Speeding Offences and Penalties in Tasmania

Every driver in Tasmania has a duty not just to their vehicle but to the roads and other users.

There are several penalties for the varying degrees of Traffic offences in Tasmania.

The key legislation that guides the conduct of drivers, traffic officials and other road users in Tasmania are;

• The Vehicle and Traffic Act 1999 (Tas),
• Traffic (Compliance and Enforcement) Regulations 2017 (Tas)
• and
• The Criminal Code Act 1924 (Tas) which mostly gives an overview of grievous traffic offences in Tasmania.

If an individual is convicted in a Tasmanian court for a speeding offence, the offence will show up as a disclosable court outcome (DCO) on a national police clearance check in Tasmania.

Speeding Offences

The Traffic laws in Tasmania are not limiting laws for drivers to flex their use of roads or deft driving, but to ensure safer road usage for everyone. The commonest traffic matter considered in Tasmania courts (lower courts) are Speeding offences.

There are specific descriptions to what qualifies as a speeding offence in Tasmania; it usually depends on;

• ✔ Environment or place where the person is driving
• ✔ How much the driver exceeded the speed limits
• ✔ The License status of the person driving the car or assuming such responsibility under legal terms
• ✔ The type of car (usually decided by the weight or load)
• ✔ The presence of a speed warning sign
• ✔ Other relevant matters relating to the road and activities on it.

What are the penalties for speeding offences in Tasmania?

Every speeding offence contravenes one or more sections in the Vehicle and Traffic Act 1999 (Tas). The Act prescribes the standard punishments for offenders which may vary.

Typically, the Police officer or other authorised official will issue a ticket to a driver guilty of speeding. Tickets are less lenient forms of penalties for speeding offences in Tasmania. However, a driver accused of committing a grievous speeding offence (e.g. leading to fatalities) is charged to court by the Police.

Grievous speeding offences usually incurs penalties leading to heavy fines, car impoundments or imprisonment. In some cases, the court may order multiple penalties on a guilty person.

What are the punishments for Speeding offences in Tasmania?

Tasmania has severe penalties for speeding offences. The penalties for speeding offences vary with the degree of the offence; how much the driver exceeded the speed limit when they were caught.

1. Exceeding the Speed Limits by less than 10km/h

Driving a vehicle within this range is considered a minor speeding/traffic offence but still gets punished. You can also get the equivalent punishments if you were controlling a person driving the vehicle at the time.

Driving your vehicle below 10km/hr above the given speed limits for a length of road incurs;

• $87 in fine and penalties or 16 penalty units
• Two demerits point loss to your Driver's license

2. Exceeding the speed limit by (10 – 14) km/h above the given speed limits

It is still a mild traffic offence to operate your vehicle within this speed above the speed limits. Anyone guilty of operating a vehicle within this range at the time of apprehension will receive more penalties than a primary speeding offence.

The penalty for driving at such speed limits in Tasmania is;

• 18 penalty units in fines ($130 in fine amount)
• 2 demerit point loss to the license

3. Exceeding the speed limits by (15 – 22) km/h above the speed limit

Driving a vehicle within this range above the speed limits is considered a severe offence. The punishments can significantly increase, especially if the offence aggravates events like death or damage to municipalities.

The offence of driving a vehicle within this range carries the penalties of;

• 21 penalty units ($173 in fine amounts)
• Three demerit point loss to their license

4. Exceeding the Speed limit by 23-29 km/h

Speeding offences of this range are usually severe, especially as traffic accidents are always possible. These kinds of speeding offences are severer than previous ones and incur penalties of;

• 24 penalty units (up to $303 in fines)
• Three demerit points to the license of the candidate

5. Exceeding the Speed limits by (30 – 37) km/h

It is a severe offence to operate/drive a vehicle in Australia within this speed limit. It is an offence that incurs punishments of at least;

• 27 penalty units ($519 in fine amounts)
• Five demerit point loss to the person's license

6. Exceed the speed limits by (38 – 44) km/h

Speeding offences of this magnitude are severe, and the offender may get charged to court depending on other matters relevant to the offence. Such speeding offences incur penalties of;

• 30 penalty units ($735 in fine amounts)
• Six demerit point loss to the license of the offender
• A minimum disqualification period for three months

7. Exceeding the Speed limits for a road by above 45km/h

Exceeding the speed limits by above 45km/hr for any road length in Tasmania is a grievous traffic offence. Usually, the offender gets prosecuted in courts for such offences with penalties of;

• 33 penalty units ($995 in fine amounts)
• A minimum disqualification period of 4 months
• Six demerit point loss to the candidate's license

Aggravating circumstances to a speeding offence

Many circumstances can make a speeding offence more grievous and severe than it is. Where the speeding offence becomes grievous, the matter may be committed to higher courts in Tasmania.

