A Traffic Offence Lawyer’s Guide to Speeding and the Law

Queensland’s traffic offence lawyers are regularly faced with updates to the state’s body of traffic laws. Despite the government’s continuous attempts to regulate offences such as speeding, it remains Australia’s top cause of fatal accidents. This is according to the country’s official bulletin on road deaths.

The state’s traffic lawyers certainly do have their hands full. Half of Queensland’s drivers speed on the majority of their road trips. This is according to the Queensland Government’s Streetsmarts initiative.

Its website reports that exceeding the speed limit by just more than 5 kilometres per hour doubles the risk of a severe or fatal accident. Of serious speeding crashes recorded, about half happen at less than 10 kilometres per hour above the speed limit.

What is Speeding?

Speeding is defined as “driving over the posted speed limit or at a speed that is inappropriate for the driving conditions.” Speeding is not safe in any circumstances.

In built-up areas, the speed limit is 50 kilometres per hour unless otherwise indicated by signs. A speed limit of 60 kilometres per hour applies to roads that carry traffic through suburbs and across towns.

Speed limit signs are circular and indicate that road users must not drive faster than the speed limit indicated in a white circle with a red border.

How Are Queensland’s Speed Limits Set?

The Department of Transport and Main Roads, as well as local governments are responsible for setting speed limits and may lower them where doing so will reduce the number of accidents in an area. The following factors are considered when determining speed limits:

  • The number and configuration of traffic lanes.
  • Housing density and type of development.
  • The amount of on-road parking.
  • Access to property arrangements.
  • Traffic signals.
  • Patterns of crashes that have occurred.

Speeding Offences in Queensland

On 1 July 2022, tougher penalties were introduced for high-risk driving behaviours. Speeding penalty brackets of 1-12 kilometres per hour and 30-20 kilometres per hour have changed to 1-10 kilometres per hour and 11-20 kilometres per hour as set out below.

  • 1-10km/hr – $287 and 1 demerit point.
  • 11-20km/hr – $431 and 3 demerit points.
  • 21-30km/hr – $646 and 4 demerit points.
  • 31-40km/hr – $1078 and 6 demerit points.
  • More than 40km/hr  – $1653 + 8 demerit points and automatic 6-month licence suspension.

Double Demerit Points Apply Year-round 

Queensland’s authorities impose double demerit points throughout the year, and not only during the holiday season as is the case in other states.

Drivers who repeatedly commit a specific offence will receive double points for each second or subsequent offence if the later offence was committed within 12 months of an earlier one.

Queensland licence holders who commit offences elsewhere in Australia, will note that demerits incurred elsewhere will be recorded as if it occurred in the state.

Those who get too many demerit points may have their licences suspended.

When Will My Licence Be Suspended Because of Demerit Points?

The Queensland government has indicated that the number of demerit points one can get prior to receiving a sanction depends on your licence type. A driver who gets more demerit points than their licence type allows may have their licence suspended.

Driver’s licence sanctions apply if you get the following:

Conclusion

With ever-changing laws regulating your road usage, getting a Queensland traffic offence lawyer on your side is a good idea. Get in touch with our offices to consult with one today.