Uncategorized – Driving Law https://drivinglaw.contentmanagement.se Just another WordPress site Mon, 12 Oct 2026 10:57:45 +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 Uncategorized – Driving Law https://drivinglaw.contentmanagement.se 32 32 What Happens if You are Served an Evasion Notice? https://drivinglaw.contentmanagement.se/blog/what-happens-if-you-are-served-an-evasion-notice/ https://drivinglaw.contentmanagement.se/blog/what-happens-if-you-are-served-an-evasion-notice/#respond Tue, 12 Sep 2023 12:33:00 +0000 https://drivinglaw.contentmanagement.se/?p=6711
If you are served with an evasion notice it is critical to get urgent legal advice as the consequences of failing to do so are very serious.
This article summarises what an evasion charge is (also called fail to stop) and then goes on to discuss what is an evasion notice and what at the legal implications of being served one.

Understanding evasion charges

Evasion charges, commonly known as failing to stop, are treated with utmost seriousness in Queensland. The government has implemented some of the most stringent legislation in the country, reflecting their commitment to see those who evade the police face severe consequences.
To be charged with evading police in Queensland, Section 754 of the Police Powers and Responsibilities Act 2000 states that the driver of a motor vehicle must not fail to stop when directed by a police officer where a reasonable person would have stopped the vehicle given the circumstances. Essentially, if a police officer in a police vehicle attempts to stop a driver who fails to do so within a reasonable time, the driver is considered to have “evaded” the police.

Terminology: evading police vs. failure to stop vs. evasion offence

In practice, these terms are interchangeable and all refer to the same offence. In court proceedings, it is often referred to as either a “failure to stop” charge or an “evading police” charge.

Court jurisdiction

Cases involving an evading police charge are heard in the Magistrates Court.

Penalties for Evading Police

Determining the exact penalties for evading police can be complex. The law mandated a minimum penalty of 50 penalty units (currently $8,635) or actual imprisonment for 50 days. Plus a licence disqualification for 2 years.

Additional considerations

Evading police is also classified as a type 1 hooning charge, which carries significant consequences. For first-time Type 1 offences, the vehicle can be impounded or immobilized for 90 days. For a second offence, the vehicle may be impounded and potentially confiscated after legal proceedings.

Licence disqualification and work licences

The minimum disqualification period for evading police is two years. Unfortunately, individuals facing this charge are ineligible to apply for a work licence or special hardship licence.

What is an evasion notice?

An evasion notice is a formal document served on the owner of the motor vehicle allegedly involved in an evasion offence.
It must be personally served on the owner by the police.

What will the evasion notice state?

The evasion notice will set out the following:
  • when and where the offence was committed
  • the name and address of the person in whose name the motor vehicle was registered
  • when the offence was committed
  • that the owner must comply with the requirement to provide a statutory declaration within the 14 business days unless the owner has a reasonable excuse
  • the consequences if the owner does not comply with the requirement within the 14 business days, including an explanation of the application of section 756to the owner in any proceeding for the offence
  • the nature of the information the owner must include in the statutory declaration

As the owner what information do I need to provide to the police?

The owner must provide the name and address of the driver. If they do not know who the driver was they must provide all of the following information:
  • where the owner was when the evasion offence occurred
  • the usual location of the vehicle when it is not being used
  • the name and address of each person (a potential driver) known by the owner to have access to drive the vehicle when evasion offence occurred
  • the way each potential driver has access to drive the vehicle Example—A potential driver possesses a key for the vehicle and has access to where the vehicle is kept
  • how frequently each potential driver normally uses the vehicle and for how long each potential driver normally uses the vehicle
  • whether each potential driver uses the vehicle in connection with a business or for private use
  • whether the vehicle was reported as stolen, or otherwise being used without consent, when the evasion offence happened
  • the nature of the inquiries made by the owner to find out who was driving the vehicle when the evasion offence happened

What happens if I don’t reply to the evasion notice?

Unless the owner has a reasonable excuse they must comply with the evasion notice and provide the statutory declaration requested within 14 days.
If the owner does not do this then:
  • They can be fined up to 100 penalty units (currently $17,270); and
  • The owner will be taken to have been the driver of the vehicle when the alleged evasion offence occurred and will be prosecuted and subject to a further fine of 50 penalty units (currently $8,635) or 50 days in prison and a licence disqualification for 2 years.

I sold the vehicle before the evasion offence occurred!

You still need to complete the statutory declaration and provide the police with the name and address of the person to whom the vehicle was sold.

It was a family member who drove the car and I don’t want to get them in trouble

You need to get urgent legal advice as failure to comply with the evasion notice could see you declared the driver even if you weren’t.

How long do I have to comply with the evasion notice?

You have 14 days from the date the evasion notice was served on you.

What happens if I am declared to be the driver of the vehicle?

You can, and most likely will, be charged with evading police and subject to a 2 year licence disqualification, substantial fines or 50 days in prison if found guilty.

