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Speeding Lawyers Cairns, Brisbane, Gold Coast
Lawyers for speeding offences in Queensland
Speeding fines are among the most common traffic infringements Queensland drivers receive. In many cases, the outcomes are relatively straightforward: you pay a fine, receive demerit points and move on.
But speeding can also have much more serious consequences.
Depending on how far over the speed limit you were travelling and your driving history, you could receive a substantial fine, accumulate enough demerit points to lose your licence or even face a six-month high-speed licence suspension.
If the speeding occurred alongside another serious traffic offence – or contributed to an accident – you could also find yourself facing court.
This guide explains Queensland’s speeding laws, the penalties that apply and what you can do if you’ve received a speeding fine or been charged with a more serious traffic offence.
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At Osborne Butler Lawyers, we’re experienced in defending all types of speeding across Queensland. We have offices in central locations in Cairns, Brisbane and Gold Coast and attend court locations across QLD.
We understand how these cases are prosecuted and know how to challenge the evidence, negotiate with prosecutors and build the best defence.
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What is a speeding offence in Queensland?
Speeding offences in Queensland are governed by the Transport Operations (Road Use Management—Road Rules) Regulation 2009 (Qld).
Under section 20 of the Regulation, a driver must not drive faster than the speed limit that applies to them for the “length of road” on which they’re driving.
The applicable speed limit will usually be shown on a sign. Unlike many other Australian states, Queensland does not have different speed limits for learner and provisional drivers. However, different rules can apply in particular circumstances, including for different vehicles. For example, in Queensland heavy vehicles over 12 tonnes GVM or buses over 5 tonnes GVM are restricted to travelling a maximum speed of 100km/h, regardless of any higher speed limit that may be shown.
The penalties you face for speeding depend largely on how far above the applicable speed limit you were travelling.
What are the different types of speeding offences?
Queensland law doesn’t formally divide speeding into separate offences such as “low-range” and “high-range” speeding. Instead, the offence remains driving over the applicable speed limit under section 20 of the Transport Operations (Road Use Management—Road Rules) Regulation 2009 (Qld).
However, it’s useful to break the offence down this way because the consequences depend on how far over the speed limit you were travelling and the circumstances in which the offence occurred.
Low-range speeding (up to 20km/h over the speed limit)
At the lower end of the scale, Queensland distinguishes between drivers travelling less than 11km/h over the speed limit and those travelling between 11km/h and 20km/h over.
While these offences attract lower fines and fewer demerit points than more serious speeding offences, they can still have significant consequences if you already have demerit points or are completing a good driving behaviour period.
For instance, accumulating just two demerit points while on a good driving behaviour period can result in your licence being suspended.
High-range and excessive speeding
Speeding becomes more serious as the amount by which you exceed the speed limit increases.
Queensland has separate penalty categories for driving:
- more than 20km/h but not more than 30km/h over the speed limit
- more than 30km/h but not more than 40km/h over the speed limit, and
- more than 40km/h over the speed limit.
Driving more than 40km/h over the applicable speed limit has particularly serious consequences. As well as receiving a fine and eight demerit points, you’ll generally have your licence suspended for six months once you’re convicted of the offence.
Queensland law also treats driving more than 40km/h over the applicable speed limit as “excessively speeding” in some circumstances, including under section 328A of the Criminal Code 1899 (Qld), which deals with dangerous operation of a vehicle.
Speeding in school zones
Under section 23 of the Transport Operations (Road Use Management—Road Rules) Regulation 2009 (Qld), the speed limit in a school zone is the speed shown on the school zone sign.
That lower speed limit applies during the days and times shown on the sign, even where the ordinary speed limit for the road is higher.
For example, if a road ordinarily has a speed limit of 60km/h but the applicable school zone limit is 40km/h, driving at 60km/h during school-zone hours means you’re travelling 20km/h over the applicable speed limit.
