Do speeding fines and offences show up on a Nationally Coordinated Criminal History Check?

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Speeding offences are one of the most prosecuted offences in Australia. And there are several ways the Australian legislation allows the judiciary to handle such violations.

Depending on where/who deals with the speeding offence, it can be;

1. As an infringement/infraction

These types of speeding charges are settled on infringement notice by the Police or Traffic officer. An offending vehicle or person will be issued a traffic ticket for the violation. Traffic tickets can solve a lot of infractions like;

• Parking infractions,
• Minor speeding offences,
• Other minor violations under the Road and Traffic legislations.

Driving or traffic offences can show up on a Nationally Coordinated Criminal History Check depending on the purpose of the check and the State or Territory's information release policies.

2. As Criminal Charges

Traffic offences can be charged before a Magistrate Court following a routine court proceeding. The Magistrate will also handle the matter and determine whether the offender is guilty as claimed by the Prosecutor (the Official).

If the Court finds a person guilty of traffic offences, it will impose sentencing, which can include;

• Car impoundment (serious offences),
• License disqualification,
• Demerit point loss to their Licenses,
• Fines,
• Imprisonment term.

Also, an accused person who objects to a traffic ticket/fine issued by the official can contest the matter in a Magistrate/local court. If the Court finds the person guilty, it can;

• Impose further punishments,
• Amend the original penalties,
• Convict them of the offence.

Serious traffic offences cannot be dealt with as infringement notices. The official must issue a court summon in such circumstances and any other punishments they consider appropriate.

All convictions for traffic offences issued in a Magistrates or Local Court appear on a Nationally Coordinated Criminal History Check in Australia.

What other offences does Nationally Coordinated Criminal History Check reveal?

The Nationally Coordinated Criminal History Check is a nationwide assessment in Australia that reveals all of a person's criminal history.

The Nationally Coordinated Criminal History Check also contains the details of the crime and the sentence the court-ordered. The categories of offence you will find in a Nationally Coordinated Criminal History Check include;

• All Criminal Charges, including suspended sentences;
• All traffic-related criminal offences where there was a court conviction;
• All findings of guilt where the Magistrate issues no conviction;
• Pending charges;
• Court appearances.

Some of the offences include;

• ✔ Drink Driving offences,
• ✔ Drug driving offences,
• ✔ Driving Under the Influence offences,
• ✔ Murder,
• ✔ Homicide,
• ✔ Theft offences,
• ✔ Fraud offences,
• ✔ Public disturbances like Affray, and so on.

What is a speeding offence?

Speeding offences are some of the most significant contributors to violations and crimes on Australian roads. It doesn't matter whether it is a minor or severe offence. Driving above the limits can cause severe threats to yourself and other road users.

A speeding offence is where a person is caught operating the vehicle over the limits for that road. The traffic official will issue you with a speeding fine if you are caught exceeding the speed limits generally by 15km/h or more. For context, doing 80km/h on the road with a limit of 45km/h will earn you a speeding fine.

The Police can suspend or cancel your license if you don't act on your fines within a stipulated time period - usually 28 days.

The duration of a license suspension depends on the severity of the offence.

In other cases, the Police officer can charge you to Court for a severe speeding offence. It means you may have to employ a lawyer to represent you before a Magistrate.

I wasn't the driver at the time of the offence

If you were not the offending driver at the time of the violation (caught on a speed camera), you must nominate the driver as soon as possible. You can be wrongly accused through a speed camera for a speeding offence.

However, if you do not nominate the driver within the time frame, the law will take you as the offender.

What happens if a license is suspended or cancelled?

You are banned from driving any vehicle for the duration of your license suspension. It is a criminal offence to be caught driving another vehicle while your license is cancelled or suspended.

Getting your License back when the matter is over

After your case, your License will be returned to you after the period of disqualification (for a license suspension).

If the License is cancelled, you would have to re-apply for a license in your State or Territory.

An offender may also get a permanent license disqualification depending on the severity of the offence and their likelihood to reoffend.

