Excessive Speeding in Queensland

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.

In Queensland, a person who is caught exceeding the speed limit by 40kmph or more will receive an automatic six-month license suspension from the Department of Transport and Main Roads. There are also large fines that apply to speeding offences with the amount depending on how many kilometres per hour the speed limit is exceeded by.

Excessive speeding is considered one of the most serious traffic offences in Queensland, reflecting the government's commitment to road safety. The penalties are designed to deter dangerous driving behaviour and protect all road users. Under the Transport Operations (Road Use Management) Act 1995, speeding violations are strictly enforced through automated camera systems, police patrols, and mobile speed detection units throughout the state.

Penalties for excessive speeding in Queensland

Fine Structure and Penalty Units

Speeding offences are penalised with fines, demerit points and terms of license suspension. The penalties that apply to speeding offences in Queensland are set out under the Transport Operations (Road Use Management—Road Rules) Regulation 2009. Fine amounts are calculated using penalty units, which are adjusted annually to account for inflation.

For speeds exceeding 40km/h over the limit, drivers face substantial financial penalties that can reach thousands of dollars. The exact amount varies depending on whether the offence occurred in a school zone, during school hours, or in other designated areas where enhanced penalties apply.

Court-Imposed Penalties

When excessive speeding matters proceed to court, magistrates have discretion to impose penalties beyond the standard fines. This may include extended license suspension periods, community service orders, or in extreme cases involving speeds significantly over the limit, potential imprisonment. The court will consider factors such as the driver's traffic history, the circumstances of the offence, and any mitigating factors presented.

Demerit points

Point Allocation System

Demerit points are applied and recorded on a person's traffic history when they commit traffic offences. The number of demerit points that can be accrued before a driver gets a sanction depends on the type of license they hold. Open licence holders can accumulate up to 12 points, while provisional licence holders are limited to 4 points before facing suspension.

For excessive speeding offences (40km/h or more over the limit), drivers receive between 6 to 8 demerit points depending on the specific speed exceeded. If a driver accrues more points than their license allows, they may have their license suspended or they may be required to serve a driving good behaviour period.

Double Demerit Points

In Queensland, when a driver or motorbike rider commits more than one serious speeding offence within a 12-month period, double demerits are imposed. This means that twice the number of demerits that would ordinarily be recorded for the offence, is recorded against them. A driver can check their demerit point balance online.

Serious speeding offences include exceeding the speed limit by 20km/h or more, and this double demerit rule serves as an additional deterrent for repeat offenders. The 12-month period is calculated from the date of the first offence, not from when the penalty was imposed.

Camera Detection and Evidence

Speed Camera Technology

Queensland employs various speed detection technologies including fixed cameras, mobile speed cameras, and point-to-point speed monitoring systems. These devices are regularly calibrated and tested to ensure accuracy in accordance with Australian standards. Camera evidence is generally considered reliable in court proceedings, though technical defences may be available in certain circumstances.

Notice Requirements

When a speed camera detects an offence, the registered vehicle owner receives a penalty infringement notice (PIN) within 21 days of the alleged offence. The notice must include specific details such as the date, time, location, speed detected, and applicable speed limit. Failure to receive a notice within the prescribed timeframe may provide grounds for challenging the infringement.

Fighting a speeding infringement

Election Process

If you want to dispute a speeding offence, you should complete the 'Election for court' section on the back on the infringement notice and send it to the address provided. This must be done within 28 days of receiving the notice. It's crucial to meet this deadline, as late elections are rarely accepted unless exceptional circumstances can be demonstrated.

After the Department of Transport and Main Roads receives your election to be dealt with by a court, you will receive a summons to attend court. This may take several months. During this waiting period, your license suspension will typically be stayed, meaning you can continue driving until the matter is resolved.

Court Process and Defences

If you choose to plead not guilty when your matter comes to court, you will have to go through the same processes as someone who is pleading not guilty to a criminal offence. This includes obtaining the brief of evidence, attending a case conference to see if the matter can be resolved and if it cannot be resolved, obtaining a date for a contested hearing.

At the contested hearing, you may rely on a legal or a factual defence. These include:

• That the car was not travelling at above the speed limit
• That you were not the driver of the car
• That you were acting under duress
• That you were acting in response to an emergency situation – for example, to get a seriously injured person to hospital.

Special hardship orders

Eligibility Criteria

If you have been charged with exceeding the speed limit by more than 40 kmph, you may be eligible for a special hardship order. This order must be applied for in the Magistrates Court. The court may make a special hardship order if:

• Not being able to drive would cause you or your family extreme hardship by depriving you of a way of earning a living
• Not being able to drive would cause severe and unusual hardship to you or your family for another reason.

Conditions and Restrictions

A special hardship order allows a person to continue driving with specific conditions attached to their licence. The conditions may restrict the purposes for which they may drive, the type of vehicle they may drive, or the days or times at which they may drive. Common restrictions include driving only for work purposes, medical appointments, or essential family responsibilities.

If a special hardship order is granted, a new licence will be issued with an X3 condition code attached to show that the licence is subject to a special hardship order. Violating the conditions of a special hardship order can result in additional penalties and immediate licence cancellation.

Work Licence Applications

In addition to special hardship orders, Queensland drivers may apply for a work licence under section 87 of the Transport Operations (Road Use Management) Act 1995. Work licences are specifically designed for individuals who require driving privileges to maintain employment. The application process requires detailed documentation of employment needs, including employer statements and evidence of financial hardship that would result from license suspension.

Work licences typically have more restrictive conditions than special hardship orders, limiting driving to direct travel between home and work, and during specified hours. The court considers factors such as the availability of public transport, the nature of the applicant's work, and their traffic history when determining eligibility.

Frequently Asked Questions

Can I continue driving while my excessive speeding matter is before the court?

Yes, if you elect to have your matter dealt with by a court within 28 days of receiving