Speeding combined with other traffic offences
Speeding can also form part of more serious driving behaviour, especially where it occurs alongside other traffic offences or contributes to an accident.
For instance, you may be charged with speeding while:
- affected by alcohol or drugs
- driving carelessly
- driving dangerously, or
- involved in a crash that causes injury or death.
In these circumstances, the consequences can be substantially more serious than those applying to an ordinary speeding infringement, especially if it means your actions fall within the definition of dangerous driving under section 328A of the Criminal Code 1899 (Qld).
In deciding whether driving was dangerous, the court can consider all the circumstances, including the speed at which the vehicle was travelling.
The Criminal Code also specifically defines driving more than 40km/h over the applicable speed limit as “excessively speeding”.
If your driving causes death or grievous bodily harm and you were excessively speeding, substantially higher penalties can apply.
What penalties apply for speeding offences?
In Queensland, the penalty you receive for speeding depends primarily on how far above the speed limit you were travelling.
The current penalties are:
Speed above the limit | Fine | Demerit points |
Less than 11km/h | $345 | 1 |
At least 11km/h but not more than 20km/h | $518 | 3 |
More than 20km/h but not more than 30km/h | $777 | 4 |
More than 30km/h but not more than 40km/h | $1,295 | 6 |
More than 40km/h | $1,986 | 8 |
However, the fine itself may only be part of the consequences.
The demerit points you receive are recorded against your traffic history and can result in your licence being suspended if they mean you exceed the limit applying to your licence.
Driving more than 40km/h over the speed limit
Different rules apply if you’re caught driving more than 40km/h over the applicable speed limit.
As well as receiving a $1,986 fine and eight demerit points, you’ll generally have your Queensland driver licence suspended for six months once you’re convicted of the speeding offence.
For these purposes, you can be treated as having been convicted of speeding by more than 40km/h when you:
- pay the infringement notice
- are found guilty or otherwise dealt with by a court, or
- fail to deal with the infringement and it is referred to the State Penalties Enforcement Registry (SPER).
The six-month high-speed suspension is separate from the demerit points you receive for the offence. This means you may also face further consequences under Queensland’s demerit-point system when it comes to keeping your licence.
If you hold an interstate or overseas licence, your authority to drive in Queensland can instead be suspended for six months.
Because of these consequences, it’s important to understand your options before simply paying an infringement notice for driving more than 40km/h over the speed limit.
What are the penalties for repeated or serious speeding?
Queensland imposes additional penalties on drivers who repeatedly commit serious speeding offences.
Under section 260 of the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 (Qld), additional demerit points apply when you commit more than one speeding offence involving driving more than 20km/h over the speed limit within a 12-month period.
In practice, this means you’ll receive double demerit points for the second and subsequent relevant speeding offences:
- more than 20km/h but not more than 30km/h over the limit: 8 demerit points instead of 4
- more than 30km/h but not more than 40km/h over the limit: 12 demerit points instead of 6, and
- more than 40km/h over the limit: 16 demerit points instead of 8.
Unlike some other Australian states, Queensland’s double demerit point system operates all year round. It isn’t restricted to public holidays or long weekends.
This means repeated speeding can cause you to lose your licence very quickly. For instance, if you hold an open licence and commit a second offence of driving more than 30km/h over the limit within 12 months, you’ll receive 12 demerit points for that second offence alone. That’s enough to reach the usual threshold for a demerit point suspension.
The consequences can be even more serious if you’re already completing a good driving behaviour period or if the later offence involves driving more than 40km/h over the speed limit.
In the latter case, you could receive 16 demerit points for the repeat offence as well as facing the separate six-month high-speed licence suspension that applies to driving more than 40km/h over the speed limit.
What are common situations where people are fined or charged with speeding?
In Queensland, there are several different ways speeding offences can be detected. While many of these lead to an infringement notice being issued, speeding can also form part of a more serious traffic charge. That’s particularly true if police intercept you while speeding or if you were involved in a crash.
