Licences – Driving Law https://drivinglaw.contentmanagement.se Just another WordPress site Wed, 14 Oct 2026 06:55:11 +0000 en-US hourly 1 https://wordpress.org/?v=7.0.1 https://drivinglaw.contentmanagement.se/wp-content/uploads/2026/08/cropped-favicon-32x32-1-32x32.png Licences – Driving Law https://drivinglaw.contentmanagement.se 32 32 How to Check Your Driver’s Licence Status in Queensland https://drivinglaw.contentmanagement.se/blog/how-to-check-your-drivers-licence-status-in-queensland/ https://drivinglaw.contentmanagement.se/blog/how-to-check-your-drivers-licence-status-in-queensland/#respond Tue, 27 Feb 2024 10:49:00 +0000 https://drivinglaw.contentmanagement.se/?p=8116

Ensuring that your driver’s license is valid and in good standing is an integral part of being a responsible driver. Oftentimes, we might lose track of the validation status, especially when it comes to renewals, endorsements, or demerit points. For Queensland residents, knowing how to stay on top of the status of your driver’s license is a crucial step in maintaining your road legality and a clear driving record. Here is an all-inclusive guide to checking your driver’s license status in Queensland, and how to interpret different facets of that status.

Understanding the Importance of License Status

In the hustle and bustle of everyday life, it’s easy to overlook the administrative tasks associated with maintaining a driver’s license. However, having an awareness of your license status is not only a legal requirement but also offers assurance that you’re conforming to the state’s driving laws and can continue operating a motor vehicle without the risk of legal repercussions. Particularly in professions that require a clean driving history, continually monitoring your license status becomes even more essential.

The Basics of Queensland's Graduated Driver Licensing (GDL) System

Queensland operates under the GDL system, a progressive approach to licensing that sees new drivers through three stages before they’re granted with a full, open license. The GDL helps each driver build their skills and experience progressively, with restrictions and conditions continuing to change as you move through the stages. It’s critical for Queensland’s drivers to understand which stage they’re in and the requirements to progress and maintain their license status.

Checking Your Driver's Licence Status Online

The Queensland Government provides a secure online service that allows drivers to check the status of their licenses conveniently. By visiting the government’s designated website and entering the required personal details such as your driver’s license number, you can access a wealth of information about your license, including its current status, expiry date, and any demerit points accrued, if applicable.

Step-by-Step Guide to Checking Your Driver's Licence Status

  1. Navigate to the Service’s Online Platform: Start by visiting Queensland’s official website for road regulations and services.
  2. Enter Personal Information: You’ll need your driver’s license number, licence holders name and date of birth to proceed. Be sure to have these ready to enter.
  3. Access Your Licence Status: Once submitted, you should be able to access a summary of your driver’s license status, including any restrictions or conditions that may be applied.

Alternatively you can visit any Department of Transport and Main Roads office in person or call  the Department of Transport and Main Roads on 13 23 80.

By regularly performing this check, you can ensure your licence information is updated and accurately reflects your circumstances.

Interpreting Your Driver’s Licence Status

Understanding what each element of your driver’s license status means is just as important as the check itself. For initial drivers, special conditions might apply such as displaying ‘P’ plates and not being allowed to tow a trailer with more than 750kg of load capacity. Demerit points also play a significant role — they can be applied for various driving offences and can lead to the suspension of your license if you accumulate too many.

A Detailed Analysis of Each Component

  • License Expiry Date: Knowing your license’s expiration is paramount — driving with an expired license is against the law, regardless of how short it has been expired.
  • Class of License: This describes the types of vehicles you’re allowed to drive. Ensuring it is correct means no trouble with authorities in case you get pulled over.
  • Endorsements and Conditions: Any additional endorsements or license conditions should be carefully observed. These can include a requirement to use specific vehicle modifications or even restricted driving hours.
  • Demerit Points: Regular checks will alert you to the accumulation of demerit points and the consequent need to drive more cautiously to avoid a suspension or loss of your license.

By understanding and monitoring these facets, you’re better equipped to drive within Queensland’s legal boundaries at all times.

Addressing Common Concerns and Problems

What if you’ve lost your driver’s license and don’t remember the number? Or what if the information displayed is incorrect? These are common roadblocks, but they have simple solutions. Taking immediate action to retrieve your license number or correct any inaccuracies in the system will keep you legally protected and compliant with Queensland’s laws.

Step-by-Step Solutions to Common Issues

  • Inaccurate Information: Should you find any errors in your online license status, communicating directly with the respective authorities is key. Having documented evidence to support your claim can expedite the resolution process.

Why Regular Checks Are Essential

Frequent changes to Queensland’s road regulations could lead to modifications in license statuses, without you even being aware. Regular checks ensure that you’re always in the loop, allowing you to make the necessary adjustments to adhere to the current laws. It’s also an excellent opportunity to verify that your personal details, such as your address, are up to date—another vital legal requirement for all drivers.

