Over the years, speeding has been one of the major causes of fatalities in Queensland. It is driving over the fixed speed limit in certain streets, roads, expressways and freeways. Overspeeding is typically detected by speed cameras or traffic officers on patrol.
So, if you’re asking if speeding is an offence in Queensland, the answer is “yes!”
Will I be penalised for speeding offences?
Speeding can be considered as violating the safety of your person and your passengers if you have any. Speeding is not safe under any circumstances, whether or not it is your first committing the offence. It is for this reason that speeding offences have equivalent penalties.
What makes speeding unsafe and dangerous?
Speed limits are fixed by law to ensure the safety not only of drivers but of pedestrians, passengers and properties as well. Violating the speed limits denies you the chance to quickly and safely react to unforeseen obstructions.
Driving within the limits set forth by law allows drivers to maximise the opportunity to instantly respond to unexpected actions of other road users. It can also help optimise your stopping distance in case of environmental road changes like potholes and road constructions obstacles.
What are the penalties for speeding?
Under the Traffic Law in Queensland, the severity of the penalty for speeding varies on how much your speed exceeded the established limits. Generally, you will be issued a fine and license demerit.
- An overspeeding of less than 13kph will warrant a fine of $183 and will receive 1 demerit point;
- If you are driving for 13kph but less than 20 kph over the speed limit, expect that you will be fined $275 and will get 3 demerit points;
- Drivers speeding for 20k but less than 30kph over the limit will be fined $459 plus 4 demerit point;
- When you are caught speeding for 30khp to less than 40kph over the limit, you will be penalised with a fine of $643 with 6 demerit points;
- For overspeeding at 40kph or more, your penalties include a fine of $1,286, 8 demerits and 6-month suspension of license; and
- For repeat speeding offences, aside from paying the fine, expect double demerit points.
How will I know I committed speeding offences?
Generally, you will receive an infringement notice stating that a speed camera detected your vehicle to have been going over the speed limit in a specific road, street, expressway or freeway. It will also state that you are given 28 days to settle the fine or go to court.
But what should I do If I was not the one driving the vehicle at the time of the offence?
You may nominate the driver of the vehicle when it happened. Make sure that you have the details of your whereabouts at the time of the offence in case you lent the vehicle to a friend or family.
In case the vehicle has been sold and the transfer has not been processed during the speeding incident, provide the details of the buyer as well as the time and date of transaction. If your vehicle has been stolen, make sure that the same was reported at the time it was lost and provide the police crime report number in response to the speeding infringement notice.
Is there leniency in speeding offences?
So, it is your first time committing a speeding offence and you are wondering if you can get some leniency. Or perhaps you are an interstate “gold” license holder or you have a clean good driving record, so you were thinking you can get off the hook.
Unfortunately, there is no provision under the Traffic Law in Queensland providing leniency. The legislation is clear that a speeding offence no matter how trivial warrants a corresponding penalty. So, always remember that a driver is obliged to drive with due diligence.
What should I do if I receive an infringement notice for speeding but I was rushing my mom to the hospital?
It is but natural to act upon the needs of your loved ones. In case you receive an infringement for speeding but was acting on an extraordinary emergency, you may need documentary evidence from the medical provider.
Here are the details that the documentary evidence should contain:
- Name of the hospital and other necessary details;
- Name of the medical practitioner who administered the treatment,
- Nature of the illness or cause of medical emergency;
- Date and time of medical treatment or procedure; and
- Other circumstances that may support your claim for a sudden or extraordinary emergency.
Make sure that you attach medical records pertinent to your claim.
What if I was speeding because I was called to administer an emergency procedure?
In case you are a doctor responding to your call of duty, similar evidence will be required for you to submit. However, you should include some pertinent information about your patient.
But is that not a violation of the patient-physician confidentiality rule?
The thing is, you will be using the patient information to contest an infringement notice. The use of such information is bound by legal rules to ensure that the privacy of your patient is not violated.
If your license is threatened by a speeding offence, don’t hesitate to act on it.
Contact Smith Criminal Law for the best possible outcome!