By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- Limits: an open licence reaches the limit at 12 or more points in any 3 years; learner, P1, P2 and probationary licences at 4 or more points in any 1 year.
- Suspension: open licence 3 months (up to 15 points), 4 months (16 to 19) or 5 months (20 or more); learners and P-platers 3 months.
- Your choice (open and P licences, not learners): the suspension, or a 1-year good driving behaviour period, chosen by the date on the notice (at least 21 days away). Two or more points during that year doubles the suspension.
- No appeal: a demerit suspension cannot be reviewed by QCAT. A special hardship order from the Magistrates Court is available only after breaching a good driving year, or for a suspension for speeding more than 40 km/h over.
- No holiday double demerits, but extra points apply all year for a repeat speeding (more than 20 km/h over), mobile phone, seatbelt or helmet offence within 12 months.
- Driving while suspended: up to 40 penalty units ($6,908) or 1 year's jail, and the court must disqualify you for 6 months.
- For advice about a demerit notice, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer who practises in Queensland for a fixed $295.
In Queensland, an open licence holder who reaches 12 or more demerit points in any 3 years, or a learner or P-plater who reaches 4 or more in any 1 year, is suspended (for 3 to 5 months on an open licence, 3 months otherwise), but open and P-plate drivers can instead choose a 1-year good driving behaviour period.
Checked on 23 October 2026 against the Transport Operations (Road Use Management–Driver Licensing) Regulation 2021, the Transport Operations (Road Use Management) Act 1995, the Department of Transport and Main Roads' demerit point pages and schedule (updated 1 July 2026) and Legal Aid Queensland.
The limits and suspension periods
| Licence | Limit | Suspension |
|---|---|---|
| Open licence | 12 or more points in any 3 years | 3 months (15 points or fewer), 4 months (16 to 19) or 5 months (20 or more), or a good driving behaviour period |
| Learner licence | 4 or more points in any 1 year | 3 months; no choice |
| P1, P2, provisional or probationary licence | 4 or more points in any 1 year | 3 months, or a good driving behaviour period |
- Points don't reset when you move up a licence type: offences while you were a learner can still bring a suspension after you upgrade.
- Speeding more than 40 km/h over is 8 points and a separate automatic 6-month suspension.
- A warning: the Department of Transport and Main Roads (TMR) may send a warning letter at 7 points on an open licence.
- When points count: points are taken to be allocated on the offence date, but are recorded only once the fine is paid or referred to the State Penalties Enforcement Registry, or a court convicts you. A fine you are disputing, or one before a court, shows no points yet.
- Interstate offences are recorded as if committed in Queensland. Interstate and overseas licence holders who reach the limits lose the right to drive in Queensland for the period.
- Points used once: points counted for a notice are not counted again.
Suspension or a good driving behaviour period
- Who gets a choice: open, P1, P2, provisional and probationary licence holders. Learners do not: their 3-month suspension starts on the date in the notice, at least 21 days after it is given.
- How: the notice gives you at least 21 days to choose between the suspension and a 1-year good driving behaviour period. Choose online through TMR, or with form F4012 at a customer service centre, a QGAP office or a police station that issues licences. If you don't choose by the choice date, the suspension starts the next day.
- The good driving behaviour period lasts a year. If offences during that year add up to 2 or more points, you are suspended for double the period: 6, 8 or 10 months on an open licence, or 6 months on P plates. A single 1-point offence does not breach it.
- P-platers under 25 who choose the period, or are suspended, cannot drive between 11pm and 5am for a year unless exempted.
