By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.
Key points
- More than 40 km/h over the limit: a $1,986 fine, 8 demerit points and a 6-month licence suspension.
- Paying the fine does not avoid the suspension. The Department of Transport and Main Roads sends a notice with a start date at least 21 days away.
- No work licence. The only way to keep driving is a special hardship order from the Magistrates Court, for open and provisional licence holders who pass strict tests. Learners cannot apply.
- Repeat offences: another speeding offence of more than 20 km/h over within a year carries 4, 6 or 8 extra demerit points. Queensland has no holiday double demerits.
- Interstate licence? Your right to drive on Queensland roads is suspended for 6 months.
- To contest the offence, elect to go to court within 28 days of the notice.
- For advice about an excessive speeding notice or a special hardship order, 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, driving more than 40 km/h over the speed limit carries a $1,986 fine, 8 demerit points and a 6-month licence suspension; there is no work licence for it, but an open or provisional licence holder may apply to the Magistrates Court for a special hardship order to keep driving under restrictions.
Checked on 23 October 2026 against the Driver Licensing Regulation 2021, the Transport Operations (Road Use Management) Act 1995, the State Penalties Enforcement Act 1999 and the Department of Transport and Main Roads.
The penalties
| Speed over the limit | Demerit points | Fine | Licence |
|---|---|---|---|
| Less than 11 km/h | 1 | $345 | |
| 11 to 20 km/h | 3 | $518 | |
| More than 20, up to 30 km/h | 4 | $777 | |
| More than 30, up to 40 km/h | 6 | $1,295 | |
| More than 40 km/h | 8 | $1,986 | Suspended for 6 months |
Points and fines are from the Department of Transport and Main Roads' demerit points schedule (updated 1 July 2026; fines rose 3.5% that day, and a penalty unit is now $172.70). The offence is driving over the speed limit (Queensland Road Rules section 20).
The 6-month suspension
- The notice: the Department of Transport and Main Roads must send a written notice suspending your Queensland licence for 6 months from a date stated in the notice, at least 21 days after it is given. You can ask in writing for the suspension to start earlier (Driver Licensing Regulation 2021, made under the Transport Operations (Road Use Management) Act 1995, s 285).
- What triggers it: the regulation applies the suspension on the same events on which it records demerit points: a court conviction, or an enforcement order from the State Penalties Enforcement Registry (SPER) (ss 256, 284). The Department says points are recorded once the fine has been paid, referred to SPER for non-payment, or a court has convicted you. Paying the fine does not avoid the suspension.
- Interstate and overseas licences: your authority to drive on Queensland roads is suspended for 6 months, and you cannot get a Queensland licence in that time (s 286). Unlicensed drivers cannot get a Queensland licence for 6 months (s 287).
- No work licence: Queensland's restricted (work) licence is only for drink and drug driving. For excessive speeding, the only way to keep driving is a special hardship order (below).
- The points still count: the 8 points go on your traffic history; see demerit points in Queensland for the limits.
Repeat speeding: extra points
Queensland has no holiday double demerits. Instead, all year, a speeding offence of more than 20 km/h over the limit committed within 1 year of an earlier one carries extra points (Driver Licensing Regulation s 260):
| The later offence | Extra demerit points |
|---|---|
| More than 20, up to 30 km/h over | 4 |
| More than 30, up to 40 km/h over | 6 |
| More than 40 km/h over | 8 (16 in total) |
Special hardship orders
A special hardship order is a Magistrates Court order letting a suspended open or provisional licence holder keep driving under restrictions. It is available for a suspension for driving more than 40 km/h over the limit, or for breaching a good driving behaviour period, and for nothing else (Driver Licensing Regulation ss 307-310).
- Who cannot apply: learner licence holders; non-Queensland licence holders; and anyone who, in the 5 years before, had a Queensland licence suspended or cancelled (including under an earlier special hardship order), was disqualified, had their interstate authority to drive suspended, was made ineligible for excess points or for driving more than 40 km/h over while unlicensed, or was convicted of dangerous operation of a vehicle. Some suspensions do not count against you, such as a SPER suspension or a 24-hour drink-driving suspension (s 311; Department's page).
- The test: the court must be satisfied you are a fit and proper person to drive, and that the suspension would cause extreme hardship to you or your family by depriving you of your means of earning a living, or severe and unusual hardship for another reason, such as taking a family member to medical appointments (s 317). You need affidavits from yourself and your employer (unless you are self-employed).
- Where and when: the Magistrates Court for the district where you live, on or after the day the suspension starts, not before. Give the Department a court-stamped copy at least 7 days before the hearing (s 312).
- Driving while you wait: the suspension is put on hold only from the day the Department receives your copy until the day before the hearing. The Department says not to drive before it has the stamped copy (s 314).
- The order: it sets the purpose, vehicle class and times you may drive, and you must carry a copy. It lasts as long as the suspension would have, from the date of the order; time already served does not count. A replacement licence with code X3 is issued within 14 days (ss 318, 321).
- Zero points: any demerit point while on the order means a suspension for double the order period, and breaching the order carries up to 20 penalty units ($3,454) and a compulsory disqualification. If the order is refused, the rest of the suspension runs (ss 277-278, 289, 320, 328).
Coming changes: the Transport and Other Legislation Amendment Act 2026, which became law on 21 September 2026, will let police suspend a licence at the roadside for driving more than 40 km/h over, let the Department grant "severe hardship permits" for those suspensions, and limit special hardship orders to good driving behaviour breaches. Those parts start on a date still to be proclaimed; until then the rules above apply.
Contesting the offence
- On the fine: you can elect to have the matter decided by a Magistrates Court within 28 days of the infringement notice, by telling the authority that issued it.
- If it has gone to SPER: an unpaid fine is registered with SPER, which issues an enforcement order. Within 28 days of that order you can pay it, apply to pay by instalments, or elect to have the offence decided in court (State Penalties Enforcement Act 1999 ss 33, 38, 41).
- Camera notices: if someone else was driving, the owner can name them, or explain, using the approved known user, illegal user, sold vehicle or unknown user declaration (Transport Operations (Road Use Management) Act 1995 ss 114, 121).
- In court the magistrate decides whether the offence is proved and the penalty. A conviction still brings the 6-month suspension.
Driving while suspended
Driving while your licence is suspended carries up to 40 penalty units ($6,908) or 1 year's jail; the maximum is 60 penalty units or 18 months if a court had disqualified you (Transport Operations (Road Use Management) Act 1995 s 78(1)).
Free help in Queensland
| Service | Number | Hours |
|---|---|---|
| Legal Aid Queensland | 1300 65 11 88 | 8:30am to 4:30pm, Monday to Friday |
| Department of Transport and Main Roads (demerit points and licence enquiries) | 13 23 80 | See qld.gov.au |
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 contest the offence, whether you are eligible for a special hardship order and how to prove the hardship, and can appear for you in the Magistrates Court. 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 (current as at 21 September 2026), the Transport Operations (Road Use Management) Act 1995, the State Penalties Enforcement Act 1999 (current as at 31 August 2026), the Penalties and Sentences (Penalty Unit Value) Amendment Regulation 2026, the Transport and Other Legislation Amendment Act 2026, and the Department of Transport and Main Roads' demerit points schedule (updated 1 July 2026), "About demerit points" and "Special hardship order" pages, on 23 October 2026.