Fixed and mobile speed cameras
Many speeding offences in Queensland are detected by cameras.
Fixed speed cameras are permanently installed at particular locations, usually where there’s a history or increased risk of crashes. Mobile speed cameras can be operated from marked or unmarked vehicles or through hand-held devices used at approved sites.
Queensland also uses other forms of camera enforcement, including road safety camera trailers, combined red-light and speed cameras and point-to-point cameras, which calculate a vehicle’s average speed over a particular distance.
Where a camera detects a speeding offence, the infringement notice will generally be issued to the vehicle’s registered operator. If someone else was driving at the time, you may be able to nominate that person as the driver.
Police radar and laser detection
Queensland Police can also detect speeding using radar and laser-based speed detection devices.
Section 112 of the Transport Operations (Road Use Management) Act 1995 (Qld) regulates how police officers use these devices.
If police detect you speeding in this way, they can intercept you and issue an infringement notice directly. Depending on the circumstances, they can usually also investigate whether you’ve committed other traffic offences.
Speeding in school zones
School zones are another common location for speeding offences, particularly where drivers fail to notice that a reduced speed limit is operating.
As we explained above, section 23 of the Transport Operations (Road Use Management—Road Rules) Regulation 2009 (Qld) says the applicable speed limit in a school zone is the limit shown on the school zone sign.
Most Queensland school zones operate at 40km/h on roads that ordinarily have a 50km/h, 60km/h or 70km/h limit, although different limits and operating times can sometimes apply.
Speeding in school zones can be detected by police or via cameras.
Speeding linked to a crash or dangerous driving
Speeding can become much more serious when it contributes to a crash or occurs alongside other dangerous driving behaviour.
After a serious accident police usually investigate the speed at which a vehicle was travelling. This helps them determine whether the driver committed another offence, such as careless driving or dangerous operation of a vehicle.
Speeding doesn’t automatically mean that your driving was dangerous. However, section 328A of the Criminal Code 1899 (Qld) expressly provides that, when deciding whether the operation of a vehicle was dangerous, all the circumstances need to be taken into account. This includes the speed at which the vehicle was driven.
As we explained above, the Criminal Code also specifically recognises driving more than 40km/h above the applicable speed limit as “excessively speeding”.
If dangerous driving causes death or grievous bodily harm and excessive speeding is involved, the consequences can be substantially more serious than those applying to an ordinary speeding offence.
What should you do if you have been fined or charged with speeding in Queensland?
If you receive a speeding infringement notice or are charged with a speeding offence, the first thing to do is understand exactly what you’re alleged to have done and the consequences you could face.
In most cases, you’ll have 28 days from the date an infringement notice is issued to take action. What you should do during that time will depend on the circumstances.
1. Check the details of the alleged offence
Start by reading the infringement notice carefully. Be sure to check details, such as:
- the date, time and location of the alleged offence
- the speed limit that applied
- the speed you’re alleged to have been travelling
- the fine and number of demerit points that apply, and
- the date by which you need to respond.
If the offence was detected by camera, you may also be able to view the images associated with the infringement online.
2. Make sure the right driver has been identified
Camera-detected speeding fines are generally issued to the registered operator of the vehicle.
If you weren’t driving when the offence occurred, you shouldn’t simply pay the fine. Instead, you should nominate the person who was driving so that the infringement is transferred to them.
You should make sure any nomination you make is accurate. Providing false or misleading information about who was driving can itself have serious consequences.
3. Consider the impact on your licence
Before paying a speeding fine, check how many demerit points the offence carries and what effect they will have on your licence.
This is particularly important if you:
- already have demerit points
- hold a learner or provisional licence
- are completing a good driving behaviour period
- have committed another serious speeding offence within the previous 12 months, or
- are alleged to have driven more than 40km/h over the speed limit.
As we explained above, a speeding offence can sometimes result in much more than a fine. It may cause you to exceed your demerit point limit, trigger double demerit points or lead to a separate high-speed licence suspension.
