In some circumstances, a person fined for a speeding offence may be able to rely on the legal defence of honest and reasonable mistake, on the basis that they were misled about the appropriate speed limit and his or her mistaken belief about the limit that applied was both genuine and reasonable in all of the circumstances.

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It is important to carefully consider whether to elect to take a penalty notice to court, as it can result in a harsher penalty than that which comes with the penalty notice.

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The following outlines the general rules regarding speeding in New South Wales, relevant speeding offences and penalties and what you should do if you’re not sure of the speed limit.

That said, a court also has discretion to deal with the matter by way of a non-conviction order such as a section 10 dismissal in the event you wish to plead guilty or are found guilty and seek leniency.

If you are you going to court to contest a traffic offence, call Sydney Criminal Lawyers anytime on 9261 8881 to arrange a free first conference during which one of our experienced traffic lawyers will assess the case, advise you of your options and the best way forward, and fight for the optimal outcome.

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A driver must not drive at a speed over the speed limit applying to the driver for the length of road where the driver is driving.

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Driving or riding in excess of the speed limit, or speeding, is one of the most frequently penalised traffic offences in New South Wales.

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In the context of speeding, this means a driver may be found not guilty if it is established he or she was not aware they were exceeding the speed limit in the area. Circumstances which might give rise to the defence of honest and reasonable mistake include:

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In New South Wales, the seriousness of a speeding offence is characterised by the speed you were driving, in comparison to the designated speed limit in the area at the time.

That being so, those who believe that were on the right side of the law can apply for a review or, if this is refused, elect (choose) to take the matter to court and put the prosecution to proof; in other words, make them prove the allegations.

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The speed limits in NSW can vary between 10km/h – 110 km/h. For the majority of roads, the speed limit will be ~50km/h in urban / built up areas, ~100 km/h in rural areas or 110 km/h for freeways.

If a speed limit sign does not apply to a length of road and the length of road is not in a speed limited area, school zone or shared zone, the speed limit applying to a driver for the length of road is the default speed limit.

The defence of ‘honest and reasonable mistake’ is available in ‘strict liability’ cases, which are those for which the prosecution does not need to prove a mental fault element such as negligence, recklessness or intent.

It’s important that driver’s take note of areas where speed limits may change on the basis of certain time limited zones (for example school zones) or whether there have been adjustments to speed in an area as a result of construction or a major event.

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Along with a formal defence of honest and reasonable mistake of fact, additional arguments put forth in court when defending such allegations include:

According to Revenue NSW, the state government received more than $1.5 billion in revenue from fines issued to motorists for speed and red light camera-detected offences between 1 January 2016 and 31 July 2023; $1,541,709,211.00 to be precise.

If you’re not sure what the speed limit is on a given road, or if there is no signage present, the general advice is to go the ‘default speed limit’

It is important to be aware that the onus rests on the prosecution to prove any speeding allegation beyond a reasonable doubt.

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In these cases, the charge must be dismissed if the defendant establishes on the ‘balance of probabilities’ an honest belief on reasonable grounds that he or she was mistaken about a fact that is essential to establishing the offence.

A ‘built up area’ in relation to a length of road, means an area in which either of the following is present for a distance of at least 500 metres or, if the length of road is shorter than 500 metres, for the whole road:

It’s important that when you drive on NSW roads, that you do not exceed the speed limit for the stretch of road you are driving on. But what if you’re unsure?

It’s important to note that this defence will not be available merely because a driver was inattentive as to the appropriate speed, or missed the signage which indicated the speed limit. You should speak to an experienced traffic lawyer before pursuing the defence of honest and reasonable mistake of fact.