What is the offence?
In addition to the usual loss of demerit points that apply to speed offences, there is an additional penalty where a person exceeds the posted speed limit by 40 km/h.
What is the penalty?
If you exceed the posted speed limit by more than 40km/h then you will be fined and suspended from driving for a period of 6 months.
After you pay the fine, Queensland Transport will write, confirming that your licence will be suspended for a period of 6 months. You can apply for a special hardship licence (“SHO”) if you require a licence. Visit our page on special hardship orders to learn more.
For lesser speeding offences the following penalties apply:
- Less than 13km/h over the speed limit:
$162 + 1 demerit point.
- At least 13km/h but not more than 20km/h over the speed limit:
$243 + 3 demerit points.
- More than 20km/h but not more than 30km/h over the speed limit:
$406 + 4 demerit points.
- More than 30km/h but not more than 40km/h over the speed limit:
$568 + 6 demerit points.
What does the court take into account in sentencing?
Generally these offences are dealt with by way of an infringement notice, however, if the matter goes to court there are a number of factors that the court will take into account when determining the appropriate penalty. These include:
- The reason for your driving at the time of the offence.
- The previous traffic history.
- Was the speeding offence associated with the commission of another offence?
- Your personal circumstances.
- Any other circumstances the Court considers relevant.
If you have been charged with this offence, call Gatenby Criminal Law to speak with an experienced traffic lawyer and discuss your options.