Examples

  1. Bob lends his car to a friend. The friend commits an evasion offence and then leaves the state. The police didn’t catch the driver and now serve an evasion notice on Bob. Bob must complete the statutory declaration correctly within 14 days or he will be considered the driver.
  1. Jacks’ car is stolen and the driver fails to stop for the police. The driver escapes the police. The police serve an evasion notice on Jack. Jack must still complete the statutory declaration in 14 days.
  1. Susan lets her roommates borrow her car when they need to. One of her room mates takes the car and evades the police. Susan gets served an evasion notice. She doesn’t know which roommate took the car and none of them admit to driving. Susan still needs to complete the statutory declaration in full setting out who had access to the car, how frequently they drive the car and what enquiries Susan made to find out who the driver was.
  1. Julie lets her son use her car. The son commits an evasion offence. Julie is served with an evasion notice. Julie doesn’t want to get her son in trouble and so doesn’t tell the police her son was the driver and doesn’t complete the statutory declaration in 14 days. After 14 days Julie is considered to be the driver and will be prosecuted and subject to the same harsh penalties as if she was the driver.

Do I really need to spend money getting a lawyer?

An evasion offence is one of the most serious traffic offences in Queensland. The offence carries harsh penalties, long periods of disqualification and the possibility a criminal offence will be recorded on a person criminal history.
The act is very technical and getting the statutory declaration incorrect could mean you are considered the driver. Remember if you don’t complete the statutory declaration you can be fined up to 100 penalty units (currently $17,270). Then you will be prosecuted as if you were the driver and face a further fine of 50 penalty units (currently $8,635) — up to 150 penalty units (currently $25,905) in maximum fines in total or 50 days in prison and a 2 year licence disqualification.
No one served an evasion notice should try and do it themselves, this is matter where engaging a lawyer is almost mandatory.

Summary

  • Evasion charges, also known as failing to stop, are treated very seriously in Queensland.
  • To be charged with evading police, a driver must fail to stop when directed by a police officer, where a reasonable person would have stopped in the circumstances.
  • Cases involving an evading police charge are heard in the Magistrates Court.
  • The court may now impose either a fine of 50 penalty units (currently $8,635) or imprisonment for 50 days served in prison for an evasion offence.
  • Evading police is also classified as a type 1 hooning charge, which can lead to vehicle impoundment or confiscation for repeat offences.
  • The minimum disqualification period for evading police is two years, and individuals cannot apply for a work or special hardship licence.
  • Possible defences to an evading police charge include arguments about the practicality of stopping, the reasonableness of not stopping, or issues related to the police officer’s direction to stop.
  • Responding promptly to an evasion notice and seeking urgent legal advice regarding the notice is crucial.
  • If you do not properly respond to an evasion notice you can be fined and declared to be the driver of the vehicle when the evasion offence occurred.
  • You must get legal advice if you are served an evasion notice.

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  Evading police lawyers page.
]]> https://drivinglaw.contentmanagement.se/blog/what-happens-if-you-are-served-an-evasion-notice/feed/ 0 Will My Disqualification be Cumulative? https://drivinglaw.contentmanagement.se/blog/will-my-disqualification-be-cumulative/ https://drivinglaw.contentmanagement.se/blog/will-my-disqualification-be-cumulative/#respond Tue, 12 Sep 2023 07:38:00 +0000 https://drivinglaw.contentmanagement.se/?p=6114

Introduction

Queensland’s traffic legislation explicitly states the circumstances in which multiple periods of licence disqualification are to apply cumulatively. Unfortunately, these sections (specifically, ss 90B and 90C of the Transport Operations (Road Use Management) Act 1995) are some of the most difficult sections to read and understand in the legislation. This is unfortunate for two reasons. Firstly, because even lawyers, magistrates and judges struggle to understand these sections. Secondly, Transport and Main Roads applies court-ordered drivers licence disqualifications to your traffic record. In our experience, Transport and Main Roads frequently apply cumulative drivers licence disqualifications incorrectly.
The essential difference between ss 90B and 90C is that the former applies to licence disqualifications for offences committed at different times. The latter applies to licence disqualifications for offences committed at the same time. However, both the scope and operation of these two sections differ from each other significantly.
Although these are difficult sections to understand, they are not impossible to understand. Here we offer you our interpretation of these sections and how we believe they operate in practice.

