h Over the Speed Limit

6-month suspension · a hardship licence can keep you driving

Caught doing 40km/h or more over the limit? You're facing a 6-month suspension

Exceed the posted limit by more than 40km/h in Queensland and — once the ticket is finalised — Queensland Transport automatically suspends your licence for 6 months. There’s no court to argue it down. But you may be able to apply for a special hardship order (SHO) and keep driving through the suspension. It’s a one-shot application — get it right, or you’re off the road with nowhere to appeal.

Written and reviewed by Steven Brough, founder · practising in Queensland courts for 25+ years · Last updated 6 July 2026

$2,990

fixed fee, quoted in writing

2,000+

successful applications since 2010

One shot

no appeal if it’s refused

About to lose your licence to points or speed? Talk to us today — free.

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This law changes on 1 December 2026. From that date a new TMR-administered permit replaces the current court-based process for high speed suspensions, under the Transport and Other Legislation Amendment Act 2026. The information below reflects the current process — this page will be updated closer to commencement.

We act for clients across South East Queensland — Brisbane, Gold Coast, Sunshine Coast, Ipswich, Logan, Toowoomba and Hervey Bay — filing at whichever Magistrates Court sits nearest to where you live.

The honest picture

What actually happens after a 40km/h+ offence

Speeding 40km/h or more over the limit isn’t dealt with in court like other charges — you pay the fine on the ticket, then Queensland Transport writes to you with the date your licence is suspended for 6 months. Speed-camera detections have made this one of the most common suspensions in the state. The only way to keep driving through it is a special hardship order (SHO) — a separate application to a Magistrates Court, unrelated to any drink or drug driving work licence .

Path 1

The fine and the automatic suspension

You’ll be fined and lose demerit points for the speeding ticket itself. Once that ticket is finalised, Queensland Transport posts you a Notice of Suspension — your licence is gone for 6 months from the date in that letter. No court hearing decides this; it’s automatic.

Path 2

Apply for a special hardship order to keep driving

If you need to drive, you can apply to the Magistrates Court nearest where you live for an SHO. If granted, the suspension ends from that date — but you can only drive for the purposes set in the order (typically work, or defined essential trips).

You can't get an SHO if…

A court has already disqualified you and you need to drive (that’s an appeal, not an SHO) · you’ve been convicted of drink or drug driving (that’s a work licence) · you’re on a learner licence · you don’t hold a licence at all.

The eligibility rules, either path

You must hold an open or provisional QLD licence · no court disqualification in the last 5 years · no Queensland Transport suspension in the last 5 years (unpaid SPER debts excepted) · and losing your licence must cause extreme hardship (your income) or severe, unusual hardship.

Check in 30 seconds

Can you get a special hardship licence?

Pick your situation, answer a few questions, and see roughly where you stand. This is general guidance, not a guarantee — the affidavit is what actually wins or loses your application.

You get one shot.

There’s generally no appeal if it’s refused. Fewer than half of unrepresented applicants succeed — almost always because the affidavit falls short.

General guidance only, not legal advice. Confirm your answer with a lawyer on 1300 952 255, free.

1. Why is your licence being suspended?

Pick whichever fits your situation \u2014 the questions take 30 seconds. Already disqualified by a court, or convicted of drink/drug driving? This isn't the right form \u2014 call 1300 952 255 and we'll point you the right way.

Diving deeper

Want the full picture on special hardship licences?

Steven has written a complete guide to special hardship orders in Queensland — who qualifies, what the affidavit must prove, and the mistakes that get applications refused. Here’s the short version.

The two suspensions it covers

Only two: demerit points during a good behaviour period, or a 40km/h+ high speed suspension. Anything drink or drug related is a work licence, not an SHO.

What the court must find

You’re a fit and proper person, and losing your licence causes extreme hardship (your income) or severe and unusual hardship. Mere inconvenience is never enough.

How to strengthen it

A properly drafted affidavit — yours and your employer’s — is the whole case. Completing a QTOP course before court helps too; we’re a proud sponsor.

