Speeding

Got caught speeding?  Were you “hooning”?  What will happen?

If you are caught speeding you will face a fine, accrue demerit points, and in certain circumstances face imprisonment. Depending on the speed you are caught driving, you could lose your licence or you may be cautioned, but this is up to the police officer and your previous history.

If the police consider that you were street racing or ‘hooning’ then they can confiscate your number plates or impound the vehicle, even if it is not yours. If you are a repeat offender the police can retain your vehicle permanently without compensation to you.

If you are caught speeding, the police may also notice any modifications you made to your car. Before you go ahead and make any modifications to your car, make sure they are within the legal guidelines and limits.

Modifications like replacing your engine (like for like), installing an LPG system or replacing your car seats may not need prior approval, but they will need to the inspected and certified that they meet the correct standards.

You won’t need approval or certification for some modifications like window tinting or changing to after-market wheels, but you still have to stick within the acceptable guidelines. For example, there are laws in each state of Australia regarding the acceptable level of window tinting on your car – window tinting companies in your area will know about the guidelines, or will be able to advise you if you plan to do it yourself.

Differences between states

Northern Territory

You can contact the Northern Territory Legal Aid Commission on 1800 019 343 for further advice and information.

If you are Indigenous or Torres Strait Islander you can also contact the Central Australian Aboriginal Legal Aid Service on 1800 636 079 or the Northern Australian Aboriginal Justice Agency on 1800 898 251.

Western Australia

Fines for speeding can range from a $75 fine (if you are not more than 9km/h over the speed limit) to $1,000 and a loss of 7 demerit points (if you are more than 40 km/h over the speed limit).

If you are caught speeding more than 45km/h over the speed limit, then your driving will automatically be deemed ‘reckless’ and you will be charged with a more serious offence that can carry up to 12 months jail and a life disqualification of your licence.

Victoria

If you need legal advice or referrals you can contact the following:

Find more information on the links below:

Queensland

Penalties for speeding can range from a $146 fine and one demerit point (if you are not more than 13km/h over the speed limit) to $1,026 and eight demerit points (if you are more than 40 km/h over the speed limit) and $4,400 and imprisonment (if you engage in street racing or speed trials).

Tasmania

You will need to check what approvals you need for modifying your car.

Some modifications, such as those varying the standard shape of the vehicle, replacing the standard engine or extending or altering the chassis in any way may need the approval of the Transport section of the Department of State Growth (you find more information and a copy of the modification approval forms here).

Make sure you make modifications within the guidelines, or you risk getting a Defect Notice put on your car by Police or Transport Inspectors –  you’ll have 28 days to fix the problems, or risk having your car registration suspended or cancelled.