Excessive Speeding in Queensland
In Queensland, a person who is guilty of excessive speeding will receive an automatic six-month license suspension from the Department of Transport and Main Roads. Queensland also has large fines for speeding offences with the amount depending on how many kilometres per hour the speed limit is exceeded by. This page outlines the laws surrounding excessive speeding in Queensland.
Penalties for excessive speeding in Queensland
Speeding offences in Queensland are punishable by fines, demerit point and terms of license suspension. The table below sets out the penalties that apply to speeding offences in Queensland.
| Infringement | Fine |
|---|---|
| Less than 11 km over speed limit | $287 |
| Between 11 and 20 km over speed limit | $431 |
| Between 20 and 30 km over speed limit | $646 |
| Between 30 and 40 km over speed limit | $1078 |
| More than 40 km over speed limit | $1653 |
Demerit points
Demerit points are recorded on a driver’s traffic history when they commit traffic offences. The number of demerit points that can be accrued before a driver receives a sanction depends on the type of license they hold. If a driver accrues more points than are allowed on their license, they may have their license suspended or they may be required to serve a driving good behaviour period.
A person 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 months, double demerits are recorded. This means that twice the number of demerit points that would ordinarily be accrued for the offence, is recorded against the driver.
Fighting a speeding infringement in Queensland
If a driver in Queensland wants to dispute a speeding offence, they should complete the ‘Election for court’ section on the back on the infringement notice they received and send it to the address provided within 28 days of receiving the notice.
After the Department of Transport and Main Roads receives a driver’s election to be dealt with by a court, the driver will receive a summons to attend court. This may take several months.
If the driver chooses to plead not guilty when their matter comes to court, they will have to go through the same processes as a person who is contesting a criminal offence. This includes obtaining the brief of evidence from the prosecution, attending a case conference to see if the matter can be resolved and if it cannot, obtaining a date for a contested hearing.
At the contested hearing, the driver may rely on a legal or a factual defence. These include:
- That the driver’s car was not travelling at above the speed limit
- That they were not the driver of the car
- That they were acting under duress
- That they were acting in response to an emergency situation – for example, getting a seriously injured person to hospital.
Special hardship orders
If a person has been charged with exceeding the speed limit by more than 40 km/h, they may be eligible for a special hardship order. This order must be applied for in the Magistrates Court. A magistrate may make a special hardship order if:
- Not being able to drive would cause the driver or their family extreme hardship by depriving them of a way of earning a living
- Not being able to drive would cause severe and unusual hardship to the driver or their family for some other reason.
A special hardship order allows a person to continue driving with specific conditions attached to their licence. The conditions may restrict the type of vehicle they may drive, the purposes for which they may drive, or the days or times at which they may drive.
If a special hardship order is granted, the driver will be issued with a new licence 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 Armstrong Legal.
This article was written by Fernanda Dahlstrom
Fernanda Dahlstrom has a Bachelor of Laws, a Bachelor of Arts and a Graduate Diploma in Legal Practice. She has also completed a Master’s in Writing and Literature. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory and in family law in Queensland.