Facts & myths

There’s generally no appeal if you’re refused. You can’t reapply. Under half of unrepresented applicants succeed. And driving outside your conditions adds a further 3-month disqualification.

When a special hardship order applies

A special hardship order (SHO) applies to only two suspensions: accumulating demerit points during a good behaviour period, or a high speed suspension for travelling 40km/h or more over the limit. If your suspension is drink or drug related, the right application is a work licence, not an SHO. You apply to the Magistrates Court in the district where you live or where the suspension was issued.

What the court must be satisfied of

Two things: that you are a fit and proper person to hold a special hardship licence, and that refusing it would cause extreme hardship by depriving you of your means of earning a living, or severe and unusual hardship to you or your family. Everyday inconvenience — or simply finding it hard to get around — is never enough on its own, which is why how the application is framed matters so much.

The affidavit is the whole case

The application is decided largely on affidavit material — yours, and usually your employer’s — so a properly drafted affidavit that sets out the hardship clearly and credibly is the whole case. We’ve run 2,000+ successful applications; completing a QTOP course before court (4 days, we’re a proud sponsor) and preparing genuine supporting material further strengthens it.

If it's refused, and the conditions

There is generally no appeal and you cannot simply reapply, so the application must be right the first time — under half of unrepresented applicants succeed. If granted, the licence comes with strict conditions on when and why you can drive; breaching them is an offence that adds a further 3-month disqualification, so understanding the conditions is as important as getting the order.

Who can't apply

Eligibility is strict. You must hold a current Queensland open or provisional licence, and you’re barred if — in the 5 years before this suspension — you’ve had a licence suspended, cancelled or disqualified, been caught 40km/h+ over while unlicensed, or been convicted of dangerous driving. Helpfully, a SPER suspension, a 24-hour drink/drug suspension, or an immediate suspension for a pending charge don’t count against you.

You can apply during your suspension

The old 21-day deadline was removed in 2019 — you can now apply at any point while you’re suspended, which helps if your circumstances change and driving suddenly becomes essential. But there’s a catch worth knowing: the order still runs its full period (usually 6 months) from the day it’s granted, and any suspension time you’ve already served doesn’t count toward it. Delaying doesn’t shorten the ban, it just adds to your total time restricted.

What you can actually drive for

A special hardship licence is not a normal licence. You can only drive for the purposes the court writes into the order — almost always work — and nothing outside them. You cannot use it for the shops, the school run, university or unpaid work unless the magistrate has specifically allowed it. That’s exactly why the conditions must be drafted to fit your real life the first time; getting them wrong means either being stuck without the driving you need, or an extra court trip to vary the order.

It's a hearing, not a form

This isn’t paperwork you lodge and forget — it’s a contested application decided by a magistrate, lodged with both the court and Queensland Transport, and argued on the day. How quickly it’s heard depends on your court: some hear special hardship applications weekly, others only fortnightly or monthly. Preparation and knowing each registry’s rhythm is a large part of why represented applicants succeed far more often than those who go it alone.

General information only, not legal advice. Every matter turns on its own facts — call 1300 952 255 for free, specific advice.

What we actually do

How we get your special hardship licence approved

The affidavit is the whole application — get it wrong and the court simply won’t grant it. This is what we do differently.

We draft every affidavit properly

Yours, and your employer’s if you’re employed. Not a letter, not a statutory declaration — a signed affidavit covering everything the legislation requires: your work, your hours, your finances, and why no other transport option works.

01 We recommend the things that sway a magistrate

A QTOP course often makes the difference in these applications — we’re a proud sponsor, and we’ll tell you if it will help yours.

02 We deal with Queensland Transport before court

Your material is filed and served on the Queensland Transport prosecutor in advance. We address any concerns they raise so there are no surprises on the day.

03 We file at the right court, first time

Your application must go to the Magistrates Court that has jurisdiction near where you live — not just the closest one. We confirm this before filing so there’s no wasted trip.