Double demerits: all year, for repeat offences
Queensland has no holiday double demerits. Instead, all year, a repeat offence within 1 year of an earlier offence in the same group carries extra points; the later offence only has to be in the same group.
| Group | Extra points on the repeat offence |
|---|---|
| Speeding more than 20 km/h over | +4 (21 to 30 km/h over), +6 (31 to 40), +8 (more than 40) |
| Driver using a mobile phone | +4 |
| Driver seatbelt offences, including failing to restrain a passenger under 16 | +4 |
| Motorcycle helmet | +3 |
Points for common offences
| Offence | Points | Fine (from 1 July 2026) |
|---|---|---|
| Speeding less than 11 km/h over | 1 | $345 |
| Speeding 11 to 20 km/h over | 3 | $518 |
| Speeding more than 20, up to 30 km/h over | 4 | $777 |
| Speeding more than 30, up to 40 km/h over | 6 | $1,295 |
| Speeding more than 40 km/h over | 8, plus a 6-month suspension | $1,986 |
| Driver using a mobile phone | 4 | $1,295 |
| Driver not wearing a seatbelt | 4 | $1,295 |
| Failing to stop at a red light | 3 | $690 |
| Careless driving | 3 | $690 |
| Drink driving | None (a court penalty and disqualification instead) | Set by the court |
TMR raised fines by 3.5% on 1 July 2026.
No appeal; special hardship orders
- No appeal or review of a demerit point notice: it is not one of the decisions TMR reconsiders or that QCAT can review. Your options are the choice above, or challenging the fines behind the points.
- Special hardship order: the Magistrates Court can let a suspended open or provisional licence holder drive under restrictions, but only where the suspension is for breaching a good driving behaviour period or for speeding more than 40 km/h over. It is not available for an ordinary first demerit suspension, for learners, for non-Queensland licences, or for anyone who in the previous 5 years had a licence suspended or cancelled or was disqualified (with some exceptions).
- The test: you are a fit and proper person to drive, and a refusal would cause extreme hardship by depriving you or your family of your means of earning a living, or severe and unusual hardship in another way. You need affidavits from you (and your employer unless you are self-employed).
- How: apply to the Magistrates Court where you live, on or after the day the suspension starts, and give TMR a court-stamped copy at least 7 days before the hearing. The suspension is put on hold only from when TMR receives that copy until the day before the hearing. If granted, the order lasts as long as the suspension would have, and any demerit point during it brings a suspension of double the order's period.
- No work licence: Queensland's restricted (work) licence is only for drink or drug driving disqualifications, not demerit suspensions.
Driving while suspended
Driving while your licence is suspended for demerit points carries up to 40 penalty units ($6,908 from 1 July 2026) or 1 year's jail, and the court must also disqualify you for 6 months. (The higher maximum of 60 penalty units or 18 months applies to driving while disqualified by a court order.)
Coming changes
Changes passed in September 2026 but not yet in force (they start on a date to be proclaimed) will allow police to suspend a licence at the roadside for speeding more than 40 km/h over, let TMR grant "severe hardship permits" for those suspensions, and limit special hardship orders to breaches of a good driving behaviour period.
Free help in Queensland
| Service | Number | Hours |
|---|---|---|
| Legal Aid Queensland | 1300 65 11 88 | 8:30am to 4:30pm, Monday to Friday |
| TMR, demerit points (interstate drivers with a Queensland customer reference number) | 13 23 80 | Not published |
Queensland licence holders can check their points free with TMR's online "Check my demerit points" service (it is not available while you are on a good driving behaviour period or a special hardship order).
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in Queensland is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise whether to choose a suspension or a good driving year, whether a special hardship order is possible, and whether to challenge a fine behind the points. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.
General information only, not legal advice. Updated 23 October 2026. Checked against the Transport Operations (Road Use Management–Driver Licensing) Regulation 2021 and the Transport Operations (Road Use Management) Act 1995 (both current as at 21 September 2026), the Penalties and Sentences (Penalty Unit Value) Amendment Regulation 2026 ($172.70 from 1 July 2026), the Transport and Other Legislation Amendment Act 2026, the Department of Transport and Main Roads' demerit point pages, schedule and special hardship order page, and Legal Aid Queensland, on 23 October 2026.