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Speeding offences

Driving more than 40km/h over the speed limit

If you are detected driving more than 40km/h over the speed limit, you will be given a ticket for the offence. If you are convicted of the offence, meaning you have paid the fine or have been dealt with by a court for the offence or the ticket has been referred to the State Penalties Enforcement Registry (SPER), you will be sent a 'Notice of Driver Licence Suspension for Speeding Offence' stating that, from a specified date your:
  • Queensland licence has been suspended for 6 months
  • authority to drive in Queensland on your non-Queensland driver licence has been suspended for 6 months.

Note:  The offence of driving more than 40km/h over the speed limit attracts 8 demerit points - these points will be recorded against your traffic history. If this causes you to accumulate too many demerit points, you will also be dealt with under the demerit points scheme.

Driving when your licence is suspended

If you are found driving a motor vehicle in Queensland while your driver licence or your authority to drive is suspended you will be charged with unlicensed driving.

If the court finds you guilty of unlicensed driving, the court must disqualify you from holding a Queensland driver licence for at least 1 month, and up to a maximum of 6 months. You may also be given a maximum fine or imprisoned for up to 18 months. See also driving without a driver licence.

What if my licence is suspended, but I need to continue driving?

You may apply for a special hardship order if your licence suspension will cause extreme hardship to you and your family (for example, depriving you of the means of earning a living).

What is a special hardship order?

A special hardship order is a court order that authorises a person to continue to drive a motor vehicle under a Queensland driver licence in stated circumstances.

How do I apply for a special hardship order?

If you need to continue driving, you may apply for a special hardship order, but only if your licence suspension would cause:

  • extreme hardship to you and your family by depriving you of your means of earning a living
    or
  • severe and unusual hardship to you or your family, other than by depriving you of your means of earning a living.

You have 21 days from the start of your licence suspension to lodge a special hardship order application and your supporting evidence to the Magistrate Court in the district where you live. You will also need to lodge a copy of your application and supporting evidence with the department at least 7 days before the date of your court hearing.

A fee is payable when lodging your application with the Magistrates Court. For more information about this fee, please contact the Magistrates Court in the district where you live. Please note that there is no fee for lodging a copy of your application with the department.

Note:  Section 107 of the Transport Operations (Road Use Management - Driver Licensing) Regulation 2010 states that a person may only apply for a special hardship order to a relevant court for the person. A relevant court is described as:

  • if the person resides in the Brisbane Magistrates Courts District - a court in the division of the Brisbane Magistrates Courts District in which the person resides
  • otherwise - a court in the Magistrates Courts District in which the person resides. 
For more information about the special hardship order process, eligibility criteria and how to apply, download the special hardship orders factsheet (form FS4854) or call the department on 13 23 80b.

Need more information?

If you need more information about driver licensing, call 13 23 80b or visit a Department of Transport and Main Roads customer service centre or Queensland Government licence issuing office. Note:  In some rural or remote areas, Queensland police stations may issue driver licences.

bOperates Monday to Friday 8am-5pm EST (GMT +10) excluding public holidays. Higher rates apply from mobile phones and payphones. For international callers phone +61 7 3405 0985 this service operates Monday to Friday 8.30am-5pm EST (GMT +10) excluding public holidays.

Last updated
12 December 2014