How much over the speed limit before you are fined QLD? This is the question that this article will answer. Moreover, this article will also tackle other essential information regarding Queensland speeding offence laws and penalties.
But first, why are speed limits important? Speed limits QLD allow a driver or motorbike rider to have adequate time to react to hazards and stop safely. Exceeding the speed limit reduces your ability to brake in time, increasing the risk of collisions.
Thus, the faster you are traveling, the more severe the impact in the event of a crash. Higher speeds increase the risk of serious injuries and fatalities for yourself, passengers, and other road users. That’s why the law emphasises penalties and fines for the violation of speeding laws in Australia.
In 2023, the Queensland government’s records state that from January 1, 2023, to December 31, 2023, 279 people died in collisions in Queensland. This is 16 people (or 6.1%) more than the previous five-year average and 18 people (or 6.1%) fewer than the previous year.
Before we discuss how much over the speed limit before you are fined QLD, let’s talk about the default speed limits and their exceptions.
Default Speed Limits in Queensland
Section 25 of the Transport Operations (Road Use Management – Road Rules) Regulation 2009 states that if a speed limit sign does not apply to a length of road and the length of road is not in:
- a speed-limited area,
- school zone or shared zone,
- the speed limit applying to a driver for the length of road.
is the default speed limit.
The default speed limit under this legislation is:
- for a road in a built-up area – 50km/h
- for a road that is not in a built-up area – 100km/h.
READ: Your Keys to Driving in Queensland
How Much Over the Speed Limit Before You are Fined QLD?
To know how much over the speed limit before you are fined QLD, please refer to the table below:
Offence | Demerit Points | Fine |
Driving less than 11 km/h over the speed limit | 1 | AUD 309 |
Driving at least 11 km/h, but not more than 20 km/h, over the speed limit | 2 | AUD 464 |
Driving more than 20km/h, but not more than 30km/h, over the speed limit | 4 | AUD 696 |
Driving more than 30km/h, but not more than 40km/h, over the speed limit | 6 | AUD 1161 |
Driving more than 40km/h over the speed limit | 8 | AUD 1,780 |
Driving at an unsafe speed when approaching a children’s crossing | 3 | Court-imposed |
Driving at an unsafe speed when approaching a pedestrian crossing | 3 | Court-imposed |
Thus, if you drive more than 20km/h but not more than 30km/h over the speed limit, you can already be receive a fine of AUD 696 with 4 demerit points. You may check your demerit point balance at the Department of Transport and Main Roads
Speed Limit Legislation QLD
The Transport Operations (Road Use Management – Road Rules) Regulation 2009 is the core legislation containing the detailed Queensland Road Rules. It outlines driving behaviors, road signage, traffic offenses, and much more.
Moreover, QLD also has Transport Operations (Road Use Management) Act 1995 which is the overarching legislation that provides the framework for managing roads in Queensland. It covers matters like:
- Licencing of drivers and registration of vehicles
- Powers of enforcement (police, traffic cameras)
- Investigations into road accidents
- The demerit point system if drivers commit traffic offences and infringement notice matters.
This legislation will help us determine how much over the speed limit before you are fined QLD. Read on to know more.
QLD Speed Limits Under the Regulation
Section 20 of the Regulation states that “A driver must not drive at a speed over the speed limit applying to the driver for the length of road where the driver is driving.” This legislation imposes a penalty of 40 penalty units or AUD 6192 (1 penalty unit = AUD 151.80) or AUD 6452 (1 penalty unit = AUD 161.30 starting on July 2024).
These are the other provisions under the Regulation:
Section | Speed Area Limit | Rule |
Sec. 21 | Where a speed limit sign applies | The number on the sign indicates the amount of miles per hour that applies to drivers on the stretch of road to which a speed restriction applies. |
Sec. 22 | Speed limit in a speed limited area | Unless another speed limit applies to the driver for the length of road under another section of the legislation, the speed limit that applies to a driver for any length of road in a speed limited area is the number of kilometres per hour indicated by the number on the area speed limit sign on a road into the area. |
Sec. 23 | Speed limit in a school zone | (a) if there is a school zone sign and an end school zone sign, or a speed limit sign with a different number on the sign, on a road—that length of road; or (b) if there is a school zone sign on a road that ends in a dead end and there is no sign mentioned in paragraph (a), on the length of road beginning at the sign and ending at the dead end—that length of road. The speed limit is usually 40km/h. |
Sec. 24 | Speed limit in shared zones | A shared zone is an area where pedestrians have priority over all other traffic, including vehicles. These zones are designed to promote slower traffic speeds and a more pedestrian-friendly environment. The maximum speed limit in a shared zone is 10 km/h. |
How Hardship Orders May Offer Relief
Exceeding the speed limit by more than 40 kmph can result in a license suspension. But fear not, there might be a way to get behind the wheel again with a special hardship order. This court-issued permission allows you to drive under specific circumstances despite the suspension.
Special hardship orders help when a driving ban causes severe financial or exceptional personal hardship. Think of this order as a conditional driving privilege. The court might restrict when, where, and how you can drive. This could involve limitations on:
- Purpose: Only driving for work or medical appointments
- Vehicle type: Restricting you to specific vehicle classes (e.g., no high-performance cars)
- Time: Limiting driving to certain days or hours
Head to your local Magistrates Court and apply for a special hardship order. If granted, your licence will be reissued with a special code indicating the restrictions.
Speed Limits for Special Vehicle Types
The answer to the question: “how much over the speed limit before you are fined QLD?” also depends on the type of vehicle you are using.
Under section 24 of the Regulation there are speed limits for special vehicle types. The rules under this section applies to a driver despite a higher speed limit that would otherwise apply to the driver under this part.
The speed limit applying to the following drivers for a length of road where the driver is driving are the following:
- Tractor towing a sugar cane trailer – 50km/h.
- Oversize vehicle that is required to travel with a pilot or escort vehicle – 80km/h
- A road train, other than a B-triple or an oversize vehicle – 90km/h
- A bus with a GVM over 5t, a B-triple, or another vehicle with a GVM over 12t, other than an oversize vehicle mentioned or a road train – 100km/h.
Thus, knowing the specific speed limit for a specific type of vehicle is important in understanding how much over the speed limit before you are fined QLD.
Got a Question? Ask JB Solicitors
Traffic lawyers specialise in Queensland’s road rules, the court system, and the specific procedures involved with traffic offences. Our lawyers at JB Solicitors can help you discuss fines with the State Penalties Enforcement Registry, dispute speeding infringement notices, or even dismiss charges.
We can further explain how much over the speed limit before you are fined QLD. Even though you might be able to handle minor traffic citations on your own, engaging a traffic lawyer in Queensland can be very beneficial, especially when there could be serious consequences or if the case is complex.
Contact us today if you have more questions about Queensland speeding offences.