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Understanding a speeding charge

This page explains the penalties imposed relating to a speeding offence.

Sometimes other penalties are imposed in addition to a fine. This is often done for driving offences. Some of these penalties are imposed at the time that the offence happens. Others are only imposed when the fine is paid, or if the fine has not been paid by the due date.

Demerit points

As well as being fined, some driving offences will cause demerit points to be added to the licence of a driver (or registered vehicle owner if the driver is not known).

Fully licensed drivers who get 12 or more demerit points within a 3-year period may have their licence suspended.

Different rules apply to novice drivers who get demerit points.

See Demerit points.

When demerit points take effect

Points will be added to the licence when one of these events happen:

  • on the date that the fine is paid
  • when the enforcement order is made, or
  • when the court finds person guilty.

Regardless of when the points were added, they are deemed to have accrued on the date that the offence happened. This means that a driver can't delay the addition of demerit points by delaying payment or choosing to go to court.

See Demerit points.

Fines for drink driving

If someone is fined for a drink or drug driving offence and their licence is not cancelled for the offence, they will have 10 demerit points added to their licence.

See Penalties for drink driving.

Immediate suspension of licence

Drivers who are fined for speeding at:

  • 45 km/h or more over the applicable speed limit
  • or, if the applicable speed limit was 110 km/h, at a speed of 145 km/h or more

may have their licences suspended immediately (although this sometimes does not happen straight away).

A driver licence may also be immediately suspended for:

  • some drink and drug driving offences.
  • some offences resulting in serious injury or death
  • exposing emergency workers to a risk by driving
  • dangerous our negligent driving while being pursued by police

For a more detailed list of the offences that can result in immediate suspension see Offences that allow immediate suspension and section 85 Road Safety Act(opens in a new window).

Infringement convictions

Drivers who are fined for drink, drug or excessive speed offences will also be convicted of these offences. Please see information on the spent conviction scheme.

See Objecting to an infringement conviction.

Hoon driving

If an offence is listed as a hoon driving offence, the vehicle may be immobilised, impounded or taken and sold. This will depend on how many times the driver has been caught hoon driving before and which hoon driving offences were involved.

See What is hoon driving?

Other sanctions if a warrant is ordered

If a fine has not been paid and the matter is being enforced by the Director of Fines Victoria through an enforcement warrant, other sanctions can be imposed such as:

  • direction to provide information or attend an oral examination
  • attachment of debt or earnings to recover outstanding amount
  • suspension of a driver licence or vehicle registration
  • taking part of a person's salary
  • selling other a motor vehicle or other property
  • detention or immobilisation of vehicle
  • removal of number plates
  • seizure of personal property to pay outstanding fine
  • arrest and imprisonment
  • doing community work.

See Execution of enforcement warrants.

More information

Legislation

Road Safety Act 1986 (Vic)

  • s. 28(1)—mandatory suspension by court
  • s. 89D—suspension of licence for excessive speed

See Road Safety Act 1986 (Vic)(opens in a new window).

Also see Road Safety Act 1986—Schedule 5—Minimum suspension periods for excessive speed(opens in a new window).

Road Safety (Drivers) Regulations 2019 (Vic)

  • Part 3 Division 1—demerit points
    • r. 72—defines appropriate number of demerit points, duly notified, and relevant event
    • r. 73—VicRoads to record demerit points
    • r. 74—VicRoads to record demerit points for relevant interstate offences
    • r. 75—record of the day on which the offence was committed
    • r. 76—notice to be given to other jurisdictions
  • Schedule 3—list of offences that attract demerit points
  • Schedule 4—demerit points for relevant interstate offences

See Road Safety (Drivers) Regulations 2019 (Vic)(opens in a new window)

See also Road Safety (Drivers) Regulations 2019 (Vic)—Schedule 3 Demerit Points(opens in a new window),.

Updated