As of Monday 21 September 2015, drivers issued with an infringement for exceeding the speed limit by 10km/h (or more) but less than 15km/h will no longer be able to apply for an official warning notice on the basis of a previous good driving record.
Due to the significant risks of road trauma associated with speeding, Victoria Police sees no road safety benefit to justify receiving an official warning for speeding infringements issued for more than 10km/h but less than 15km/h over the limit.
Motorists issued with an infringement in this speed category are still able to apply for an official warning under provisions for special or exceptional circumstances.
If you have recently received an Infringement Notice you may apply for an Internal Review.
When can I seek an internal review?
An application for internal review can be made at any time before the offence is lodged with the Infringements Court, or before the expiry of the period for bringing a proceeding to court in relation to the offence.
The internal review process has to be followed to make a request for consideration of an official warning.
Only one application for internal review can be made regarding any one infringement offence.
Applications for internal review must:
- be in writing
- state the grounds for review
- provide current address and licence details
- contain letter of consent, or other evidence of consent, if submitted on behalf of a third party.
Grounds for review are:
- If you believe the decision to serve the notice was contrary to law
- There is a mistake in identity
- Your conduct should be excused as exceptional
- If special circumstances apply
Victoria Police has the discretion, upon review, to withdraw an infringement notice and issue an official warning in its place.
Each application for an official warning is reviewed on a case-by-case basis with factors such as the circumstances, time of offence, weather conditions, traffic density and type of road/land abutting taken into account.
Alleged Speeds of less than 10 Km/h
Correctly verified infringements issued for alleged speeds of less than 10 km/h in excess of the posted limit may be eligible for an official warning if:
(a) No speeding infringements, safety related infringements or official warnings have been issued to the driver in the previous two (2) years; and
(b) The criteria for Good Driving Record are satisfied
Exceptional - Nature of circumstances surrounding the offence, other than Special Circumstances, such that when considered, demonstrates grounds for leniency.
Extenuating - Nature of circumstances surrounding the offence, such that when considered, leniency would not normally be an option under the defence of exceptional circumstances, but demonstrates grounds for further consideration and possible leniency. This includes medical emergency or circumstances not specifically covered in policy by Official Warning Criteria.
Good Driving Record - A driving record that has not had any demerit points added within the past two years, and which does not meet the definition of Poor Driving Record.
Poor Driving Record - determined as:
(a) 6 or more demerit points in the past twelve months; or
(b) 5 or more infringements in the past three years.
Considerations During Review Process
Consideration should be given where relevant to any or all of the following:-
(a) Offence complete and established in accordance with the standard points of proof;
(b) Admission of offence;
(c) Good driving record as defined;
(d) Poor driving record as defined;
(e) Type of road - dual / divided;
(f) Location (residential / industrial / school / intersection);
(g) Time of day;
(h) Traffic density at time of detection;
(i) Speed zone (e.g. 40 km/h school zone);
(j) Weather conditions;
(k) Safety related offence as defined; and
(l) Previous convictions in the past ten (10) years
Victoria Police has guidelines regarding the enforcement of multiple speed camera infringements issued to drivers detected at low speeds within certain freeway/highway zones.
These guidelines are being adopted to ensure that drivers are being afforded the opportunity to positively alter their driver behaviour, without being penalised by multiple infringements.
Note: these guidelines do not apply to safety related offences.
For the purpose of these guidelines, a Low Speed Infringement (LSI) is a speed of less than 10 km/h above the posted speed limit.
The discretion to be applied to multiple low speed infringements relates to those received over a period of several days, prior to the driver becoming aware of the first issued infringement.
The same principles will also apply to multiple offences of driving/using an unregistered vehicle subject to certain criteria.
In essence, you may be eligible to have some multiple infringements that come within the guidelines withdrawn.
Should you wish to be considered for withdrawal of infringements within these guidelines, please forward a written application for review to the Traffic Camera Office.
Officer in Charge
Traffic Camera Office
GPO Box 1916
Victoria Police will notify the applicant of the outcome of the review in writing.
Serious road safety related offences are ineligible for official warnings
An official warning will generally not be given for a red light, mobile phone, seatbelt or any serious road safety offence; this is due to the serious nature of the risk that these types of offences pose to all road users.
However consideration may be given where a proven emergency situation can be shown.
For more information about your eligibility for an Official Warning call Fines Victoria on (03) 9200 8111, between 8am and 6pm, Monday to Friday. Callers from regional Victoria can contact Fines Victoria for no cost on 1800 150 410.