04 We argue for conditions you can actually live with

Every day and hour you work, every vehicle class you need, and any regular personal trips (medical appointments, school runs with no alternative) — argued for specifically, not left to chance.

05 We stand with you in court

Your lawyer appears beside you, speaks to the magistrate, and answers the prosecutor’s position — you don’t face it alone or unprepared.

06

All of it included in the $2,990 fixed fee — quoted in writing before you commit.

Steven Brough · Founder · Queensland Law Society member · 25+ years in Queensland courts

Meet the founder

Nobody in Queensland has done more of these

Steven founded the firm in 2010, and special hardship applications have been part of the practice from day one. We've now made over 2,000 successful applications across South East Queensland — more than any other Queensland firm we're aware of.

He's built the approach every lawyer here uses: know exactly what the legislation requires, draft the affidavit so nothing is left for the magistrate to question, and be in the room to answer whatever comes up. Because there's no appeal if it goes wrong, that preparation is everything.

Firm founded 2010

2,000+ SHOs granted

QTOP sponsor

2 minutes — what the court actually needs to see, straight from Steven

Belinda Smyth ·Director & Client Services Manager · 24 years in the legal industry — she and Sara take your calls

When you ring 1300 952 255

A real person, who actually helps — not a call centre

Call us and you’ll speak with Belinda or her assistant Sara — no scripts, no queue, no being passed around. Belinda has 24 years in the legal industry and has taken thousands of these calls; the first thing she’ll do is put you at ease.

She listens first

Tell her whether it’s demerit points or a high speed suspension, and what you’re worried about losing.

Straight answers, free

Whether you’re likely to qualify, what the court will want to see, and what it would cost — at no charge, no obligation.

Straight to a lawyer

If you want us to act, your details go straight to the lawyer who’ll draft your affidavit and appear with you.

No pressure to sign

Just want information? That’s fine too — you won’t be hassled either way.

7am–7pm, 7 days · or request a phone conference

So you know exactly what's coming

What happens in court on the day

01 Arrive 30 minutes early

All your material should already be filed and served. Find out which courtroom you’re in and wait outside it.

02 Speak to the Queensland Transport prosecutor

Confirm who you are and that you’re applying for a special hardship licence, and check they have all your affidavits. They’ll indicate whether they oppose the application, and why.

03 Your matter is called

Stand at the far left of the bar table. Tell the magistrate you’re applying for a special hardship licence, addressing them as “Your Honour” — then you’ll be asked to sit.

04 The prosecutor states their position, then you're heard

The magistrate reads your affidavits and asks questions, giving you the chance to explain why the application should be granted.

05 Conditions are set — or it's refused

If granted, expect conditions: set days and hours, passenger restrictions, a logbook, or wearing a work uniform while driving. You then re-register the licence with Queensland Transport before driving again.

From our clients

Kept on the road, kept in work.

4.9 on Google

“Thank you Russell & Belinda ! Your Experience and Professionalism helped me out immensely. The matter was sorted with meticulous planning . Personal attention was never neglected and you were available and comforted me in the most difficult of times. All the best and thank you once again.”

Niiranjjan B Taste — Google review

“Braden Milburn and the Clarity team did an outstanding job representing me. His professionalism, expertise, and dedication were evident throughout my case, and I’m incredibly grateful for his excellent work and support. Highly recommend!”

Zachary Liddle — Google review

“Nothing short of perfect service and a fantastic outcome, Highly recommended and very stress free. Belinda and Russell know how to ensure the best possible outcome for the given situation.”

Andrew Gilbert — Google review

“Definitely recommended Russell and Belinda.. Russell couldn’t of helped my partner anymore best outcome 100 percent recommend and so very grateful for Russell .”

Lisa Renwick — Google review

“I appreciated having Russell appear for me in court in regards to my DUI charge. He was very professional and made attending court a lot less stressful. Clarity Law also charged a lot less than other businesses.”

Jason Sproule — Google review

“I found myself wrongly charged so I needed the best professional, ethical and honest representation, so I engaged Clarity law and Jacob Pruden successfully had the charges dismissed .We couldn’t have asked for a better outcome! IF you want the best results, don’t hesitate to call Clarity law Maroochydore.”

