed ([31] to [32]).
R v Kitt [2022] SADC 5
The District Court recorded that offences from a collision in which two people died were aggravated because the defendant was more than 45 km/h over the limit, contrary to section 45A ([2]). The defendant was dealt with under the mental impairment provisions ([71] to [72]).
R v Bagnato [2011] SASCFC 161
In dissenting reasons on sentence, Peek J noted that the aggravation charged was driving in breach of section 45A, admitted on the plea although the forensic evidence gave a range of 100 to 117 km/h, and that because the aggravation was charged and admitted the maximum penalty became life imprisonment ([176] to [178]).
Frequently asked questions
What is excessive speed in SA?
Driving at 45 km/h or more over a relevant speed limit, an offence under section 45A of the Road Traffic Act. At 55 km/h or more over a limit of 60 km/h or less, or 80 km/h or more over a higher limit, it can also be charged as extreme speed under section 19ADA of the Criminal Law Consolidation Act.
How long will I lose my licence for excessive speed?
On conviction, at least 6 months for a first basic offence and at least 2 years for an aggravated or subsequent offence (section 45A(3)). The court must take into account time served under a police notice, which lasts up to 6 months, and can go below the minimum by that time (section 45B(7)).
Can I just pay the excessive speed fine?
If an expiation notice is given, yes: the fee is $2,018 from 1 July 2026. Paying still records 9 demerit points, counts as a prior for 5 years, and leaves any police notice running until it ends at 6 months.
How many demerit points is excessive speed?
Nine (Schedule 4 of the Motor Vehicles Regulations 2025), whether the offence is expiated or ends in a conviction. For a learner or provisional driver that alone brings a 6 month disqualification under section 81B of the Motor Vehicles Act.
Can I drive while my licence is suspended by police?
No. Driving while suspended or disqualified is an offence under section 91(5a) of the Motor Vehicles Act, with a maximum of 12 months imprisonment for a first offence.
Can I appeal the police licence suspension for excessive speed?
Only a camera-based notice under section 45B(1)(b) can be taken to the Magistrates Court under section 47IAB. The Commissioner of Police can withdraw a notice given on an officer’s belief if it was given in error, is defective or for other proper cause (section 45B(13)); otherwise it ends when the case ends or after 6 months.
Will I go to jail for excessive speed?
A first offence that is not aggravated carries a fine only, of $3,000 to $5,000. An aggravated first offence or a subsequent offence carries up to 2 years imprisonment (section 45A(1)).
What happens if a speed camera catches my car 45 km/h over?
The owner is liable for the owner offence under section 79B unless the owner nominates the driver or proves another exception. Police can follow the owner’s expiation notice with a suspension notice that starts 28 days later, and an owner convicted of the offence must be disqualified for at least 6 months (section 79B(2b)).
Can the speed reading be challenged?
Yes. The prosecution must prove the device was properly operated, and a certificate proves only what the test showed. Convictions or findings of guilt have been set aside where there was no evidence of how a laser was operated (Zefi) and where the test could not show the certified accuracy (Hanton).
Do I need a lawyer for an excessive speed charge?
A conviction brings a disqualification the court must order, so the speed evidence and any aggravation need testing before a plea is entered. We can advise on the evidence and on whether to pay or elect. Call (08) 7094 2021.
South Australian courts we attend for excessive speed charges
We defend excessive speed charges in the Adelaide Magistrates Court and the suburban and regional Magistrates Courts listed below.
Courts we attend
Book a same-day free 30-minute consultation or call (08) 7094 2021.
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