4. Decide whether to pay or dispute the infringement
If you accept that you committed the offence, you can usually pay the fine by the due date. If the fine is $200 or more, you may also be able to arrange to pay it by instalments.
If you believe the infringement was incorrectly issued, you may be able to dispute it.
For a camera-detected speeding offence, you can first ask the Queensland Revenue Office to review the infringement and provide any information or evidence supporting your position.
You can also elect to have the alleged offence heard in court. If you do this, the prosecution will need to prove the offence against you.
However, going to court carries risks. If you’re found guilty, you may face additional costs as well as the penalty for the speeding offence. So it’s always worth getting legal advice about the strength of your case before electing to go to court.
5. Get legal advice before the deadline if the consequences are serious
Not every speeding infringement requires a lawyer, but getting legal advice can be particularly important where:
- your licence is at risk
- you dispute the alleged speed, or
- you’re facing a more serious charge arising from the same circumstances.
If you are disputing the fine, it’s vital you get advice before paying the infringement. Once you pay a speeding fine, this usually limits the options available to challenge it later.
Whatever you decide to do, don’t simply ignore the notice. If you fail to take action by the due date, the infringement can be referred to the State Penalties Enforcement Registry (SPER), and that often results in additional fees and potential enforcement action.
Can you avoid licence suspension or disqualification for speeding?
In some circumstances, yes. Whether you can continue driving after a speeding offence depends on why your licence is being suspended, the type of licence you hold and your driving history.
Demerit point suspensions
If the demerit points from a speeding offence cause you to reach or exceed your demerit point limit, you may have options other than immediately serving a suspension.
For example, if you hold an open or provisional Queensland licence, you may be offered the option of completing a 12-month good driving behaviour period instead.
If you do have this option it will allow you to continue driving, but there’s an important trade-off: if you accumulate two or more demerit points during the good driving behaviour period, your licence will generally be suspended for twice the original suspension period.
High-speed licence suspensions
If you’re convicted of driving more than 40km/h over the applicable speed limit, your Queensland driver licence will generally be suspended for six months.
However, if you hold an open or provisional Queensland licence, you may be eligible to apply to the Magistrates Court for a special hardship order.
A special hardship order doesn’t remove the speeding offence or simply reinstate your licence without conditions. Instead, it allows you to continue driving in specified circumstances during what would otherwise be your suspension period.
To obtain an order, you generally need to satisfy the court that refusing your application would cause:
- extreme hardship to you or your family by depriving you of your means of earning a living, or
- severe and unusual hardship to you or your family for another reason.
The court can restrict when, where and why you can drive, as well as the class of vehicle you can drive.
Not everyone is eligible for a special hardship order. For example, you generally won’t be eligible if you hold a learner licence or an interstate or overseas licence. Your driving history over the previous five years can also affect your eligibility.
Strict time limits and procedural requirements apply to special hardship order applications, so if losing your licence would cause significant hardship, it’s important to speak with a lawyer as soon as possible after receiving your suspension notice.
Understanding your rights and possible defences
Receiving a speeding infringement notice doesn’t necessarily mean you have to accept the allegation.
If you believe you weren’t speeding, the wrong driver or vehicle has been identified, or there’s another problem with the allegation, you may be able to dispute the infringement or elect to have the matter heard in court.
If the matter goes to court, the prosecution must prove that you committed the speeding offence.
Whether you have grounds to challenge the allegation will depend on the circumstances. We discuss some of the common defences below.
You weren’t the driver
If a speeding offence is detected by a camera, the infringement notice will generally be sent to the registered operator of the vehicle. But that doesn’t necessarily mean the registered operator was the person who committed the offence.
If someone else was driving, you may be able to nominate that person and have the infringement transferred to them.
However, you must provide accurate information. Falsely nominating another person to avoid a fine or demerit points can result in serious penalties.
The alleged speed or speed limit is incorrect
In some cases, there may be a genuine dispute about the speed at which you were travelling or the speed limit that applied.
