Myth busted: Police reveal there is NO 'ten per cent rule' for speeding – but some states have a 'tolerance level' for drivers going over the limit

  • The National Roads and Motorists' Association (NRMA) say the rule is a myth
  • Three Australian states have a 'tolerance level' for drivers who go over the limit
  • New South Wales police will consider a some factors before issuing penalties 
  • But Victoria police have no mercy for motorists who go over as little as 2 km/h 

There is no 'ten per cent rule' for speeding which allows motorists to escape penalties for marginally exceeding the speed limit, police have revealed.     

Queensland and Western Australia police both refuted the 'myth' that a driver in a 60kmh zone could travel at up to 66kph or a motorist in a 100kph zone could go up to 110.

However New South Wales, Queensland and South Australia all have a 'tolerance level' under which which drivers can speed by a certain amount and not get fined.   

A Queensland and Western Australia police spokesperson said the ten per cent rule 'is a myth'

A Queensland and Western Australia police spokesperson said the ten per cent rule 'is a myth'

'It's a myth. The easiest way to avoid speeding fines is to observe and stick to the speed limit,' WA Police said.

Queensland Police also described the rule as a 'myth', but said admitted officers do have a 'tolerance level' in place for speeding.

'We have never disclosed what it is, as it would create a de-facto speed limit,' a spokesperson told Yahoo News.

South Australia police said they were unwilling to disclose the extent of their own tolerance level, but said one does exist in each bracket. 

'Our policy is not to discuss or reveal these as we believe it will essentially set a default speed limit on the roads' Traffic Support Branch Superintendent Bob Gray said.

According to the National Roads and Motorists' Association (NRMA), NSW police will consider factors such as traffic and road conditions before they fine speeding motorists.

'A police officer has a level of discretion and can take a number of matters into consideration at the time of the offence,' Assistant Commissioner John Hartley told the NRMA.

If a NSW motorist is driving a few kilometres above the limit but is travelling at a pace consistent with surrounding vehicles, police may let the driver off without a fine because there is no danger posed.

Leniency to drivers caught going over the limit by speed cameras is harder to determine

Leniency to drivers caught going over the limit by speed cameras is harder to determine

On the other side of the coin, motorists are likely to be fined for going over the speed limit in a roadwork zone because it risks the safety of road workers.

Leniency to drivers caught going over the limit by speed cameras is harder to determine.

'The matter of speed camera tolerances is not discussed publicly in the interest of road safety,' the Centre for Road Safety executive director Bernard Carlon told NRMA.

However the NRMA says Victoria police have no mercy for speeding motorists who exceed the limit for as little as 2 km/h.   

'The NRMA supports the current speed limit regime but we also welcome a situation where authorities can exercise discretion and commonsense,' the company's website read.

SPEEDING PENALTIES 10 KM/H ABOVE THE LIMIT IN AUSTRALIA 

New South Wales: 4 demerit points/ $353 fine 

Australian Capital Territory:  2 demerit points/ $92 fine

Queensland: 1 demerit point/ $174 fine 

Victoria: 3 demerit points/ $322 fine 

Tasmania: 3 demerit points/ $311 fine  

South Australia: 3 demerit points/ $357 fine 

Northern Territory: 1 demerit point/ $150 fine 

Western Australia: 2 demerit points/ $220 fine  

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Police reveal there is NO such thing as a '10 per cent' leniency rule for speeding

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