Peter Kelly — Google review

First time dealing with this?

The terms you'll hear, in plain English

Special hardship order (SHO)

The court order that lets you keep driving through a points or high speed suspension, on set conditions.

Notice to choose

The letter Queensland Transport sends offering a suspension or a good behaviour period once you’ve accumulated too many demerit points.

Good behaviour period

A 12-month period with a 1 demerit point limit, chosen instead of a suspension — lose 2 or more points during it, and this whole process starts.

Affidavit

A sworn written statement — the core document the court decides your application on. A letter or statutory declaration isn’t good enough.

Extreme / severe hardship

The legal test the court applies — losing your licence must cost you your income, or cause severe, unusual hardship. Inconvenience alone isn’t enough.

Work licence

A different application entirely — for people convicted of drink or drug driving. Not the same as a special hardship order.

X3 condition code

The code on your reissued licence marking it as a special hardship licence with restricted conditions.

Bar table

The long table facing the magistrate where you stand to make your application, with the prosecutor on the other side.

Logbook condition

A common condition on an SHO requiring you to record every trip — check yours before you drive.

Frequently asked questions

What people ask us about special hardship licences

Anything else — the call is free: 1300 952 255, 7am–7pm, 7 days.

How do I know which court to file the application in?

Your application must be filed at the Magistrates Court that has jurisdiction over where you live — which isn’t always the closest one. We confirm the correct court before filing, and you’ll soon be able to check it yourself with our Courts we attend page . In the meantime, call us and we’ll tell you in a minute.

What's the difference between an SHO, a work licence and a restricted licence?

“Restricted licence”, “demerit point licence” and “hardship licence” are all the same thing as a special hardship order. A work licence is different — it’s only for drink or drug driving convictions.

Do I really need a lawyer?

You’re free to represent yourself, but our experience is that under half of unrepresented applicants succeed — usually because the affidavit is missing something the legislation requires. You get one shot; there’s no reapplying if you’re refused.

Can I appeal if it's refused?

Generally no — the courts have held there’s no appeal against a refusal. That’s exactly why getting the affidavit right the first time matters so much.

Is there a time limit to apply?

No — but you can only drive as normal up until midnight before your court date, so there’s no benefit in waiting. Apply at the Magistrates Court that has jurisdiction near where you live; we’ll confirm it.

Does my employer have to know?

If you’re employed (not a contractor or business owner), yes — they need to sign an affidavit confirming you’d lose your income without the licence. Self-employed? You won’t need an employer’s affidavit, but your own must cover your business, income and expenses in just as much detail.

Will I be able to drive exactly as normal?

No — the court sets specific days, hours and purposes. Personal driving beyond work is hard to get approved unless there’s a strong, specific reason (e.g. essential medical appointments).

What if my circumstances change afterward?

You can apply to the court to vary your order — a new job, new hours or new address doesn’t mean starting again from scratch.

What if I drive outside the conditions?

You’ll lose the special hardship licence for whatever time was left, plus an extra 3-month disqualification — and you’ll likely be fined and back in court.

How much does it cost?

A fixed $2,990 — drafting your affidavit and your employer’s, advice on helpful courses, dealing with Queensland Transport, and appearing with you in court. Quoted in writing before you commit.

Questions at 2am?

Ask our assistant about special hardship licences — any time.

Instant answers on eligibility, the affidavit, court process and conditions — trained on Steven’s guides. For advice on your situation, it hands you straight to a human.

“I thought I’d lose my licence for six months and my job with it. They got the application right and I never missed a shift.”

Alexis Burrows — Google review

Suspension letter in hand?

Call now — free advice on whether you qualify in the Scenic Rim, before you file anything.

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Courts we attend

A local special hardship lawyer, whichever court you're in

From Southport to Hervey Bay and everywhere in between, we appear in these Magistrates Courts every
week. Tap your court for a page written specifically for it — parking, listing days, and what to expect on the
day.