What action can an operator take?
The onus is on the operator to manage the vehicle properly. Operators can implement measures such as: ensuring that speed limiters are fitted, working effectively, and are 'tamper proof'; setting travel schedules that do not force drivers to speed; and ensuring that 'piece rates' paid to drivers do not encourage speeding.
What if a vehicle has multiple drivers?
'Strikes' are recorded against the registration of the vehicle. It does not matter that a vehicle may have a number of drivers, as it is the responsibility of the vehicle operator to ensure that the vehicle is properly used and managed to avoid repeated violations of traffic law.
What action will be taken against drivers?
Drivers detected travelling 15 km/h or more over the posted or relevant heavy vehicle speed limit will be issued a speeding infringement, and will have 'points' recorded against their driver’s licence in accordance with the demerit points scheme.
When did the scheme start?
On 1 January 2003 the "Three Strikes and you're out" scheme was extended to include all Heavy Vehicle Speeding Offences 15 km/h or more over the posted or relevant heavy vehicle speed limit. (The original scheme which commenced on 1 July 1998 applied only to Heavy Vehicles travelling at or more than 115km/h).
Can I appeal a strike?
The RTA will revoke a strike if the registered operator of the vehicle can provide the RTA with evidence from either a court, NSW Police or the Infringement Processing Bureau (IPB), that a speeding incident was recorded in error.
Before a vehicle's registration is suspended, the operator will be asked by the RTA to provide reasons why the vehicle's registration should not be suspended. The operator will have 21 days to respond to the request. If the operator cannot provide a sufficient reason why the registration should not be suspended, the RTA will act to suspend the registration of the vehicle.
An operator of a heavy vehicle may ask the RTA to review a decision to suspend the vehicle's registration. The suspension will be lifted if the operator can provide the RTA with evidence that:
- the vehicle was being used at the time of the speeding incident without the consent of the vehicle's registered operator; or
- a court has decided that the vehicle was not travelling at, or more than, 15 km/h above the posted of relevant heavy vehicle speed limit; or
- a court has decided that the speeding incident was recorded in error because of wrongful or mistaken identity.
If a NSW vehicle has its registration suspended the operator may appeal against the suspension to a local court. If the operator appeals, the appeal must be lodged with the court not later than 21 days after the suspension notice is received. The lodgement of an appeal does not enable the vehicle to be driven pending the hearing of the appeal. This also applies to interstate vehicles which have had interstate visiting vehicle privileges suspended.
If a FIRS vehicle registered in NSW is suspended the operator may seek reconsideration of the decision by the Commonwealth Minister for Transport, and if dissatisfied with the Minister's decision make application to Commonwealth Administrative Appeals Tribunal for review. Any application for reconsideration by the Minister or Administrative Appeals Tribunal does not operate as a stay of a decision to suspend registration.
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