Conclusion

Keeping track of your driver’s license status is a proactive and necessary aspect of maintaining your legal driving privileges in Queensland. Familiarising yourself with the GDL system, knowing how to check, and understanding what the status means for you are fundamental steps towards being a fully informed and responsible driver. By diligently following the guidance presented in this guide, Queensland residents can confidently take control of their driver’s license status, ensuring compliance, safety, and ongoing driving privilege. Remember that safe driving is not just about following the law; it’s a commitment to protecting yourself and others on the road. Happy and responsible driving!

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our Traffic law services page.
]]> https://drivinglaw.contentmanagement.se/blog/how-to-check-your-drivers-licence-status-in-queensland/feed/ 0 Driving Under a Police Suspension https://drivinglaw.contentmanagement.se/blog/driving-under-a-police-suspension/ https://drivinglaw.contentmanagement.se/blog/driving-under-a-police-suspension/#respond Thu, 21 Sep 2023 07:15:00 +0000 https://drivinglaw.contentmanagement.se/?p=10476
Driving under a police suspension are very serious charges in Queensland. The Courts take a very dim view of the offences and the consequences of driving while suspended by police are severe.

When a person is pulled over for a roadside random breath test, they return a positive reading of alcohol or an indication that drugs are present in their saliva. That person will then be (usually) transported to a local police station for a further test and if positive, charged and typically released with a Notice to Appear.

Among the paperwork the person is given, will be a form titled a “Notice of Suspension or Disqualification”. This form will have one of two sections filled in depending on the reading of alcohol or level of impairment. This results in one of two options in terms of immediate suspension:

What happens if I drive during a police suspension?

Where a person drives during a 24 hour suspension, they have committed an offence against section 22D of the Transport Operations (Road-Use Management) Act (TORUM). This offence attracts a disqualification of 6 months from holding or obtaining a driver licence.
If a person drives while they are suspended when they have been suspended for greater than 24 hours, they have committed an offence against TORUM, namely Unlicenced Driving whilst s79B suspended. This offence is treated as severely as Unlicenced Driving court order disqualified, meaning the disqualification range is a minimum of 2 years up to 5 years disqualification from holding or obtaining a driver licence.

How will this matter be heard in Court?

This matter will be heard in a similar manner as a drink driving charge is heard.

What are the likely penalties for driving during a police suspension?

There are two distinct offences and as such two vastly different penalty ranges.

Offence

Disqualification ranges

Drive during 24-hour suspension

Minimum disqualification of licence for 6 months

Drive during 79B suspension

Minimum of 2 years disqualification up to 5 years.

What adds complexity to these disqualifications is the corresponding drink or drug driving offence. There are complex rules relating to cumulative disqualifications which need to be considered. Our office has written a fantastic article on it here.

What are some examples of driving under a police suspension?

  1. Phillip was caught with a BAC of .060% and given a 24 hours suspension at 8.00pm on Friday. Phillip returns to his car the next morning and decides to collect his car. Phillip is caught by a police officer who scanned his licence plate which revealed there was a suspended driver at that address. Phillip is breath tested and does not return a positive reading, however given he is driving during his suspension, he is charged with a fresh offence.
    • If Phillip waited until 8.01pm on Saturday to collect his car, he would not have been committing an offence.
  1. Elizabeth was caught with a BAC of .153% and given an immediate suspension of her licence. She was informed that she is unable to drive until her matter has been finalised in court. Elizabeth’s court date is a month away. Elizabeth decides she cannot wait that long and drives 2 weeks later to the shop. Elizabeth is pulled over for a licence check and it is discovered that she is currently 79B suspended. Elizabeth is now liable to lose her licence for a minimum of 2 years.
  1. William was caught with a BAC of .175 and given an immediate suspension of his licence. He was given the relevant warnings that he cannot drive until the matter has been finalised in court. William decides that his car wasn’t too far from his house, so he returns to his car and commences driving home. The officers who initially arrested him were driving by coincidentally and spot his car. They pull him over and give him a new breath test. William had a BAC of .165. William will now be charged with two counts of driving under the influence of liquor and one charge of driving whilst s79B suspended. There will now need to be consideration to how these offences will run i.e. cumulatively or concurrently. What started out as a minimum 6 month disqualification, will now run potentially greater than 2 years as a minimum.
NOTE – all of the above examples have all occurred in our experience, however all relevant names, and details have been changed to protect privacy.

Are there any defences to driving under a police suspension?

In certain and very limited circumstances, a defence of necessity or emergency may be available e.g driving a person to hospital to receive emergency care.
Other possible defences are you were not driving on a road, the suspension had in fact ended (for the 24 hour suspension) or you were having to drive under duress (such as fleeing violence).
These defences are limited, however an initial avenue we explore during the early stages of your matter.

Is there ANYTHING I can do to keep driving during a suspension?

Provided a person is eligible, a person subject to a 79B suspension may be able to apply for an emergency licence, under section 79E of TORUM. If you want more information on this licence, please see our article here.

