Excessive Speeding in Queensland
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.
Penalties for excessive speeding in Queensland
Speeding offences are penalised with fines, demerit point and terms of license suspension. The penalties that apply to speeding offences in Queensland are set out in the table below.
| Infringement | Fine | Demerit points |
|---|---|---|
| Less than 11 km over speed limit | $287 | 1 |
| Between 11 and 20 km over speed limit | $431 | 3 |
| Between 20 and 30 km over speed limit | $646 | 4 |
| Between 30 and 40 km over speed limit | $1078 | 6 |
| More than 40 km over speed limit | $1653 | 8 and a six-month suspension |
Demerit points
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. 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.
A driver can check their demerit point balance online.
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.
Fighting a speeding infringement
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.
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.
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
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.
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.
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.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.