If you receive a speeding fine in Victoria, it is important to respond to it as soon as you can.
- Do you dispute the fact that you were speeding?
- If yes, do you agree with the penalty imposed against you?
Is there a defence to speeding?
Speeding is a strict liability offence. This means that the mere act of speeding makes you guilty of the offence. However, you may be able to persuade the court to not penalise you in limited circumstances.
The Magistrate will decide whether your reason justifies excusing you from the offence.
Possible justifications include:
- You were speeding because of an emergency (e.g. health complications, life-threatening circumstance); and
- You involuntarily exceeded the speed limit (e.g. seizure).
The court will unlikely accept the following excuses:
- You were not aware of the speed limit;
- You were late for work;
- Your speedometer was broken or showed an incorrect speed;
- The police did not show you a photograph of your car speeding; and
- There was a minor irregularity on your infringement notice (e.g. spelling mistake).
How can I respond to a speeding fine?
You can pay the speeding fine or challenge it. Either way, you must respond within 28 days of the notice.
Not disputing the speeding fine
You can pay the speeding fine online.
If you have difficulty paying off the speeding fine by the due date, you can ask Civic Compliance Victoria for:
- An extension of the due date; or
- A payment plan (e.g. pay by instalments).
Disputing the speeding fine
If you wish to challenge the speeding fine, you can:
- Nominate another person (actual driver) to take responsibility for the offence;
- Nominate that your vehicle or number plates were stolen;
- Nominate that you sold your car and is no longer the owner of it;
- If the car is registered to a company, the company can nominate a specific driver or declare that the driver cannot be identified; or
- Apply for an internal review.
To apply for an internal review, you need to complete an Internal Review Form and send this to Civic Compliance Victoria. If you disagree with the review, you can further appeal the decision to the Magistrates Court.
How can I challenge a suspension or demerit point reduction?
If you are challenging the speeding offence itself
You can go to court and argue that you did not speed. Possible arguments include:
- You were not the driver of the car;
- You have a defence to speeding; or
- You have evidence suggesting that the speed detector used in your case was faulty.
A defect in the speed detector is rarely argued because it involves a highly complex and technical examination of the particular equipment used. If you believe you were the victim of faulty equipment, you should contact a lawyer.
If you are appealing against the penalty, but not the offence
There are only two grounds on which you can appeal against a demerit point penalty. This includes any automatic suspension period due to you exceeding your demerit point limit.
You must argue one or both of the following:
- That VicRoads did not record your demerit points in accordance with the law; or
- That there was a calculation error.
You have 28 days from the commencement of your suspension period to appeal. To make an appeal, you need to contact the Registrar of the Magistrates Court.
Can I have a licence for driving to work?
Victoria does not offer Work Licences or Day Time Drivers Licences. If your licence is disqualified or suspended, you must not drive under any circumstances. There are no exceptions to this rule.
Get Traffic Law Help Now!
Ask a free legal question in the Traffic Law Forum.
Get legal advice from an Australian Traffic Law Lawyer near you.