Do I really need a lawyer?

In short, yes. It is not advisable to attempt to represent yourself in these matters, given there is a risk of imprisonment for driving while 79B suspended, especially if this is not your first offence of the like.
What adds complexity in the situation is that you will have a corresponding drink or drug driving offence and how this impact how the disqualifications must be served.

How do I get more information or engage you to act for me?

If you want to engage us or just need further information or advice then you can either;
  1. Use our  contact form and we will contact you by email or phone at a time that suits you
  2. Call us on 1300 952 255 seven days a week, 7am to 7pm
  3. Click here to select a time for us to have a free 15 minute telephone conference with you
  4. Email steven@claritylaw.com.au
  5. Send us a message on
  6. Facebook Messenger
  7. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Need more information?

We have a range of articles on our traffic law blog. Some of the most recent have included:

What our clients say about us

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our Drink driving lawyers page.

]]> https://drivinglaw.contentmanagement.se/blog/driving-under-a-police-suspension/feed/ 0 Understanding Good Driving Behaviour Periods in Queensland https://drivinglaw.contentmanagement.se/blog/understanding-good-driving-behaviour-periods-in-queensland/ https://drivinglaw.contentmanagement.se/blog/understanding-good-driving-behaviour-periods-in-queensland/#respond Wed, 20 Sep 2023 07:02:00 +0000 https://drivinglaw.contentmanagement.se/?p=7418

Good Driving Behaviour Period

As part of the process of encouraging drivers in Queensland to drive in safe manner the Queensland government limits a driver from incurring more than 12 demerit points within 3 years (4 for provisional licence holders). If a driver exceeds their demerit point limit then they will be given a choice in a letter from TMR called a notice to choose – take a suspension for a certain amount of time (usually 3 months) or go on a good driving behaviour period.

In this article we will look closely at what a good driving behaviour period is, how to choose it and what happens if you breach it?

What is a good driving behaviour period?

In essence a good driving behaviour period is a second chance when you have exceeded your demerit points. It gives you a chance to keep your licence and keep driving.

Lets look at an example.

Jason is an open licence holder. He has incurred 11 demerit points over a 2 year period. Jason is driving to work and doesn’t realise he is driving 12 km/h over the posted speed limit. He is caught by a speed camera and sent an infringement notice. As a result he has incurred 3 more demerit points taking him to 15 demerit points within 3 years. Jason will be given a choice, have his licence suspended for 3 months or elect to go on a good driving behaviour period for 12 months.

Why would I need to elect a good driving behaviour period?

You will need to consider whether to elect a good driving behaviour if you exceed your demerit point limit.

What are the demerit point limits?

For provisional licence holders or people driving on an international licence the limit is 4 points.

For open licence holders the limit is 12 demerit points.

What happens If I don’t choose to go on a good driving behaviour period?

If you don’t elect to go on a good driving behaviour then you will have your licence suspended for a period of time.

The length of the suspension depends on how many demerit points you incurred. The suspension periods for open licence holders are:

  • 12–15 demerit points = 3 month suspension
  • 16–19 demerit points = 4 month suspension
  • 20 or more demerit points 5 month suspension

For provisional licence holders and international drivers the suspension period = 3 months.

If you don’t nominate an option by the choice date, your licence will automatically be suspended starting the day after the choice date.

How do I elect a good driving behaviour period?

To elect a good driving period you need to wait until you received a document from Qld Transport and Main Roads (TMR) called a “Accumulation of demerit points – notice to choose”.

Once you have received the notice to choose it will give you a date (called the choice date) that you must make a decision between the good driving behaviour period or suspension of your licence.

To make the choice you can either:

  1. Complete the form F4012 – Driver Licence Enforcement Option Nomination and then attend any TMR office and file the form before the choice date.
  2. Make the election online. You can make the choice on the TMR website by clicking here.

How long does the good driving behaviour period last?

The good driving behaviour period lasts for 12 months.

How many points do I have under the good driving behaviour period?

You only have 1 demerit point. If you incur 2 or more demerit points you breach the good driving behaviour period.

What happens if I breach my good driving behaviour period?

If you breach your good driving behaviour period by incurring 2 or more demerit points then your licence will be suspended for 6 months (it can be longer depending on how many demerit points you incurred on the good driving behaviour period).

If you do breach your good driving behaviour period then you might be eligible to apply for a special hardship order.

What is a special hardship order?

If you find yourself in a situation where you’ve breached your good driving behaviour period but still need to drive, there’s hope. You may be eligible to apply for a special hardship licence, also known as a hardship licence or special hardship order. This licence grants you permission to drive for specific reasons despite the suspension of your regular licence. 

A special hardship licence comes into play if you’re currently on a 12-month good driving behaviour period and you commit another traffic offence or are caught exceeding the speed limit by more than 40 km/h.

