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  • Speeding Penalties in Queensland (QLD)

    Every Road has its stipulated speed limit for the length that it runs. Whether it is a street road, express or freeway, you must abide by the stated speed limits, including all other instructions given for drivers who will use the road.

    In Queensland, further details, including penalties, infringements and rights of the traffic officers are governed by the Transport Operations (Road Use Management) Act 1995.

    It is an offence in Queensland (QLD) to be caught driving above the speed limit. If you get caught handling a vehicle above the stipulated speed limit, the Traffic or Police officer or a Speed camera will issue you a ticket.

    Serious speeding offences that lead to a court conviction will appear on an individual's national police check QLD result and the offence is disclosed in accordance with the spent convictions legislation of QLD.

    What are the penalties for Speeding in Queensland?

    The penalties imposed on a driver depends on the degree of the offence of speeding. The amount by which you exceed the speed limits influences the punishments you get. Needless, the higher that amount, the more severe the penalties.

    The penalties and fines for over-speeding in Queensland are as follows;


    1. Speeding less than 13km/h over the speed limit;

    If you get caught driving a vehicle at such speeds on a QLD road, you will receive penalties of;

    • $183 in fines
    • 1 demerit point loss

    1. Speeding by (13 – 20) km/h over the speed limit

    If you are caught driving a vehicle at such speed, you will get penalties of;

    • $275 in fines,
    • 3 demerit points to your License.

    1. Speeding by (20 – 30) km/h over the speed limit

    These are dangerous speed levels, and the law stipulates fines of;

    • $459 in fines;
    • 4 demerit points to your License.

    1. Speeding by (30 – 40) km/h over the speed limit

    Driving at such speeds will attract penalties of;

    • $643 in fines;
    • 6 demerit points to your License.

    1. Speeding by over 40km/h above the speed limit

    This is the worst speeding offence in Queensland and incurs the full penalties of;

    • $1,286 in fines
    • 8 demerit point loss to your License, and a
    • 6 months suspension of your driver’s license

    How long do I have to redeem my penalties?

    Once the infringement notice is served, the driver has 28 days to respond to the tickets. There are three major options open for the accused driver/owner of the car;

    • Pay the fines
    • Contest the matter in court (objection hearing)
    • Nominate the driver of the vehicle - if the owner proves they were not driving the vehicle at the time.

    However, if you are the accused driver and you pay the fine or lose the matter in court (if you contested), then you will also accrue demerit points on your driver’s license.

    Do Double Demerit Points apply?

    Repeat offenders will get more severe punishments, especially if they have committed any of these offences within the last 12 months.

    If they are committing any of the above speeding offences for the second time within the 12 months of their last conviction, the demerit points imposed on their license will be doubled.

    The penalties for the offences include;

    1. Repeat offences for 21-30 km/h above the speed limit

    The original demerit point penalty doubled to 8


    1. Repeat offences for 31-40 km/h above the speed limit

    The original demerit point penalty doubled to 12


    1. Repeat offences for over 40 km/h above the speed limit

    The original demerit point penalty doubled to 16 plus a 6 months license suspension.

    I was not the driver when the offence was committed

    It is possible to have lent your friend or another person your car, and they committed the offence. However, if the Police cannot get to the offending driver, they will address the tickets to you (as the owner of the car).

    You can transfer the speeding fine if;

    • You lent the car to another person, and they committed the crime while driving;
    • You sold or disposed of the vehicle before the person offended;
    • The vehicle got stolen before the fine was imposed.

    However, to complete the transfer of the ticket, you must provide it to the Police;

    • Date and time the vehicle was sold, disposed or lent;
    • The details of the buyer or borrower;
    • The Police Crime report number you obtained when the vehicle was stolen;

    Likewise, an incorrectly addressed speeding ticket can get transferred to you if you were the driver of the vehicle when it was fined. Just as you would provide evidence of the offender if you were not operating the vehicle at the time of the speeding offence, it goes the other way.

    Speeding penalties for Organisations

    If the offence is committed with a vehicle belonging to an organisation, the penalties (fines) are 5 times the amount for individuals. It is so because organisations don't get demerit points (given to individual drivers).

    However, if the organisation nominates the offending driver at the time, the penalty is regular. And the corresponding demerit points will be issued to the person.

    Multi registered owners of the vehicle

    If more than one person is listed as the vehicle owner, the ticket is addressed to the first listed owner. The corresponding penalties and demerit points are also imposed on the recipient unless they list the driver.

    However, it is an offence to nominate a person if they were not in charge of the vehicle as at the time, The Police can charge you for contempt, and obstruction of justice.

    How to Transfer a Speeding Offence

    If you receive a speeding ticket that you are sure was wrongly issued, complain at the Police/Traffic office at once. It is not uncommon for the Traffic agency to issue the vehicle owner tickets that are incurred (even if they did not drive). However, make sure to clear all the doubts and mistakes by;

    An online nomination is made if;

    • The person issued the notice has a Transport and Main Roads account;
    • The Speeding notice was issued fewer than 28 days ago;
    • The person nominated has an Australian Driver Licence or Queensland Photo ID card.

    A statutory declaration can be completed if the transfer cannot be done online.

    The Statutory declaration should include;

    • Infringement notice number;
    • Date of fines;
    • Offence details;
    • Confirmation of who committed the crime;
    • And that they accept the penalties.

    Does a Speeding Offence show up in a Police Check in QLD?

    If you lose the objection or contest in the QLD court, they can;

    • Record a Criminal record against you depending on the severity of the offence and therefore the offence will appear on a Nationally Coordinated Criminal History Check result.
    • Order you to pay the witness fee
    • Uphold or even adjust the penalties issued to you
    • Order a disqualification

    However, if you win the contest, you don’t have to pay any fine nor get any other penalties.

    Always seek legal advice before you choose any course of action.

    Source

    Transport Operations (Road Use Management) Act 1995 (QLD) - https://www.legislation.qld.gov.au/view/html/inforce/current/act-1995-009

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