Many drivers wonder whether going slightly over the speed limit will result in a fine. While it's often claimed that a 10% speed tolerance exists in New South Wales, this is not officially supported by any current legislation or publicly available enforcement policy.
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No Official 10% Rule
There is no formal rule in NSW that allows drivers to legally exceed the speed limit by 10%. If you drive over the posted speed, you are technically speeding and could be fined. NSW Police and speed cameras are both authorised to issue penalties for any amount above the speed limit.
Police Discretion in NSW
While there is no published tolerance, NSW Police officers can exercise discretion. That means officers may take into account:
- Traffic and road conditions
- Your driving behaviour (e.g. aggressive vs smooth driving)
- Relative speed compared to surrounding vehicles
- Whether you are in a high-risk area (e.g. school zones or roadworks)
However, this discretion is applied case-by-case and should not be relied upon as a guarantee of leniency.
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Speed Camera Enforcement
Unlike police officers, speed cameras enforce the law automatically based on vehicle speed detection. The specific tolerance levels used by cameras are not made public in order to deter speeding. However, cameras are subject to strict calibration standards and legal accuracy requirements.
Victoria vs NSW: A Comparison
In Victoria, drivers have reported being fined for speeding by as little as 2 km/h, highlighting a stricter enforcement policy. In contrast, while NSW drivers sometimes assume there is a grace margin, the law still states that exceeding the posted limit by any amount constitutes an offence.
Bottom Line for NSW Drivers
- There is no legal 10% buffer for speeding in NSW.
- Police may exercise discretion, but this is not a right or entitlement.
- Speed cameras are unforgiving and operate within strict calibration standards.
- The safest approach is to always stay within the posted speed limit.
Current Speeding Penalties in NSW (as of 2025)
| Offence | Fine | Demerit Points |
|---|---|---|
| Not more than 10km/h over limit | $130 | 1 point |
| 10-20km/h over limit | $287 | 3 points |
| 20-30km/h over limit | $481 | 4 points |
| 30-45km/h over limit | $920 | 5 points |
| Over 45km/h | $2,893 | 6 points |
Disclaimer: This content is for general information only. CarExplore takes no responsibility for errors or how the information is used. Always refer to official sources for current legal guidance.
Dylan Anderson
Dylan Anderson
