If you are charged with driving more than 40 km/hr over the posted speed limit you will be given an infringement notice, as with any other speeding offence.

If you received the Infringement Notice due to a speed camera, and you were not the driver of the vehicle, there is a section in the Infringement Notice to complete nominating the driver.  Queensland Transport will then re-issue the Infringement Notice to the nominated person. 

If you do not believe that you committed the offence, in other words that you are “not guilty” of committing the offence, then you can elect to have the matter heard in Court in a trial by completing the appropriate section on the back of the infringement notice.  You then post the infringement notice to Queensland Transport.  It is important that you do not sending payment for the fine in with the completed Infringement Notice.   

You will be notified of the hearing date. 

You should seek legal advice before making an election to contest the matter.

If you believe that you did commit the offence and wish to plead guilty, you complete the corresponding portion of the Infringement Notice and send the Notice to Queensland Transports together with the payment of the fine.  There will be a deadline for payment of the fine if you wish to plead guilty. 

When Queensland Transport receives your Infringement Notice with the guilty election and payment they will send you a Notice advising you that your driver’s license will be suspended on a certain date for a six month period.  If you do nothing then your driver’s license will be suspended.  However, if you require a driver’s license for work then you may submit an application for a Special Hardship Order. 

The comments above are a general discussion of the charge of driving more than 40 km/h over the speed limit and should not be taken as legal advice.  Before you make any decisions you should consult a qualified solicitor to protect your interest.  You can speak to a solicitor at D.C. Adolphe Legal by calling (07) 3010 9492.