Elements of the offence

Pursuant to s 45A of the Road Traffic Act 1961(SA), it is an offence to exceed the speed limit by 45 kilometres an hour or more.

Expiation penalties

A person can be given an expiation notice for an excessive speed offence:

For the amount of the expiation fee, see the Expiable Offences and Fees Form PD320A on the SAPOL website (current as at 11 September 2023).

Licence disqualification by police (instant loss of licence)

Where a police officer reasonably believes that a person has committed an offence against section 45A, or where a person has been given an expiation notice as owner of the vehicle pursuant to section 79B, it will attract a disqualification notice under section 45B of the Road Traffic Act 1961 (SA). The disqualification notice issued by police has the effect of suspending a person’s licence if one is held, and of preventing a person from applying for a licence if no licence is held.

The disqualification or suspension commences [s 45B(10)]:

The disqualification operates for a period of no longer than 6 months, and will conclude earlier if court proceedings are finalised, withdrawn or otherwise discontinued. The court may determine a longer or further period of disqualification as part of the conviction penalty (see below).

Conviction penalties

If a court convicts a person the penalty will be [s 45A(1), (3)]:

Pursuant to s 45A(4a), an aggravated offence includes where the offender:

Previous convictions counted if within 5 years

In determining whether an offence is a first or subsequent offence, a previous conviction or expiation for an offence against sections 45A or 46 (reckless and dangerous driving) will be counted if committed within 5 years of the offence in question [s 45A(4)].

Excessive speed and road works

Where speed limit signs are placed on a road in relation to road works these will not be of any effect for the purposes of section 45A unless workers are either engaged at the road works site, or the area of road affected by the road works involves a greater than normal level of hazard [Road Traffic Act 1961 (SA) s 20(11)(b)]. This means that, if the usual speed limit is 50 km/h but signs are placed near road works on that length of road indicating a speed limit of 40 km/h past the road works, then a person travelling at 90 km/h on that length of road will not be guilty of the offence of excessive speed unless workers are engaged at the site or the site presents a greater than normal hazard. Workers will be taken to be engaged at the site if they are present in the area, or if they have been temporarily absent from the area for a period not exceeding two hours [Road Traffic Act 1961 (SA) s 20(15)]. Even if section 45A does not apply, however, if a driver has exceeded the normal speed limit they may still be guilty of the normal speeding offence against the Australian Road Rules.