However, there are certain criteria you must meet to be eligible for a Special Hardship Order (“SHO”). You cannot apply if, within the last five years prior to your application:

  • You have previously applied for a SHO,
  • Your Queensland driver licence has been suspended, disqualified, or cancelled, or
  • You have obtained a work licence.

To convince the court that losing your licence would cause severe and unusual hardship to you or your family, you must demonstrate that it would deprive you of a means of earning income or create another critical issue. Moreover, your traffic history will be taken into account, and you must demonstrate that you are a fit and proper person to be entrusted with this privilege.

The application for a special hardship licence is heard in the Magistrates Court nearest to your residence and requires extensive affidavits from both yourself and, if employed, your employer.

Should you be successful in obtaining a SHO, your licence may come with restrictions, including:

  • Driving to and from work using the shortest route available,
  • Driving for purposes directly linked to your income-earning activities, and
  • Driving for any special hardship grounds granted by the court (e.g., transporting a family member for chemotherapy treatment). It’s crucial to understand that the court must be convinced that not allowing you to drive for the specific reason sought would result in severe and unusual hardship.

It’s worth noting that the court may impose additional conditions on your licence, such as:

  • Requiring you to maintain a driving diary,
  • Setting limitations on when or how long you can drive,
  • Specifying who you’re allowed to carry in the vehicle, and
  • Restricting the class or type of vehicles you may operate.

Throughout the period of the SHO, you can only drive within the parameters outlined above. It’s crucial to understand that you don’t possess a full licence during this time. Typically, the SHO is valid for the duration of your licence suspension, which is usually six months.

A critical aspect of a special hardship licence is that you’ll receive zero demerit points. This means that even if you accumulate a single demerit point, your licence will be suspended for 12 months. Be mindful of this important detail as you navigate this process.

FAQ’s

I didn’t make a choice under the notice to choose

If you don’t make a choice by the date in the notice to choose that TMR have sent you then your licence is automatically suspended as if you chose the licence suspension rather than the good driving behaviour period.

I haven’t received the notice to choose

Contact TMR urgently as if you go past your due date to make a choice then your licence will be suspended.

It might be you haven’t updated TMR with your new postal address and they have sent the notice to choose to an old address.

I tried to elect the good driving behaviour period but TMR says its too late

If there is a reason you didn’t get the notice to choose then ring TMR urgently. Do not drive until unless TMR allows you to choose the good driving behaviour period.

How long does it take for demerit points to reset Qld?

Demerit points remain on your record for 3 years.

I really need to drive but I chose a suspension and not a good driving behaviour period

There is nothing you can do now. You can try contacting TMR but that’s not likely to change anything.

When does the suspension period start?

The suspension date starts as soon as you choose a suspension rather than electing a good driving behaviour period. If you make no choice then the suspension will automatically start the day after the date for the choice expires.

How do I find my choice date?

It will be in the letter from TMR called the “Accumulation of demerit points – notice to choose”.

Summary

  • The Queensland government limits drivers to 12 demerit points in 3 years (4 for provisional license holders) to promote safe driving
  • Exceeding this limit gives two options: 3-month suspension or a 12-month good driving behaviour period
  • If you don’t choose, your licence is automatically suspended
  • The good driving behaviour period lasts for 12 months with only 1 demerit point allowed
  • If you incur more than 1 demerit points on your good driving behaviour period you might be able to apply for a special hardship licence to keep driving

How do I get more help or engage you to act for me?

We cannot answer questions about specific demerit point offences nor about challenging a fine or infringement notice but can provide advice to people needing to apply for a special hardship licence because they have exceeded their demerit points or driven more than 40 km/h over the speed limit.

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;

  1. Use our contact form and we will contact you by email or phone at a time that suits you
  2. Call us on 1300 952 255 seven days a week, 7am to 7pm
  3. Email steven@claritylaw.com.au
  4. Click here to select a time for us to call you back
  5. Visit our main website page

We cover all courts in South East Queensland from the Gold Coast to Brisbane and up to Hervey Bay and out to Toowoomba. We have 7 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 and other traffic offences on our blog. Some of the most recent have included:

  • What happens in court when applying for a special hardship order?
  • Notice to Choose
  • Essential Guide to Special Hardship Licences
  • Time Limit Change for Special Hardship Orders
  • Special Hardship Orders v Work Licences
  • Driving children under a Special Hardship Licence
  • Drink Driving
This article general information only and not legal advice and is written subject to our disclaimer that can be read by clicking here.  We cannot provide advice on fighting a ticket or about how demerit points apply for specific offences.
Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our Special hardship order lawyers page.
]]> https://drivinglaw.contentmanagement.se/blog/understanding-good-driving-behaviour-periods-in-queensland/feed/ 0 Navigating Late Night Driver Restrictions in Queensland https://drivinglaw.contentmanagement.se/blog/navigating-late-night-driver-restrictions-in-queensland/ https://drivinglaw.contentmanagement.se/blog/navigating-late-night-driver-restrictions-in-queensland/#respond Mon, 28 Aug 2023 04:21:00 +0000 https://drivinglaw.contentmanagement.se/?p=8584

Late-night driving restrictions have become a significant aspect of road safety initiatives in various regions, including Queensland. These restrictions are designed to curb the risks associated with young people driving during the late hours when factors like fatigue, reduced visibility, and impaired driving can contribute to accidents. This article delves into the late-night driver restrictions in Queensland.

