19BCourt-imposed penalties for excessive speeding

19B Court-imposed penalties for excessive speeding

[Section 19B of Part 3 Inserted by No. 69 of 2001, s. 10, Applied:10 Dec 2001]

(1)  A court that convicts a person of an excessive speeding offence must –

(a) disqualify the convicted person from driving for a period of not less than –

(i) 3 months if the court finds that the person exceeded the prescribed speed limit by 38km/h or more, but by less than 45km/h; or

(ii) 4 months if the court finds that the person exceeded the prescribed speed limit by 45km/h or more; and

(b) exercise the court's power under section 17(2) or (3) consequent on the disqualification; and

(c) impose on the convicted person a fine of –

(i) not less than –

(A) $250 or, if another amount is prescribed (whether in dollars or penalty units), the prescribed amount if the court finds that the person exceeded the relevant speed limit by 38km/h or more, but by less than 45km/h; or

(B) $400 or, if another amount is prescribed (whether in dollars or penalty units), the prescribed amount if the court finds that the person exceeded the relevant speed limit by 45km/h or more; but

(ii) not more than the maximum fine prescribed under the Traffic Act 1925 .

(2)  Notwithstanding subsection (1) , the court may impose a lesser period of disqualification or a lesser fine than the minimum period of disqualification or fine required under that subsection if it is satisfied that it is just to do so because there are, in the circumstances of the case, special reasons for exercising the power conferred by this subsection.