Can I challenge my speeding ticket in Victoria?

Have you received a speeding ticket in Victoria? Most drivers will, at one time or another, get caught for exceeding the speed limit. Speeding offences can lead to

1. significant fines being imposed,[1]
2. the accumulation of demerit points against your driver licence,[2] and
3. the automatic mandatory suspension of your driver licence (should you exceed the speed limit by 25 km/h or more).[3]

If you are detected speeding by either a fixed road safety camera or a police officer using a speed gun, you will most likely be issued with an Infringement Notice.[4] If you receive an Infringement Notice, and wish to challenge it, your options are as follows:

1. Nominate the Actual Driver

If you were not driving the vehicle at the time of the alleged offence, you should nominate the person who was driving.[5]  This is particularly important if the vehicle is registered in a company’s name, as the fine imposed is generally ten times that for an individual, and failure to nominate can result in further penalties being imposed.[6]

2. Application for Internal Review

One option for dealing with an infringement notice is to apply for an internal review by writing to Victoria Police. If you decide to apply for an internal review, you are asking Victoria Police to withdraw the infringement notice and issue an official warning instead.[7] If Victoria Police does withdraw the infringement notice, you will not be required to pay any fine and you will not accumulate any demerit points against your driver licence.

Whilst Victoria Police has discretion to withdraw an infringement notice, they generally will do so in only limited circumstances, namely, where you have exceeded the speed limit by less than 10 km/h, and if your driving record for the previous two years is clean (see Victoria Police’s website for further information).

In an application for internal review, an admission of liability for the speeding offence will be considered favourably by Victoria Police, and it is more likely the infringement notice will be withdrawn. You should not admit liability if you did not commit the alleged offence and wish to challenge the alleged offence in Court.

3. Object to the Infringement Notice

You may object to the infringement notice and have the matter referred to Court.[8] You must object to the infringement notice before the due date (generally 28 days after the date of the notice) by completing the relevant section on the infringement notice and sending it to Fines Victoria.

When you object to the infringement notice, Victoria Police will withdraw the infringement notice and file charges with the Court. The matter is then dealt with through the Court process.

If you wish to object to an infringement notice, and challenge the alleged speeding offence, we strongly suggest engaging a lawyer to substantially increase your chances of success.

How can DSA Law help?

If you have a infringement notice, or require assistance in challenging a speeding offence, and believe you could benefit expert legal assistance, please Contact Us or one of our Commercial Lawyers at DSA Law on (03) 8595 9580.

---

[1] Road Safety Road Rules 2017 (Vic) r 20.  

[2] Road Safety (Drivers) Regulations 2019 (Vic) sch 3.

[3] Road Safety Act 1986 (Vic) s 28 (‘RSA’); RSA sch 5.

[4] Infringements Act 2006 (Vic) s 12.

[5] RSA, s 84BE.

[6] Ibid s 84BEA.

[7] Infringements Act 2006 (Vic) s 8.

[8] Infringements Act 2006 (Vic) s 16.