In Victoria you can apply for an official warning if you're less than 10km over the limit (used to be <15km). I got off a Victorian one coming home once they got me at 115km in a 110km zone. The Victorian highway patrol officer explained that he had no choice but to book me but told me about the official warning system. From their website:
Victoria Police said:
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
I was always under the impression that there was some leeway with the highway patrol but definitely not in Victoria! They aren't allowed to use judgement whereas in NSW they are but it can vary from officer to officer depending on circumstances. There is no official 10% leeway either. From the NRMA:
NRMA Wade O'Leary on 13 March 2017 said:
Is it safe (ie. I wont get booked) to go 10 per cent above the speed limit? Alicia C asks.
The simple answer is that its not safe for a number of reasons and that there is no official 10 per cent tolerance, but it is true that NSW Police can exercise judgement in a way their Victorian counterparts cant.
NRMA has learned key factors NSW Police take into account when enforcing speed limits are driving style, relative speed, traffic behaviour and road conditions.
For example, an aggressive driver who is tailgating at slightly more than the legal speed limit will almost certainly to be booked for both offences.
Police will also enforce limits more strictly if conditions are compromised, such as in roadworks zones.
But a motorist who is, for example, driving smoothly and at a pace consistent with traffic flow on a 100km/h-limited stretch of road yet is found to be proceeding at several kilometres per hour above the legal limit may be allowed to proceed if officers judge that there is no danger posed.
There is a tolerance set into speeding cameras in NSW but they won't say what it is in the "interests of safety".
You can also apply to have a fine reviewed in NSW if you have a 10yr good driving record & the fine is for less than 20km over the limit.
Office of State Revenue said:
Request a Review
Seeking consideration of a 10 year clear driving record for a traffic offence.
We cannot consider a clear driving record for parking, non-demerit or serious traffic offences, such as a school zone offence, speeding more than 20 km/h over the limit or driving while using a mobile phone.
I recently wrote in an application request for review for my wife & they waived her fine all good :Y:
