As seen in

As seen on

As seen in

Result at a glance

  • The offence: Speeding more than 30km/h over the limit (detected at 101km/h in a 60km/h zone), under r20 Road Rules 2014.
  • The penalty: A 3-month Transport for NSW licence suspension.
  • Court: Parramatta Local Court (suspension appeal).
  • Outcome: Suspension reduced from 3 months to 1 week.

The suspension

Our client received a speeding infringement after being detected travelling at 101km/h in a 60km/h zone. That placed the offence in the category of speeding more than 30km/h over the limit, which NSW treats as serious speeding. The usual consequence is a 3-month licence suspension or disqualification, depending on how the matter reaches the Court. A notice of suspension was issued, so our client was looking at 3 months off the road. We lodged a Local Court appeal.

The standard position

The starting point was the 3-month suspension. That is what drivers usually face for speeding more than 30km/h but not more than 45km/h over the limit. The law treats that range differently from lower-level speeding because of the increased risk to other road users. The allegation here was 41km/h over the limit, which was not low-level speeding. There was also a second significant speeding fine within about two weeks. That made the appeal more difficult, because the Court had to look at the driving conduct in context, not as a one-off infringement. Even with that difficulty, the suspension was reduced to one week.

The appeal

The matter was heard at Parramatta Local Court. Material was tendered, and submissions were then made about why the standard 3-month suspension should be reduced. The argument had to deal with the speed directly. There was no point treating 101km/h in a 60km/h zone as minor. It was serious, and the second speeding matter had to be addressed properly. The point was that 3 months off the road was not required in the circumstances. The Court accepted that a much shorter period was appropriate.

The result

The Court reduced the suspension to one week, commencing from the day of court. That was a substantial reduction from the original 3-month notice of suspension. Instead of losing his licence for 3 months, our client was off the road for one week, despite two significant speeding fines close together.

Why the result mattered

A 3-month suspension can create real problems. It can affect work, study, family responsibilities and ordinary travel. For many people, the suspension is the main penalty and the fine is secondary. A one-week suspension is different. It still marks the seriousness of the offence and imposes a real consequence, but it avoids the standard 3-month licence loss that usually follows this category of speeding. That was the practical value of the appeal.

What this case shows

Speeding more than 30km/h over the limit is treated seriously in NSW, and a 3-month suspension is the usual position. But it can be appealed. The Court can reduce the suspension where the material and submissions justify a shorter period. The result depends on the speed, the driving record, any other recent offences, the need for a licence, and the evidence placed before the Court. Here, a 3-month suspension was reduced to one week. A different driving record can change the outcome.

Facing a licence suspension?

A Transport for NSW suspension can often be appealed to the Local Court, and how the appeal is prepared can affect the length of time you spend off the road. If you've received a suspension notice anywhere in Sydney, call JBP Law on 1800 527 529 or book a case review. We're based in Parramatta and appear in courts across Sydney and NSW.

This case study is provided for general information only and does not constitute legal advice. Each criminal matter depends on its own facts, evidence, and personal circumstances. Past outcomes are not indicative of future results.

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