Speeding is one of the most commonly prosecuted traffic offences in Victoria. Offences range from minor infringement notices attracting a modest fine and demerit points, through to serious charges involving automatic licence suspension, vehicle impoundment, and the possibility of criminal penalties. The severity of the consequences depends primarily on how far above the speed limit a driver was travelling and their prior traffic history.

Speeding offences are primarily governed by the Road Safety Act 1986 (Vic) and the Road Safety Road Rules 2017 (Vic). Most speeding matters are dealt with by way of infringement notice, but offences involving speeds of 25 km/h or more over the limit — known as excessive speeding — are treated as criminal offences and are prosecuted in the Magistrates’ Court of Victoria. At Angus Cameron and Partners, we represent clients across the full range of speeding matters, from contesting infringement notices through to defending serious charges in court.

The Offence

A speeding offence occurs where a driver operates a vehicle at a speed that exceeds the applicable speed limit at that location. The prosecution must establish beyond reasonable doubt that:

• the accused was driving the vehicle;
• the applicable speed limit at the relevant location;
• the vehicle was travelling above that limit; and
• the speed detection method used was properly operated and functioning correctly.

Speed detection methods

Speed may be detected through fixed or mobile speed cameras, point-to-point (average speed) cameras, police radar or laser devices, or by direct police observation. Different methods have different procedural requirements, and the type of detection used can affect the available defences. A tolerance is applied before an infringement notice is issued: two km/h is deducted from readings from fixed digital cameras; three km/h or three per cent (whichever is greater) is deducted for mobile cameras.

Speed limit zones

The speed limit applicable at any given location may be set by signs, by default zone designations (such as 50 km/h in built-up areas or 100 km/h on highways), or by temporary speed restrictions in areas such as road works or school zones. The applicable limit is a factual question and must be established by the prosecution.

Categories of Speeding Offence and Penalties

Victorian law distinguishes between standard speeding offences (less than 25 km/h over the limit) and excessive speeding offences (25 km/h or more over the limit, or any speed over 130 km/h). The consequences are significantly different.

Standard speeding offences — infringement notice

Where a driver is travelling less than 25 km/h over the speed limit, the matter is dealt with by infringement notice. No court appearance is required unless you elect to contest the matter. The current penalties as at 1 July 2025 are:

Demerit points accumulate and remain on your record for three years. If a full licence holder reaches 12 or more demerit points within any three-year period, VicRoads will suspend their licence. Learner and probationary licence holders operate on lower thresholds.

Excessive speeding — criminal offence

Driving 25 km/h or more over the speed limit, or at any speed over 130 km/h, is excessive speeding under the Road Safety Act. It is treated as a criminal offence: an infringement notice is issued but a conviction is recorded if the notice is not objected to within 28 days. A magistrate must impose a minimum licence suspension period. Demerit points do not apply to excessive speeding offences. The current penalties as at 1 July 2025 are:

These are the infringement notice amounts. If the matter proceeds to court, the maximum fines are higher: up to 10 penalty units for less than 35 km/h over the limit, 15 penalty units for 35–44 km/h over, and 20 penalty units for 45 km/h or more over. In serious cases, the court may also order vehicle impoundment or immobilisation. Fine amounts are adjusted in July each year.

Where a driver elects to pay the infringement fine for excessive speeding, they must also surrender their licence upon payment. Licence suspensions for excessive speeding take effect automatically 28 days from the date of the infringement notice if no objection is lodged.

Heavy vehicles

Significantly higher penalties apply to heavy vehicles, defined as vehicles with a GVM exceeding 4.5 tonnes, vehicles including trailers with a GCM exceeding 14.5 tonnes, and buses with more than 12 seats. The penalty for a heavy vehicle travelling 45 km/h or more over the limit is $2,340 as at 1 July 2025.

Defences

Being issued with a speeding infringement or charged with a speeding offence does not mean the matter cannot be contested. There are a number of defences that may apply.

Disputing the identity of the driver

Where a speeding infringement is detected by camera, the notice is issued to the registered operator of the vehicle. If you were not the driver at the time, you may nominate the actual driver. If the identity of the driver cannot be established, the charge may not succeed.

