Road rules and regulations are crucial to maintaining a safe and orderly traffic environment. Issue infringement notices serve as initial notifications of potential violations, providing individuals with options to either contest the claims or seek further review.
If you receive an infringement notice, understanding your rights and the available avenues for response is essential. If you receive a speeding fine or infringement notice, you can challenge the notice in two ways.
Apply for an internal review by the infringement agency, such as Victoria Police, local council, or VicRoads (note, reviews are not available for excessive speeding offenses), or apply to challenge the infringement notice in the Magistrates’ Court.
Internal review
If you have received an infringement notice, you may apply to have the fine reviewed by the issuing agency. Only one internal review application is available per infringement notice.
It is important to avoid making any admissions during the internal review process if you later intend to challenge the infringement notice in Court, as the information you provide may be used against you later.
A person who has serious personal issues or mental health illness may apply for a review under a ‘special circumstances’ application. Special circumstances may apply if, at the time of the offense, a person:
- had a mental or intellectual disability, disorder, disease, or illness;
- had a serious addiction to drugs, alcohol, or a volatile substance;
- experienced homelessness; or
- was affected by family violence.
Special circumstances may also apply to a person who cannot deal with infringements due to severe disabling long-term circumstances.
Excessive speeding fines
Excessive speeding fines are issued for driving 25km or more above the speed limit or driving at more than 130km if the speed limit is 110km.
If you receive an excessive speeding fine, your driver’s license will be suspended, or in some cases, it will be canceled within 28 days. The length of the suspension is dependent on the seriousness of the offense.
If you were not driving the vehicle at the time, you have 28 days to nominate a responsible driver or apply for an internal review before your license is suspended or canceled.
Challenging infringements
Following an internal review, you can apply to the Magistrates’ Court to challenge the infringement.
If you decide to challenge an infringement in Court, you need to apply to the Court urgently, before the due date on your infringement notice. If your application is accepted, your matter will be heard at the Magistrates’ Court, and a Magistrate will determine an appropriate penalty.
However, the Magistrate may impose a more serious penalty, and you may incur extra costs than in the initial infringement, including license disqualification or suspension, unpaid community work, fine, or conviction.
If the Magistrate determines the infringement is invalid, your case will be dismissed or discharged.
However, even if you are found not guilty, the Court appearance and outcome will be recorded on your criminal record. This approach is intended to deter people from challenging infringements in Court unless on valid grounds.
Appealing a fine in Court, therefore, has serious implications. If you have grounds to challenge an infringement notice, seek legal advice and support from an experienced traffic offence lawyer as early as possible.
Notice of Final Demand or Enforcement Warrant stage
It is too late to nominate another driver if your infringement is at the notice of final demand or enforcement warrant stage.
However, you may still be able to nominate a responsible person if your fine is for a traffic or tolling (Melbourne CityLink/Linkt or Eastlink) offense upon application for an Infringement Extension with the Magistrates’ Court.
Or a parking offense upon application for an Enforcement Review on the grounds of being a ‘person unaware’ of the infringement.
A person who is not able to nominate the responsible person due to family violence may be eligible for the Family Violence Scheme, which may allow the infringement to be withdrawn.