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When driving a car (or other motor vehicle), there are laws to make sure you drive safely and obey the road rules. If you disobey these traffic laws, this is a traffic offence.
Traffic offences are a complex area of law, and being charged with an offence can be very serious. Penalties can range from receiving a fine, incurring demerit points, a Probation Order or even going to jail. This depends on the type of offence, the circumstances, and your traffic history.
Types of traffic offences
Here are some examples of common traffic offences:
- unlicensed driving—including driving while disqualified.
- drink and drug driving.
- exceeding the speed limit (eg speeding).
- disobeying a red light.
- driving without due care (eg careless driving).
- dangerous driving (called ‘dangerous operation of a motor vehicle’).
Traffic offences are a complex area of law, and being charged with an offence can be very serious. Penalties can range from receiving a fine, incurring demerit points, a Probation Order or even going to jail. This depends on the type of offence, the circumstances, and your traffic history.
Infringement notices
For some traffic offences you may be given an on-the-spot fine or you may receive a fine in the mail—this is your infringement notice. This will tell you:
- what law/s have been broken.
- how much you will have to pay.
- where or how to pay.
- the due date for the fine.
If you do not pay on time pay, the State Penalties Enforcement Registry (SPER) can:
- suspend your driver licence.
- direct your bank to transfer funds from your account (to them).
- direct your employer deduct a certain amount from your wage each month.
- register an interest over your property.
- immobilize your vehicle.
- seize and sell your property.
- issue a warrant for your arrest and imprisonment.
SPER may also charge you an enforcement fee on top of the original fine.
If you cannot afford to pay the fine by the due date you can make a payment plan with SPER to help pay off the fine.
Disagreeing with an infringement notice
If you disagree with an infringement notice you can go to Court to dispute it.
To go to Court to dispute an infringement notice, you must fill out and submit:
- the Election for Court section on the back of your infringement notice; or
- the Form F5111 – Court Election Infringements – Individual.
The form should be submitted to the Department of Transport and Main Roads. After the form has been submitted a complaint and summons or a Notice to appear will be mailed to you with your Court date.
If you choose to go to Court to dispute an infringement notice and you are found guilty of the offence, you will be charged the offender levy, on top of any fine, summons cost and witness expenses (if any).
Get legal advice if you are thinking about contesting an infringement notice before electing to go to Court.
If you do not elect Court by the due date on your infringement notice, you may lose your right to have the matter heard in Court.
Transferring a fine
For traffic offences detected by cameras, an infringement notice will be sent to the registered owner of the vehicle.
If you receive an infringement notice as the registered owner of the vehicle, but you were not driving the vehicle at the time of the offence, you must complete a statutory declaration.
If you know who was driving the vehicle, in the statutory declaration you must state the name and address of the person who was driving the vehicle at the time of the offence.
If you do not know who was driving the vehicle, in the statutory declaration you need to:
- state that you did not know who was driving the vehicle.
- make reasonable enquiries to find out who was driving the vehicle, and outline what enquiries were made.
- show that you had a system in place to identify the driver and describe the process undertaken.
Before completing a Statutory Declaration you should get legal advice.
You should follow the directions on the infringement notice for information about where to return the statutory declaration, and by what date.
There are strict timeframes for transferring a fine or electing to have the matter heard in Court.
Disputing a speeding fine
If you have been charged with a speeding offence and you want to challenge the accuracy of the speed detection device or speedometer or the way it was used, you should legal advice before proceeding.
This is a complex area of law and there are strict rules to be followed when disputing a speeding fine and you may incur extra costs if your challenge is unsuccessful.
Demerit points
If you commit a traffic offence in Queensland, demerit points may be recorded on your traffic history. This is a record of any offences for which you have been found guilty relating to road rules, drink-driving, drug-driving, dangerous driving or vehicle registration.
If you accumulate too many demerit points, your licence may be suspended. Usually, (unless you are a learner) you will receive a letter from the Department of Transport and Main Roads giving you the choice of:
- having your licence suspended for several months; or
- going on a good behaviour licence for a year (during which time if you accumulate 2 or more demerit point your licence will be suspended).
For a ‘high speed offence’—such as, going 40km or more over the speed limit your licence will be immediately suspended for 6 months with no choice of a good behaviour licence. This applies to all types of licences.
If your licence is suspended but you still need to drive for work or some other reason, in limited circumstances you may be able to apply for a Special Hardship Order. You can check the demerit points schedule for a list of traffic offences incurring demerit points.
Applying for a Special Hardship Order
A Special Hardship Order lets you drive under special conditions even though your normal driver’s licence has been suspended.
You can apply for a Special Hardship Order if your licence has been suspended because:
- You have been charged with driving more than 40km over the speed limit (ie a high speed offence).
- 2 or more demerit points have been recorded on your traffic history while you were driving during a 12 month good behaviour period.
- you have been charged with driving more than 40km over the speed limit and you have had 2 or more demerit points recorded on your traffic history while you were driving during a 12 month good behaviour period (dual suspension).
To be eligible for a Special Hardship Order:
- you must have held a current Queensland provisional or open driver licence immediately before your licence was suspended.
- your licence (our your authority to drive in Queensland) must not have been suspended or cancelled in the last 5 years (with some exceptions).
- You must not have been disqualified from holding or having a Queensland driver licence.
- you must be able to show the Court that:
- you are a ‘fit and proper person’; and
- if you do not get a Special Hardship Order, you or your family will suffer extreme hardship because you would not be able to work (ie earn your livelihood) or you will suffer severe and unusual hardship for another reason.
You must apply to the Magistrates Court in the district or division in which you live after your licence has been suspended (you can apply on the day your licence is suspended, but not before that day). Contact the Court to find out which Court division or district you live in.
If you have a current charge of unlicensed driving (whilst demerit point suspended or high speed suspended) there may not be any benefit in applying for a Special Hardship order.
Disclaimer: The material presented on this website is an information source only. The information on this website is written for people resident in, or affected by the laws of Queensland, Australia only. Links to other sites from this website are provided for the users’ convenience. The LGBTI Legal Service does not endorse these sites and is not responsible for the information on these sites or the use made of this information. If you have a specific legal problem, you should consult a professional legal advisor.