Late Night Driver Restrictions: The Basics

Late-night driver restrictions, commonly known as night-time driving curfews, involve limiting driving privileges during specific hours, typically during the night. These curfews aim to reduce the incidence of road accidents and fatalities by targeting times when factors like reduced visibility and increased fatigue are more prevalent.

In Queensland, specific driving restrictions can apply to provisional license holders under the age of 25. Known as P1 and P2 drivers, these individuals can be subjected to restrictions during the late-night hours of 11pm to 5am.

When do late night driving restrictions occur?

Late night driving restrictions (“LNDR”) will apply to drivers under 25 on a P licence in the following circumstances:

  • if they accumulate excessive demerit points resulting in either a good driving behaviour (GDB) period or a licence suspension
  • If they commit a high speed driving offence (driving more than 40 km/h over the speed limit)
  • Their licence is disqualified by a court

How long do the late night driving restrictions apply for?

One year.

What times do the late night driving restrictions apply to?

The LNDR applies between 11pm and 5am.

Can more than one late night driving restrictions occur?

Yes, every time you commit an act that leads to a LNDR a new period will start.  You can have multiple LNDR at the same time.

Does the late night driving restriction end when I go to an open licence?

No, the LNDR runs for 1 year no matter if you change to a new licence class.

What happens if I’m caught driving between 11pm and 5am?

You face a maximum fine of 30 penalty units (currently $5,181) if it went to court, and 3 demerit points.  If given an infringement notice by the police and not summoned to court the fine is 4 penalty units (currently $690.80).

Can you change the hours of a late-night driving restriction?

Perhaps.

To be eligible for an exemption you must prove you need to drive late at night:

  • to get to or from your place of employment; and/or
  • as part of your employment.

In addition you will also prove that you or your family will suffer severe hardship if an exemption is not granted. 

Some examples of this special responsibility include:

  • If you cannot drive between 11pm and 5am you will lose your job and you provide financial support to your family.
  • You are a shift worker and your job requires you to drive between 11pm and 5am and you need to work to provide financial support to your family.

Your application will need to be accompanied by a signed statement from your employer confirming that you need to drive between 11pm and 5am to get to or from your place of employment, and/or as part of your employment.

There is also a small fee that must be paid to make the application.  If the exemption is granted you will need to keep a copy with you when driving and produce it to a police officer upon request.

You can make the application for an exemption by clicking here

Summary

Late-night driver restrictions in Queensland serve as a proactive approach to enhancing road safety, particularly for young and less experienced drivers who have already incurred a number of demerit points or had their licence disqualified. These restrictions, targeting the higher risks associated with driving during the late hours are meant to protect the driver and other road users but allowing some flexibility for young drivers to apply for an exemption.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our Traffic law services page.

]]> https://drivinglaw.contentmanagement.se/blog/navigating-late-night-driver-restrictions-in-queensland/feed/ 0 Disqualification vs Suspension — What is the Difference in Queensland? https://drivinglaw.contentmanagement.se/blog/disqualification-vs-suspension-what-is-the-difference-in-queensland/ https://drivinglaw.contentmanagement.se/blog/disqualification-vs-suspension-what-is-the-difference-in-queensland/#respond Wed, 19 Jul 2023 11:40:00 +0000 https://drivinglaw.contentmanagement.se/?p=9116

You may hear friends, family or the general public use the terms disqualified and suspended interchangeably when referring to their driver licence. For the most part, the underlying principle is the same – a person’s authority to drive a motor vehicle has been taken away from the person. This definition for everyday use is completely serviceable. However, there are some key differences which need to be understood as they are at law, two different concepts.

  1. Suspended. When a person’s licence has been suspended, that means that their authority to drive a vehicle has been temporarily withdrawn. This can occur for any number of reasons, most commonly:
    1. due to the non-payment of a debt owed to the State Penalty Enforcement Registry (SPER);
    2. due to the accumulation of demerit points (including, where you have elected a good driving behaviour period and accumulated an additional 2 points within the 12-month period);
    3. due to committing a High-Speed offence (travelling in excess of 40km/h over the speed limit);
    4. due to returning a positive roadside reading over the middle alcohol limit and above (or being charged Under the Influence of Drugs), also called a section 79B suspension; or
    5. a combination of any off the above.

The salient feature of a suspension, is that regardless of the duration of the suspension, provided your licence has not expired naturally during that time, your licence will return to a valid status at the end of the period.