For example, an issue could arise over whether:
- the alleged speed has been recorded correctly
- the relevant speed limit applied at the particular location
- a temporary or school-zone speed limit was operating at the time, or
- the vehicle identified was actually yours.
The evidence available will depend on how the alleged offence was detected.
Issues with speed detection devices
The fact that your speed was measured by a camera, radar or laser device doesn’t prevent you from challenging the allegation. However, Queensland law contains specific provisions dealing with the use, testing and evidentiary status of speed detection devices.
Simply arguing that a speed camera, radar or laser “must have been wrong” is unlikely to be enough. A successful challenge will generally need to be supported by evidence or identify a genuine issue with the way the speed was measured or proved.
For example, under section 112 of the Transport Operations (Road Use Management) Act 1995 (Qld), a police officer using a radar or laser-based speed detection device must comply with the relevant Australian Standard or, where there’s no applicable standard, the manufacturer’s specifications.
Queensland law also contains rules dealing with certificates about the testing and accuracy of speed-detection devices.
Emergency and other unusual circumstances
Occasionally, the circumstances surrounding an alleged speeding offence may also be legally relevant.
For example, Queensland’s road rules recognise defences and exceptions in some emergency situations. Whether one of these exceptions is available to you will depend on the particular facts of the alleged offence. Simply having an urgent reason for speeding won’t necessarily be enough.
If you believe exceptional circumstances caused you to exceed the speed limit, it’s always worth getting legal advice before deciding how to respond to the infringement.
Challenging a speeding allegation in court
If an infringement isn’t withdrawn, you may be able to elect to have the speeding allegation determined by a court.
This gives you the opportunity to challenge the prosecution’s evidence and require it to prove the offence.
However, electing to go to court isn’t risk-free. If you’re found guilty, the court can impose a penalty and you may also be ordered to pay additional costs.
For that reason, if you’re considering challenging a speeding offence you should get legal advice about the strength of your case before electing to have the matter heard in court. That’s particularly true where failing to successfully challenge the charge could result in your licence being suspended or other serious consequences.
When should you contact a traffic lawyer if you are fined or charged with speeding?
You don’t always need to contact a traffic lawyer every time you receive a low-range speeding infringement.
However, getting legal advice can be important where the consequences go beyond simply paying a fine and receiving a small number of demerit points.
For instance, you should consider speaking to a traffic lawyer if:
- you believe you weren’t speeding or there’s another reason the infringement may have been incorrectly issued
- you’re considering disputing the infringement or electing to have the matter heard in court
- the demerit points from the offence could cause your licence to be suspended
- you’re currently completing a good driving behaviour period
- you’ve committed another serious speeding offence within the previous 12 months and could receive double demerit points
- you’re alleged to have driven more than 40km/h over the applicable speed limit
- you need to apply for a special hardship order to continue driving
- the speeding occurred in circumstances that could lead to a more serious charge, such as dangerous driving, or
- the alleged speeding was associated with a crash that caused injury or death.
It’s also important to obtain advice early. Paying an infringement notice, electing to have a matter heard in court or missing a deadline can all affect the options available to you.
A traffic lawyer can assess the allegation, explain the consequences of the offence for your licence and help you decide what to do before you take the next step – especially if that step would be difficult to reverse.
How can a traffic lawyer help if you are fined or charged with speeding?
A traffic lawyer can help you understand the allegation against you, assess the consequences for your licence and work out the best way to respond.
Depending on your circumstances, this may include:
- reviewing the infringement notice, your traffic history and the evidence against you
- checking the speed limit that applied and the speed you’re alleged to have been travelling
- reviewing camera, radar, laser or other speed-detection evidence
- advising you whether there are reasonable grounds to dispute the infringement
- advising you on the consequences of paying the fine or electing to have the matter heard in court
- representing you in court if you decide to challenge the speeding allegation
- advising you about the impact of demerit points, double demerit points or a high-speed suspension
- preparing and presenting an application for a special hardship order, where you’re eligible, and
- defending you if the circumstances result in a more serious charge, such as dangerous operation of a vehicle.
