Fines for Speeding in South Australia
If you receive an expiation notice for speeding, you have options other than paying the fine
If you are accused of speeding in South Australia, you will probably receive an expiation notice. Unless you contest the accusation, you will need to pay a fine. This article explains how speeding fines work in South Australia.
An expiation notice can be either a hand-written notice issued by a police officer or a computer-generated notice resulting from a speeding violation detected by a speed camera. If the notice resulted from a speed camera, it will be sent to the registered owner of the vehicle captured by the camera.
If your expiation notice resulted from a speed camera and you were not the vehicle’s driver, you can submit a statutory declaration that nominates another person as the driver. The expiation notice will then be reissued to that driver.
Your other choices are to pay the fine or to contest the violation.
The fines for speeding in South Australia depend on the amount by which you exceeded the limit. Demerit points are also recorded for speeding violations. Current fines and demerit points are:
Failure to pay fine
If you do not pay the fine when it is due, a number of enforcement actions can be taken, including:
- Assessing an additional financial penalty
- Suspending your driver licence
- Clamping your vehicle’s wheels or impounding the vehicle
- Refusing to allow you to register or renew registration of other vehicles
- Garnishing your wages
- Enforcement review
If you did not receive the expiation notice or have another legitimate defence to the enforcement action, you have 30 days after that action is taken to request a review. That is done by submitting a form and paying a review fee to the Fine Enforcement and Recovery Unit.
Exceeding speed limit by
Less than 10 km/h
At least 10 km/h but less than 20 km/h
At least 20 km/h but less than 30 km/h
30 km/h or more
Contesting the Expiation Notice
If you believe your offence was trifling, you can send a letter to the police (Expiation Notice Branch) explaining your position. If the police agree, the expiation notice will be withdrawn.
If you have some other defence, you can elect to be prosecuted. Common defences include:
- The speed camera captured the wrong vehicle.
- A radar or laser unit malfunctioned.
- A radar or laser unit measured the speed of something other than your vehicle.
- A speed estimate made without using a radar unit was incorrect.
- The speed limit was higher where you driving than the limit stated on the expiation notice.
If you elect to be prosecuted, your guilt will be decided by a court. You should seek legal advice before deciding whether you should take your case to court rather than paying the fine.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.
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