  1. Disqualified. A disqualified licence, in contrast to a suspension is the ‘permanent’ (meaning the licence does not automatically come back at the end of the period of disqualification) withdrawal of a person’s authority to hold or obtain a driver licence. The only way in which a person can be disqualified, is by an order of the court. The most common ways in which this occurs:
    1. committing a drink or drug driving offence (we have written extensively on these subjects here);
    2. driving whilst, unlicensed, including if you are suspended by SPER or because of demerit points;
    3. driving whilst unlicenced due to being suspended due to section 79B;
    4. driving whilst disqualified by Court order; 
    5. committing a racing offence (including unauthorised speed trials);
    6. careless driving where the driver was unlicensed and/or caused grievous bodily harm or death;
    7. committing Dangerous Operation of a Motor Vehicle offences;
    8. if the Court is satisfied that a persons offending included the use of a vehicle, the Court can disqualify a person from holding a licence; or
    9. a combination of the above.

The Court for certain offences must disqualify a person from holding or obtaining a licence. There are mandatory minimum for most offences and for some, the maximum period can be for life. (Note there are avenues in which a person can apply to have some or all of a disqualification over 2 years set aside). When multiple offences occur, the law can dictate that some disqualifications must be served cumulatively, meaning one after another.

When a disqualification ends, a person’s licence does not automatically return to a valid status. The licence is “dead and buried” for lack of a better term, in fact it is an offence to retain a driver licence that has been disqualified.

A person is required to re-attend the Department of Transport and Main Roads to re-apply for their driver licence. Provided it has not been for an excess of 5 years, your licence will return more or less to the status it was on disqualification.

A licence can be disqualified and suspended at the same time, usually a suspension will run at the same time as a disqualification, from the date the disqualification is given.

For example, a person is suspended from driving for 3 months due to the accumulation of demerit points. During this period of time, they are caught and subsequently plea guilty to the offence of driving unlicenced whilst demerit point suspended. If on the day they plea guilty there is 2 months remaining on the suspension, the remaining 2 months will run at the same time as the new disqualification period of 6 months.

Suspension

Disqualification

Temporary removal of authority to drive

‘Permanent’ removal of authority to hold or obtain a licence

Triggered by TMR, SPER or QPS

Triggered by the Courts on the finding or plea of Guilty for certain offences

Automatic return of licence at the end of the suspension period

Commences from the date of disqualification and is not backdated to the date of the offence

Licence does not automatically return at the end of the period.

The two concepts are importantly distinguished, as the consequences of driving whilst disqualified are dramatically increased over driving whilst suspended at law. In terms of administrative actions at the end of each, its important to note that if you are suspended your licence automatically returns whereas if you are disqualified you need to reapply for a licence.

Conclusion

This article is not designed to explain all the ways in which a person might find themselves disqualified or suspended but is here to be a simple guide as to the difference between the terms and why it is important. If you are charged with an offence that has arisen due to a suspension, or if you have committed a traffic offence and are likely to be disqualified then contacting a traffic lawyer to get advice is certainly advisable to assist you in understanding your rights, and assisting you in obtaining a better outcome in court.

How do I get more information or engage you to act for me?

If you want to engage us or just need further information or advice then you can either;

  1. Use our contact form and we will contact you by email or phone
  2. Call us on 1300 952 255 seven days a week, 7am to 7pm
  3. Click here to book a teleconference at a time that suits you
  4. Email our firms founder at steven@claritylaw.com.au
  5. Send us a message on Facebook Messenger

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 your charge. You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a trafficg charge will have an impact on you, your family and your employment or business.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our Traffic law services page.

]]> https://drivinglaw.contentmanagement.se/blog/disqualification-vs-suspension-what-is-the-difference-in-queensland/feed/ 0 Licence Reinstatement Applications in Queensland https://drivinglaw.contentmanagement.se/blog/licence-reinstatement-applications-in-queensland/ https://drivinglaw.contentmanagement.se/blog/licence-reinstatement-applications-in-queensland/#respond Mon, 17 Aug 2020 04:47:00 +0000 https://drivinglaw.contentmanagement.se/?p=8635

If your licence is disqualified by a Queensland Court for a period in excess of 2 years or is disqualified absolutely you are able to apply for your licence to be reinstated after you have served a minimum of 2 years of the disqualification period. Under no circumstances can you apply for your licence to be reinstated before you have served at least 2 years of that disqualification.

The application is made by applying to the Court closest to where you currently reside for them to reinstate your licence. If your disqualification was in the Magistrates Court then the application will be heard in a Magistrates Court. However, if you disqualification was decided by a District or Supreme Court your application must be heard there.

In order to apply you need to provide the court with extensive affidavit evidence showing clearly why your licence should be returned to you. Generally the affidavit needs to address how the lack of licence affects you financially and how it affects your family. The affidavit would also need to address your behaviour after your licence was disqualified and the circumstances of the original offence. The Affidavit will detail all the ways in which you being unable to drive is having a detrimental effect on you, your income and/or working ability, and, if applicable, your family and those around you.