If you’re applying for a special hardship order, a lawyer can also help you prepare the evidence you need to support your application.
This can be particularly important because the Magistrates Court must be satisfied not only that losing your licence would cause the required level of hardship, but also that you’re a fit and proper person to continue driving.
Most importantly, getting advice early means you can understand your options before you pay an infringement, elect to go to court or make another decision that could affect your ability to challenge the allegation or keep driving.
Frequently asked questions about speeding offences in Queensland
How many kilometres over the speed limit can you drive in Queensland?
There’s no legal allowance for driving a certain number of kilometres per hour over the speed limit in Queensland.
Under section 20 of the Transport Operations (Road Use Management—Road Rules) Regulation 2009 (Qld), you commit an offence if you drive at any speed above the applicable speed limit.
The penalties are then determined by how far above that limit you were travelling, beginning with the lowest category of less than 11km/h over the speed limit.
How many demerit points do you get for speeding in Queensland?
The number of demerit points depends on how far over the speed limit you were travelling.
You receive one demerit point for travelling less than 11km/h over the limit, increasing progressively to eight demerit points if you drive more than 40km/h over the limit.
You may receive additional demerit points if you commit more than one speeding offence involving driving more than 20km/h over the speed limit within a 12-month period.
Do double demerit points apply to speeding in Queensland?
Yes, but Queensland’s double demerit system works differently from the systems used in some other Australian states.
Double demerit points apply all year round rather than only during holiday periods. For speeding, they can apply when you commit more than one offence involving driving more than 20km/h over the speed limit within a 12-month period.
Will I lose my licence for speeding in Queensland?
It depends on the seriousness of the offence and your driving history.
The demerit points from a speeding offence may cause you to reach or exceed the demerit-point limit applying to your licence, resulting in a suspension.
If you’re convicted of driving more than 40km/h over the applicable speed limit, your Queensland driver licence will generally be suspended for six months. This high-speed suspension applies separately from any consequences arising from the eight demerit points you receive for the offence.
Can I get a work licence for speeding in Queensland?
Generally, no. A restricted licence, commonly called a work licence, is available in certain circumstances for some drink or drug driving offences rather than ordinary speeding offences.
However, if your open or provisional licence is suspended because you drove more than 40km/h over the speed limit, or because you accumulated two or more demerit points during a good driving behaviour period, you may be eligible to apply for a special hardship order.
A special hardship order can allow you to continue driving for specified purposes and subject to conditions imposed by the Magistrates Court.
Can I challenge a speeding fine in Queensland?
Yes. If you believe a speeding infringement was incorrectly issued, you may be able to dispute it or elect to have the alleged offence determined by a court.
Whether you have reasonable grounds to challenge the infringement will depend on the circumstances, including how your speed was detected and the evidence available.
Before electing to go to court, it’s worth obtaining legal advice about the strength of your case and the potential consequences if your challenge is unsuccessful.
Can I challenge a speeding fine because the speed camera was wrong?
Potentially, but simply claiming that a speed camera, radar or laser device was inaccurate is unlikely to be enough.
Queensland law contains specific provisions dealing with the use, testing and evidentiary status of speed detection devices. Successfully challenging a speed reading will generally require evidence or a genuine issue with the way the alleged speed was detected or proved.
What happens if I drive more than 40km/h over the speed limit in Queensland?
Driving more than 40km/h over the applicable speed limit carries a $1,986 fine and eight demerit points.
Once you’re convicted of the speeding offence, your Queensland driver licence will also generally be suspended for six months.
If you hold an eligible open or provisional licence and the suspension would cause extreme hardship by depriving you of your means of earning a living, or severe and unusual hardship for another reason, you may be able to apply to the Magistrates Court for a special hardship order.
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