Driving 40km/h over Speed Limit
If you exceed the posted speed limit by more than 40km/h then you will be fined and suspended from driving for a period of 6 months.
After you pay the fine on the speeding ticket Queensland Transport will write to you stating that your licence will be suspended for a period of 6 months. You can apply for a special hardship licence (“SHO”) if you require a licence.
The grounds for applying are:
- that losing your licence will result in extreme hardship to you or your family by depriving you of the means of earning a living, or
- that losing your licence will cause you or your family severe or unusual hardship
If you have had your licence disqualified by a court or suspended in the last five years you are not eligible to apply for a special hardship order. In most cases, if your licence has been suspended by Queensland Transport in the last five years you will not be able to apply for a special hardship order either.
If you are granted your application your licence suspension ends from that date but you can only drive in accordance with the conditions in the special hardship order. Generally the licence conditions will specify you may drive for work purposes or certain defined occasions e.g. taking someone to hospital on a regular basis to receive treatment.
The application for the special hardship licence must be undertaken in the Magistrate’s court nearest to where you live.
Special hardship licences have become more common as the amount of speed cameras on Queensland roads has increased. We at Clarity Law have conducted numerous special hardship applications. The courts have recently begun cracking down on the issue of these licences; it is no longer as easy to get a special hardship licence however with the use of proper material and submissions to the court we have been able to obtain all special hardship licences we have applied for on behalf of our clients.
Any application for a special hardship licence will require detailed affidavits from yourself and in some cases your employer. We are happy to discuss, free of charge, whether you can apply for a special hardship licence and what activities the court may allow you to drive for.
How do I get more help or engage you to act for me?
We have been operating since 2010 and undertaken over 1,000 successful special hardship licence applications throughout South East Queensland.
If you want to engage us or just need further information or advice then you can either;
- Use our contact form and we will contact you by email or phone at a time that suits you
- Call us on 1300 952 255 seven days a week, 7am to 7pm
- Visit our special hardship application page
We cover all courts in South East Queensland from the Gold Coast to Brisbane and the Sunshine Coast and out to Toowoomba. We have 6 offices in South East Queensland to assist people. We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about special hardships. You will not be chased or hounded to engage us. Remember its critical you get advice before going to court, failing to get a special hardship licence or one that is too restrictive will have an impact on you, your family and your employment or business.
Need more information?
We have a range of articles on Special Hardship Orders on our blog. Some of the most recent have included: