When setting maximum speed limits, most states and territories in Australia follow the model national road rules. Under these rules: Posted speed limits are capped at 110km/h. Where there is a no speed limit posted, default speed limits are 50km/h in built-up areas, and 100km/h in rural areas.
Speeding fines
You can be fined: 10 penalty units for driving less than 35 km/hour over the speed limit. 15 penalty units for driving at 35 km/hour or more but less than 45 km/hour over the speed limit. 20 penalty units for driving 45 km/hour or more over the speed limit.
The highest posted speed limit in the country is 85 mph (137 km/h) and can be found only on Texas State Highway 130, a toll road that bypasses the Austin metropolitan area for long-distance traffic.
For those of you stressing out about your speeding ticket, it could be worse. The fastest known speeding ticket was issued in May 2003 in Texas. The driver was operating a Koenigseggs CCR, a super sports car made in Sweden, and was allegedly going 242 mph (389 km/hr) in a 75 mph zone.
In 1996, the state of Montana reverted to the state speed limit policies that existed prior to 1974 and the National Maximum Speed Limit. The national maximum limit was repealed in December of 1995.
Immediate licence suspension will apply to: a person caught driving 45 km/h or more over the speed limit or 145 km/h or more in a 110 km/h zone (these motorists are also subject to vehicle impoundment)
What is the 'rule'? The 'rule' itself is quite straightforward: if the speed limit is (for example) 30mph, the rule states that you won't get a speeding ticket unless you are going 10% plus 2 mph faster than the limit.
“So for example, travelling at 35mph or above in a 30mph zone will be recorded as a speeding offence. “However, Go Safe say thresholds vary and can change without notice. “Officially, any speeding offence occurs at 1mph above the limit, but most forces will allow a variance.”
This means that the police are lawfully allowed to speed, drive through red lights and do other acts which would ordinarily be a traffic offence. They can also use mobile phones while driving and not wear a seat-belt. Importantly, however, they can only drive like this if they are performing their duties.
Germany is debating implementing speed limits on its federal highway system Autobahn.
On a road with one lane in each direction, going 10-mph is legal, but can impede the flow of traffic. If it's safe to do so, drive closer to the max speed limit. If you're driving so slow that a line of more than five cars has queued behind you, it's best to pull over to the shoulder and allow the drivers to pass you.
In Australia, we have various speed limits depending on the type of road and level of pedestrian activity. The maximum legal speed a car can travel at is 130km/hour, which exists in a section of a highway in the Northern Territory.
As can be seen from the list above, the courts cannot send you to prison for a speeding offence alone. The maximum penalty for speeding is a fine and penalty points or a driving disqualification.
In the eyes of the law, you're liable for a speeding fine as soon as you exceed the limit. So if you're doing 31mph in a 30 limit or 71mph on motorway, you're breaking the law.
The 10% rule
That's because the National Police Chiefs' Council (NPCC) urges police officers to use their discretion when dealing with drivers who break the speed limit. To be more specific, they recommend only handing out speeding tickets if a driver surpasses the speed limit by 10% plus 2.
The camera itself gives a speed measurement, but a court will rely on a technician's calculation of the distance covered over the ground, which is estimated to be accurate to within one mile per hour. Successful challenges have been made on occasion, however.
In order to be convicted a police officer must also provide evidence which corroborates his opinion that you were speeding. Speeding is the only offence under English Law which requires evidence of corroboration. This can be done in a number of ways.
Simply driving a bit slower than the cars around you is fine, but according to the Australian Road Rules, a driver must not “unreasonably obstruct the path of another driver or a pedestrian”. For example, driving 20km/h in an 80km/h zone without a suitable reason could land you in trouble with police.
If your fine is for an excessive speed, drink or drug-driving offence, your application will be submitted as a Notice of Objection. Your Notice of Objection must be submitted within 28 days from your Infringement Notice issue date, before your licence is suspended.
The police driver cannot exceed the speed limit or contravene road signs – no exemption should be permitted. Holders of a BASIC driving authority are allowed to drive police vehicles on enquiries only.
The lowest maximum speed limit in the country is 30 miles per hour (48 km/h) in American Samoa.