Will a Driving Ticket show on other records?

Criminal records/nationally coordinated criminal history checks are not the only kind of background checks in Australia. There are several other checks that prospective employers can conduct to assess the suitability of their candidates.

While a Speeding fine may not necessarily appear on a Nationally Coordinated Criminal History Check (if there was no court conviction), it will appear on a Driving record. A Traffic agency can issue a Driving record, and it contains all your;

• Driver credits,
• Traffic infractions,
• Traffic tickets,
• Demerit points,
• License disqualification,
• License renewals,
• Accident records,
• Other Road and Driving related records in Australia.

However, not all employers will be interested in your driving records. Of course, such records are most valuable when the person applies for a road or driving-related role. It means while a Driving record may not be required for a Factory worker, it may form part of the Background Checks for;

• CPV drivers,
• Truck drivers,
• School bus drivers,
• Dispatch services riders,'
• Executive drivers,
• And other roles related to driving.

Is Having a Speeding Ticket or Fine a criminal offence?

Speeding tickets and fines are instead considered civil violations of the laws. It means they may appear in other records than a criminal record.

If you have a speeding fine or ticket, it will not be recorded in the Criminal database unless there was an associated conviction at a Court.

However, serious speeding violations, especially those with aggravation, are handled by a Magistrate rather than by an infringement notice.

How a speeding fine can affect you

A speeding fine cannot have the same effect as a speeding offence. These differences are more visible when you consider the criminal record of a speeding violation as a broader assessment record.

However, having a speeding fine can affect you in more ways than you think. Like the examples below;

• An employer may consider driving records if they are relevant to the roles of the job. And speeding fines are usually included in a person's driving records.

• Repeat offences

There is no way repeat offences can do any good to a person. An offender may be refused a non-driving role if there are patterns of re-offending. Before any commission, the employer can argue that such a pattern can suggest an inherent tendency that bothers on irresponsibility.

• Evidence in Court

During a court proceeding, the Prosecutor can present your driving records as evidence. While it may not significantly influence the evidence, the Court will still admit it in Court. It even gets worse if you have repeat driving offences in your records.

• Costly

Although people hardly consider this, some speeding fines can set you back by a significant amount. It is better to handle your vehicle within the speed limit than test the laws of Australia.

In the end, none of these infractions is ever good to anyone or the State.

What details does a Driving record reveal?

The driving record will disclose the following information;

• The date of the offences,
• Name of the violations,
• Number of fines paid or other penalties gotten,
• Where there are cautions but the authority did not impose a fine.

How long will a Speeding offence last in a driving record

Your driving records can be cleared if you do not reoffend for three consecutive years depending on the jurisdiction. In some States or Territories, it can be as high as five years.

Having a speeding fine means you will be stuck with a driving record for a minimum of three years.

Can an infringement notice result in a conviction?

Not all infringement notices are settled with a fine or traffic ticket. Having infringement notices for some severe traffic offences will result in a conviction. Generally, these infringement notices will first cause a license loss to the offender.

The only way to stop such infringement notice is to contest the matter before a court. The contest must be applied for within 28 days of the infringement notice order.

Some traffic violations that may lead to infringement notices are;

• Driving at 25km/h over the speed limits
• Medium to high range Drink driving offences

How can I obtain a nationally coordinated criminal history check?

Individuals

If you are an individual then you can obtain a nationally coordinated criminal history check certificate online via Australian National Character Check's online Nationally Coordinated Criminal History Check application form. The results are dispatched via email.

Business and Enterprise Customers

Business and Enterprise customers are able to sign up to ANCC's business portal where they can order, manage, track and view candidates' Nationally Coordinated Criminal History Check results on their business portal. Organisations will undergo a process for approval prior to being granted access to ANCC's business portal.

ANCC sends an invite to the applicant to complete their Nationally Coordinated Criminal History Check online and handles the application and informed consent form. Contact ANCC's business and enterprise partnerships team today to enquire about setting up a business portal for your organisation.

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