The Criminal Code in Tasmania guides other offences that may arise from the aggravating nature of a speeding offence in Tasmania. Some circumstance that will constitute an aggravating situation for speeding offence includes;

• If there is a child in the car, especially if they are not properly tightened to their seats.
• Where the speeding offence leads to death, it is immaterial that the driver caused it intentionally or recklessly
• Where excessive speeding causes damages to private or public property
• Where the person was driving without a license or was previously disqualified
• Other circumstances for a driving offence.

Another example of an offence is where the driver or any other person obstructs the cause of justice. The Act prohibits specific actions that will make discovering an offence impossible in Tasmania.

For example, it is an offence to drive a tow trailer or other vehicle that has a device preventing the effective use of a speed measuring device. Section 280 of the Traffic (Compliance and Enforcement) Regulations 2017 (Tas) prohibits this action and prescribes penalties of;

• 280 penalty units in fines (amounting to $995 in fine amount)
• No demerit point applies for such an offence

This offence also includes cases where the vehicle passenger was the person responsible for the device that counters the measuring device.

Exceeding the speed limits (40km/h) around a bus with a school bus warning sign

It is an offence to disregard the speed precautions and safety around school buses or children areas. The offence of exceeding the 40 km/h regulations around a school bus incurs the penalty of;

For excessive speeding less than 10 km/h;

• $87 in fines amount
• 2 demerit point loss to the license

For exceeding the speed between 10 and 14km/h

• $130 in fine amount
• 2 demerit point loss to the licenses

For exceeding the limits by (15-22) km/h

• $173 in fines amount
• Three demerit point loss to the license

For exceeding the limits between (23-29) km/h

• $303 in fines amount
• Three demerit point loss to the license

For exceeding the limits by (30 – 37) km/h

• $519 in fine amount
• Five demerit point loss to their license

For exceeding the limits between (38 – 44) km/h

• $735 in fines amount
• Six demerit point loss to their license
• Three months driving disqualification

For exceeding the limits by 45km/h and above

• $995 in fines amount
• Six demerit point loss to the license
• Four months disqualification period

Speeding offences around emergency areas

It is an offence to exceed the speed limit, especially in an emergency area (made by regulations). It is a severe offence that incurs penalties of;

For exceeding the speed limits by less than 10km/h;

• $87 in fine amounts,
• 2 demerit point loss to the license.

For exceeding the limits by (10 - 14) km/h;

• $130 in fine amounts,
• 2 demerit point loss to the license.

For exceeding the limits by (15 - 22) km/h;

• $173 in fine amounts,
• Three demerit point loss to the license.

For exceeding the limits by 23 - 29 km/h;

• $303 in fine amounts,
• Three demerit point loss to the license.

For exceeding the speed limits by (30 – 37) km/h;

• $519 in fine amounts,
• Three demerit point loss to their license.

For exceeding the speed limits by (38 – 44) km/h;

• $735 in fine amounts,
• Six demerit point loss to the license,
• Three months disqualification.

Exceeding the speed limits by above 45km/h;

• $995 in fine amounts,
• Six demerit point loss to the license,
• Four months disqualification for the driver.

Court verdicts regarding speeding offences

Section 19B of the Vehicle and Traffic Act allows the court to disqualify a person convicted of driving for extreme speeding offences (speeding above 38km/h). And impose fines that it considers appropriate for the offences.

The offence of driving while disqualified

It is an aggravating circumstance that a person commits these offences without a valid license or where the person is disqualified. Under section 13 of the Vehicle and Traffic Act 1999 (Tas), it is an offence that carries;

First time offenders;

• 40 penalty units in fines, or
• Six months imprisonment term,
• Three months disqualification period.

Subsequent offenders will get penalties of;

• 80 penalty units, or
• 1-year jail term,
• Further five months of disqualification period.

Will a Speeding Offence in Tasmania show up on a Nationally Coordinated Criminal History Check?

If an individual is found guilty of a speeding offence in a Tasmanian court, the offence will show up as a disclosable court outcome (DCO) on the results of their criminal background check.

Traffic offences that are settled out of court (e.g. via a ticket) generally do not show up on a criminal history check.

Individuals can obtain a criminal history check online via the Australian National Character Check - ANCC® website.

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