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Is it illegal to go five km over the speed limit?

Driver education Safety Is it illegal Urban Hacks
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In the eyes of the law, there are zero allowable excuses to driving above the speed limit.
Iain Kelly
Contributing Journalist
4 Jun 2018
3 min read

Yes, as we all know, it's illegal to drive above the posted speed limit at any time. Ever.

It doesn’t matter if you’re going to miss the first five minutes of The Bachelor, or whether you were overtaking a truck, there are zero allowable excuses to driving above the speed limit in the eyes of the law.

And that includes during an emergency, where emergency services expect you to call them and have operators trained in high-speed driving respond as it is safer than having members of the public racing through the streets in unchecked cars (that also have no emergency lights or sirens).

When you see a numerical speed sign on a white background, that is the posted speed limit and the maximum permissible speed you are allowed to travel at on that piece of road. Yellow numerical speed signs are suggestions for upcoming corners, hazardous stretches, or tricky sections of road (including causeways, dips, blind crests, corners, downhill stretches, and more).

Speeding not only carries huge risk or being injured or killed in a crash, the financial penalties are massive. These range from fines of $100 (speeding within 9km/h of limit in Tasmania), up to $2350 for 45km/h over the limit in NSW, but there is far worse for drivers feeling the need for speed.

Australian licences allow a maximum of 12 (or in some cases, 13) demerit points. Nearly all on-road offences carry demerit point penalties and, once you’ve reached your 12 (or 13) then you lose your licence.

The minimum suspension is three-months, and these increase in severity with the weight of the law that is broken. For instance, if you are caught over 45km/h over the speed limit in NSW you instantly lose your licence for six months (minimum).

For P1 provisional and learner permit holders if you are caught speeding you lose your licence instantly on the first offence. So, ask yourself if losing your freedom to go for a drive is worth breaking the speed limit before you put your foot down.

The list of speeding offences for NSW can be found here, Queensland, Victoria, Western Australia, South Australia, Tasmania, and the ACT.

This article is not intended as legal advice. You should check with your local road authority to verify the information written here is suitable to your situation before driving in this manner.

​Have you been booked for travelling less than five km/h over the speed limit? Tell us about it in the comments below.

Iain Kelly
Contributing Journalist
A love of classic American and European cars drove Iain Kelly to motoring journalism straight out of high school, via the ownership of a tired 1975 HJ Holden Monaro.  For nearly 20 years he has worked on magazines and websites catering to modified late model high-performance Japanese and European tuner cars, as well as traditional hot rods, muscle cars and street machines. Some of these titles include Auto Salon, LSX Tuner, MOTOR, Forged, Freestyle Rides, Roadkill, SPEED, and Street Machine. He counts his trip to the USA to help build Mighty Car Mods’ “Subarute” along with co-authoring their recent book, The Cars of Mighty Car Mods, among his career highlights.  Iain lends his expertise to CarsGuide for a variety of advice projects, along with legitimising his automotive obsession with regular OverSteer contributions. Although his practical skills working on cars is nearly all self-taught, he still loves nothing more than spending quality time in the shed working on his project car, a 1964 Pontiac. He also admits to also having an addiction to E30 BMWs and Subaru Liberty RS Turbos, both of which he has had multiple examples of. With car choices like that, at least his mum thinks he is cool.
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