It is critical to prove to the Court that:

  1. You have changed and realise the importance of your licence;
  2. That you can be trusted with a drivers licence;
  3. That you will not reoffend, should your licence be reinstated.

The licence reinstatement application and supporting documentation is then filed with the Prosecution and the relevant Court. All licence reinstatement applications must be filed at least 28 days before your application can be heard in Court. The prosecutor will look into your application and quite often approach your neighbours to enquire if they have witnessed you driving etc. It is also essential that you attend a driving course or workshop like QTOP as that adds great strength to the application. Your traffic history and criminal history is also filed in support of the licence reinstatement application. It is obviously extremely beneficial if you have not received any charges, in any form, since your licence was disqualified.

Often, Courts can be reluctant to grant a licence reinstatement, however, we have a 100% success rate. To ensure you have the best chance of being successful with your licence reinstatement application it is critical that you engage a Lawyer to prepare the affidavit material and appear in Court with you to argue the application before the Court. The most important reason why you should not attempt to represent yourself for a licence reinstatement application is due to the fact that should the Court not grant your application you cannot re-apply to have your licence reinstated for another 12 months

If you have been disqualified from holding or obtaining a driver licence outside Queensland, then you need to contact the Court you were disqualified in to apply to have your disqualification removed. You cannot have it removed by a Queensland court.

We are happy to discuss, free of charge, the likeliness of your licence reinstatement application being successful.

Here at Clarity Law we regularly undertake Licence Reinstatement Application, it is this experience, and our expertise that allows us to get the absolute best result for clients. Other law firms simply don’t have the experience that we do and don’t know the process and the Magistrates like we do. We also offer one of the most competitive prices for Licence Reinstatement Applications in 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
  • Email steven@claritylaw.com.au

This article is for general information only and is not a substitute for legal advice. Please visit our disclaimer page at www.drivinglaw.com.au/disclaimer.html

Clarity Law’s liability limited by a scheme approved under professional standards legislation

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our Licence reinstatement lawyers page.
]]> https://drivinglaw.contentmanagement.se/blog/licence-reinstatement-applications-in-queensland/feed/ 0 All You Need to Know About Section 79E Applications https://drivinglaw.contentmanagement.se/blog/all-you-need-to-know-about-section-79e-applications/ https://drivinglaw.contentmanagement.se/blog/all-you-need-to-know-about-section-79e-applications/#respond Mon, 07 Sep 2015 09:58:00 +0000 https://drivinglaw.contentmanagement.se/?p=10689

When a person has committed a drink driving offence over the middle alcohol limit or over the high alcohol limit (or UIL), or committed a Drive under the Influence of Drugs, then their licence is going to be immediately suspended under section 79B of the Transport Operations (Road Use Management) Act, see our article on driving under a police suspension.

This means that you are no longer able to drive until your matter has been finalised in court. This could be a few weeks, or in some cases, a few months.

During this time off the road, life must go on. While many are familiar with a work licence, that is only applicable when a person has committed a drink driving offence up to the midrange (BAC between .050 and .149%BAC), they often have to wait until their matter can be listed for a work licence date after their first appearance date. Example, in the Beenleigh Magistrates Court work licence applications are heard once a month.

There exists an option for a person who is eligible to apply for an Emergency Licence to continue to drive for a purpose under section 79E of TORUM.

What is a 79E Emergency License?

An Emergency Licence is an application that is made to the court when a person’s licence has been suspended due to the commission of a relevant traffic offence, in most cases a midrange or UIL offence.

A section 79E application can be made to allow a person to continue to drive for work or to drive for other non-work specified purposes – where not being able to drive would cause them severe and unusual hardship.

Who is eligible?

A person is eligible to apply provided:
  • at the time of the offence, you held a current Queensland open driver licence
  • at the time of the offence, you were not driving for your job
  • at the time of the offence you were not already driving under a work licence
  • at the time of the offence you did not have any outstanding drink/drug driving matters or unlicensed driving matters before the court
  • at the time you were not driving whilst s79B suspended
  • at the time you were not on a good driver behaviour period
  • in the last five years, you have not been convicted anywhere of a drink driving offence or failing to provide a specimen of breath or blood
  • in the last five years, you have not been disqualified from holding a licence or had your licence suspended or cancelled in Queensland (this does not include a SPER suspension that did not go to court

When to Apply?

There is a statutory timeframe on applying for an Emergency Licence of 21 days after their licence was suspended by police.

What information must you provide to the court?