Challenging the speed detection device

Speed detection devices must be calibrated, maintained, and operated in accordance with prescribed requirements. If the device was not properly calibrated, was faulty, or was not operated correctly, there may be grounds to challenge the reliability of the reading. Expert evidence is generally required to run this argument.

Challenging the applicable speed limit

If the speed limit signage at the relevant location was absent, obscured, or incorrect, there may be grounds to argue that the applicable speed limit was not properly established. Similarly, errors in the designation of speed zones may provide a basis for challenge.

Necessity

In genuine emergency situations — for example, where a driver exceeded the speed limit in order to avoid a more serious harm — a defence of necessity may be available. This defence is rarely successful and requires clear evidence that the conduct was the only reasonable option in the circumstances.

FAQs

Can I challenge a speeding camera fine?

Yes. You may apply for an internal review through Fines Victoria, or you may elect to have the matter heard in the Magistrates’ Court. Note that internal review is not available for excessive speeding offences — those must be taken to court if contested. If you elect to go to court, the prosecution must prove the offence beyond reasonable doubt, including that the speed detection device was operating correctly.

What is excessive speeding in Victoria?

Excessive speeding is driving 25 km/h or more above the applicable speed limit, or driving at any speed above 130 km/h regardless of the posted limit. It is treated as a criminal offence, carries an automatic licence suspension, and a conviction is recorded. Demerit points do not apply — the suspension is imposed directly.

Will I lose my licence for a speeding offence?

For standard speeding offences (less than 25 km/h over the limit), you will not lose your licence unless your accumulated demerit points reach the threshold for suspension. For excessive speeding (25 km/h or more over), licence suspension is automatic. The minimum periods are 3 months for 25–34 km/h over, 6 months for 35–44 km/h over, and 12 months for 45 km/h or more over.

How many demerit points will I get for speeding?

Demerit points apply only to the two lowest speed bands: 1 point for less than 10 km/h over the limit, and 3 points for 10–24 km/h over. Excessive speeding offences (25 km/h or more over the limit) do not attract demerit points — they carry an automatic licence suspension instead. Full licence holders accumulate points for three years, with suspension triggered at 12 points.

What happens if I was speeding in a school zone?

Speeding in a school zone during designated hours carries higher penalties than equivalent speeding on other roads. School zone offences are treated seriously and the standard infringement amounts apply with the same demerit point consequences.

My vehicle was caught on camera but I was not driving. What should I do?

You should nominate the person who was driving at the time. If you cannot identify the driver, you should seek legal advice before responding to the infringement notice. Providing a false nomination is a criminal offence.

Can I go to jail for a speeding offence?

Imprisonment is not a common outcome for speeding offences, but it is possible in serious cases — particularly for repeat offenders with significant traffic histories, or where the speeds involved were extremely high. An experienced lawyer can advise you on the realistic range of outcomes in your matter.

What is a point-to-point speed camera?

Point-to-point cameras calculate a vehicle’s average speed between two fixed camera points over a known distance. If the average speed exceeds the limit, an infringement is issued. These systems are increasingly used in Victoria, including in road works zones and on major highways.

If I pay the excessive speeding fine, does that mean I’m convicted?

Yes. Paying an excessive speeding infringement notice results in a conviction being recorded against you. The conviction takes effect 28 days from the date of the notice. If you do not want a conviction recorded, you must lodge an objection within 28 days and have the matter dealt with in court. You should seek legal advice before deciding whether to pay or object.

Do I need a lawyer for a speeding matter?

For a straightforward low-range infringement, many people resolve the matter without legal assistance. However, if you are facing an excessive speeding charge, a potential licence suspension, or wish to contest the matter in court, legal advice is strongly recommended. An experienced traffic lawyer can assess whether there are grounds to challenge the offence and ensure you receive the best possible outcome.

Related Guides

You may also find the following guides useful:

• Guide to Infringement Notices and Fines in Victoria — understanding the fine enforcement process and your options

• Guide to Drink Driving — a related traffic offence that may result in licence disqualification

• Guide to Licence Suspension and Disqualification — understanding how suspension works and your options for review