Speeding is an extremely common traffic offence. If your vehicle is detected speeding by a speed camera, you will receive an infringement notice. The notice is issued to the registered owner of the vehicle, or the first registered owner, if the vehicle is jointly registered.
Consult our specialist traffic lawyers in Brisbane to understand the charge and possible penalties. Some traffic offences will require you to go to court. Others are expiable, meaning that you will pay a fine but no conviction will be recorded. In either case, we can help you through the process.
The notice will set out the penalty. This will depend on how far above the speed limit you were going, but will involve a monetary fine, demerit points and a potential suspension of your licence.
|Less than 13kmh over the speed limit||$183 fine and 1 demerit point|
|From 13kmh to 20 kmh over the speed limit||$275 fine and 3 demerit points|
|From 21kmh to 30 kmh over the speed limit||$459 fine and 4 demerit points|
|From 31kmh to 40kmh over the speed limit||$643 fine and 6 demerit points|
|More than 40kmh over the speed limit||$1,286 fine, 8 demerit points and a 6 month suspension|
If the registered operator is an organisation, instead of a natural person, the fine is five times as much. This is because organisations do not hold drivers licences and so no demerit points are issued.
For speeding offences over 20 kmh, double demerit points apply for a second offence committed in the same 12-month period.
When you can transfer the penalty to another person
The notice goes to the registered owner of the vehicle. However, the offence was committed by the person driving at the time. If that wasn’t you, you can and should apply to transfer the offence to the driver. If you were the driver but the penalty was issued to a different person, you can also apply to transfer the offence to yourself.
Other times when you might need to transfer a speeding fine include:
Where you sold or disposed of the vehicle before the fine was issued. In this case, you’ll need to provide the date and time of the sale, and the details of the buyer.
Where the vehicle was stolen before the fine was issued. You’ll need a police crime report number.
How to transfer the penalty
You may either:
- Submit an online nomination via the Queensland Government Submit Infringement Notification service. This path is available if the notice was issued fewer than 28 days ago and you hold an Australian drivers licence or Queensland photo ID card.
- Complete a statutory declaration if you can’t submit online or prefer not to. The declaration must include the infringement notice number, date of the fine and offence details. You must either declare that you know who the actual driver was, and provide details, or that you have made reasonable inquiries but are unable to state who was driving.
If you do neither of these within 28 days, you will be deemed to have been the driver. Demerit points will be added to your traffic record and you will be required to pay the fine. You may even have your licence suspended.
The transfer must be legitimate
If you already have several demerit points on your licence, you might be tempted to transfer the offence to a friend or partner, rather than risk losing your licence. This is a criminal offence. Seeking advice from experienced traffic lawyers in Brisbane will help you avoid making this mistake and facing additional penalties.
The potential penalty for making a false declaration on an online nomination or statutory declaration may be a large fine or even a period of imprisonment.
How to challenge a speeding fine
If you were the driver but you believe you weren’t speeding, you may choose to contest the fine.
To contest the notice, you should complete the ‘Election for Court’ section on the back of the infringement notice, or apply online. You will be given a court summons, at which point you will enter a plea of not guilty. You must also serve the prosecution with a notice that sets out the reason or reasons why you believe you are not guilty of the offence.
It is not a defence to a speeding offence that you didn’t know the speed limit or you didn’t realise you were speeding. You are guilty if the prosecution can prove that you were exceeding the speed limit.
You may be able to argue that the speed camera was faulty and recorded the wrong speed. However, if the prosecution can show that the device was tested and found to be accurate in the past year, it will be very hard to make this case. The prosecution may also call an expert witness. If you lose, you will need to pay their costs. This can be several thousand dollars.
Before deciding to contest a speeding fine, consult a traffic lawyer in Brisbane. There are only limited ways that you can contest a speeding fine, and the law can be quite complex. If you lose, you may face significant costs. A specialist can help you understand whether you have a realistic chance of success.