To make an application for an Emergency Licence you must provide the court with an affidavit of yourself and, if not self-employed, an affidavit of your employer. Your affidavit will need to address your personal, work, financial and driving circumstances.
Your employer’s affidavit must also address why you need a licence for your job and an explicit statement that you will lose your job unless you are issued with an Emergency Licence.
If you are seeking to drive for non-work related reasons, your affidavit will need to contain sufficient information to show how not being able to drive will cause you and your family severe and unusual hardship.
The affidavit must be in the correct format, contain all the necessary information to satisfy the Magistrate and properly witnessed. The affidavits must also be accompanied by an application form.
If required by the court, yourself and your employer may be required to give evidence in the witness box in front of the Magistrate.
You will also need to file an application you obtain from either the Department of Transport and Main Roads or the Court registry called a Section 79E Application Form. The Court will give you a hearing date for your application, often prior to your Notice to Appear date.
The application and affidavits need to be filed with the court and then served on the local police prosecution unit well before your court date. This needs to be done at least 3 days prior to the hearing date.
One of the main reasons Emergency Licence applications are refused by Magistrates is that the affidavits are not correct or inadequate.

How does the Court decide my application?

The first thing to note with this application, you are not entering a plea of guilty to the charge at this stage. This application is to allow you to continue to drive in the interim period.
The Court needs to be satisfied of the following:
  1. Whether you are a fit and proper person to be allowed to continue to drive;
  2. If there is an unacceptable risk of your committing further offences if given the opportunity to continue to drive;
  3. Whether you or your family will suffer sever financial hardship by depriving you of the means of earning of your living; and/or
  4. Whether you or your family will suffer severe and unusual hardship other than by depriving you of the means of earning your living.
The Court will make these decision on the basis of the information provided in the affidavit material and by looking at your criminal and traffic history.

Restrictions on an Emergency Licence

The Court will restrict how the Emergency Licence may be used by you, for example the court may;
  • restrict the times when you may drive
  • restrict the purposes for which you may be able to drive
  • restrict the class of vehicle you may drive;
  • require you to complete a logbook
  • require you to wear a work uniform
  • restrict who you may carrying as a passenger in the vehicle

What can I do to improve my chances of getting a Emergency Licence?

You need to have a properly drafted affidavit that covers everything the court needs to know. This is the best way to get an Emergency Licence.
In addition the court will often take into account any character references you have obtained.

You should also complete a driving course such at Queensland Traffic Offenders Program (“QTOP”). This course is often the factor that sways a Magistrate into granting the application. We are proud to be a sponsor of QTOP.

Will my Disqualification start from this date?

No. A disqualification will only commence from the time and date you plea guilty.

Do I have to apply for a work licence if I apply for an Emergency Licence?

No. There is no requirement for you to intend to apply for a work licence if you are issued an Emergency Licence. It might be the case that you are not eligible to apply for a work licence, such as a UIL offence or you may be able to make something work once you have been disqualified e.g you cannot afford to be off the road today but you could make it work in a month or two.

Can I vary the work licence after it is granted?

Yes if your circumstances change you can apply to the court to vary your current order.

What happens if I’m caught driving outside the terms of the work licence?

You will lose your work licence for whatever time is left on it and in addition you will be disqualified for a minimum of 3 months up to 9 months.

Should I get a lawyer to represent me?

In a word, yes. Although you are free to represent yourself we have found that unrepresented people generally are less likely to be granted the application because their paperwork is defective or does not adequately cover all the requirements of the Act and Regulation. Remember you get one shot at this, you cannot reapply if you are refused.
Common problems we have seen with unrepresented applications include;
  • failing to have the Court grant the licence for all hours you work
  • failing to have the Court grant the licence for all days you work
  • failing to take into account the time you have to leave for work in the morning or return after work
  • failing to have the additional necessary non-work related conditions granted
  • failing to have the licence issued for all the vehicle types you need to drive
  • failing to have the order allow you to carry passengers
  • not providing the correct information to the court

Why should I engage Clarity Law?

Quite frankly we care about getting the right outcome for our clients and helping them through one of the most difficult times in their lives.
In the face of a traffic charge, selecting the right legal representation is paramount, and Clarity Law offers a unique blend of proficiency and empathy that sets us apart. Our firm is dedicated to providing clarity in the often complex world of traffic law. We believe that every client deserves a clear understanding of their rights and the legal process they’re navigating.
Our experienced team of lawyers approaches each case with a commitment to open communication, ensuring you’re informed every step of the way. With a proven track record of securing favourable outcomes, we have the expertise to navigate even the most intricate legal challenges.
At Clarity Law, we strive not only to be your staunch advocates but also to provide a supportive, understanding environment during this trying time. Choosing Clarity Law means choosing a team that will tirelessly work to protect your rights and pursue the best possible outcome for your case.

You can read more about our founder, Steven Brough’s, journey to starting Clarity Law by clicking here.

How do I get more information or engage you to act for me?

If you want to engage us or just need further information or advice then you can either;

  1. Use our contact form and we will contact you by email or phone at a time that suits you
  2. Call us on 1300 952 255 seven days a week, 7am to 7pm
  3. Click here to select a time for us to have a free 15 minute telephone conference with you
  4. Email steven@claritylaw.com.au
  5. Send us a message on Facebook Messenger
  6. Click the help button at the bottom right and leave us a message
We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our Drug driving lawyers page.

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