Section 90B: Cumulative Disqualifications for Offences Committed at Different Times

This section is the simplest of the two cumulative disqualification sections. It is also the most difficult to understand. In short, if you are convicted of any of the following offences:
You will receive a mandatory period of licence disqualification.
The traffic legislation also contains an infrequently-used power for the court to disqualify you from driving, even if you are found not guilty of the abovementioned offences but only after the charge has been heard at trial.
Any of the abovementioned licence disqualifications potentially attract the operation of s 90B.
If, before that licence disqualification ends, you are convicted again of one of the abovementioned offences, that second licence disqualification does not commence until the first licence disqualification has ended. In other words, the second licence disqualification is cumulative on the first licence disqualification. This cumulative law applies to third, fourth, licence disqualifications that result from convictions mentioned above if any previous licence disqualifications are still current at the time of conviction.
Confusingly, this section gives two examples of when cumulative licence disqualifications might apply. The first example is the most confusing and is reproduced in full here:
D is charged with a drink driving offence. Before the court hears that charge D is charged again with a drink driving offence. The court convicts D of both offences and disqualifies D for a period of 2 months for 1 offence and a period of 4 months for the other offence. The total period of disqualification is 6 months.
The confusion lies in the wording of the section, which states that the second disqualification is cumulative on the first disqualification, if the second disqualification occurs before the first disqualification has ended. On the face of it, the first and second disqualification both occur at the same time. Although it could be argued that a licence disqualification has not ended before it has begun, this is pure sophistry. There is a better way to read this section so that the example makes sense.
Section 90D of the Transport Operations (Road Use Management) Act 1995 states that, for the purposes of determining whether subsequent licence disqualifications are cumulative, it is immaterial whether the licence disqualifications are ordered at the same hearing. The same section also states that it is immaterial in which order the licence disqualifications are ordered or imposed. Lastly, it also states that the cumulative licence disqualification laws apply even if a different part of the traffic legislation states that licence disqualifications commence at a particular time.
In the above example, D is disqualified from driving under s 86 of the Transport Operations (Road Use Management) Act 1995, which states that licence disqualifications take effect from the date of conviction. Therefore, the second licence disqualification (whichever is considered the “second” disqualification), under that section, occurs simultaneously with the first disqualification (ie, from the date of conviction). However, as that would mean that the second conviction occurs on “day one” of the first conviction (ie, before the first conviction has ended), s 90B takes effect and the second conviction applies cumulatively.
The route to cumulative disqualification is torturous but sound as a matter of logic.

Section 90C: Cumulative Disqualifications for Offences Committed at the Same Time

The offences to which this section applies overlap with, but are slightly different to, the offences to which s 90B applies. The offences to which this section applies are:
  • Any drink-driving or drug-driving offence;
  • Unlicenced or disqualified driving;
  • Failure to provide a specimen of breath or sample of blood at a police station or booze bus;
  • Offences relating to interlocks; or
  • Dangerous operation of a vehicle.
These offences all attract mandatory periods of licence disqualification (with the exception of “simpliciter” unlicenced driving offences).
As already mentioned, the court has the power to disqualify you from driving even if you are found not guilty (after a trial) of dangerous operation of a motor vehicle, drink- or drug-driving, careless driving, racing or speed trials. Furthermore, the traffic legislation may disqualify you from driving if the police give you notice that they reasonably believe that you committed certain low-range or zero-range, drink-driving offences. Lastly, the court has a general power to disqualify you from driving if you commit any offence and committing the offence involves the use of a motor vehicle.
Section 90C could potentially apply to any of the abovementioned licence disqualifications.
While this section is more extensive than s 90B, its operation is far easier to understand. In essence, for this cumulative law to operate, you must have committed one (or more) of the above offences and an unlicenced driving offence that also attracts a period of disqualification. The various sub-sections to s 90C contemplate the different ways that a person may be unlicenced. Nevertheless, driving unlicenced is the prerequisite for the operation of cumulative disqualifications:
Per s 90C(1) ” … and, when the person does the act, the person commits an offence against section 78(1) …”
Per s 90C(2) “… when the person does the act … the person does not hold a driver licence …”
Per s 90(4) “… when the person does the act … the person does not hold a licence because the person is disqualified …”
Once you are convicted, all the resultant licence disqualifications are cumulative on each other.
The best way to illustrate the operation of this section is by reference to two examples: one that results in cumulative licence disqualifications and one that does not.
Suppose the police charge you with dangerous operation of a motor vehicle. At the time of the offence, your licence was suspended because you accumulated too many demerit points. The police also charge you with unlicenced driving whilst demerit-point suspended. You committed both of these offences at the same time. The resulting licence disqualifications are cumulative (ie, the second licence disqualification does not start until the first once has ended).
Now suppose you are intercepted by police and administered a random breath test and a mouth swab. The police find that your blood-alcohol concentration is over the general alcohol limit. They also detect cannabis in your system. You are subsequently charged with low-range, drink-driving and with driving whilst a relevant drug is in your system. These are offences committed at the same time. However, because your licence was valid, the resulting licence disqualifications are concurrent (ie, the two periods of disqualification both commence on the date you were convicted of the offences).
In our experience, many of our clients who fall into the latter category often receive notification from Transport and Main Roads that their licence disqualifications have been applied cumulatively, even though their licences were valid at the time of the offending. We have a high success rate of getting Transport and Main Roads to correct this error and applying the disqualifications concurrently.

Conclusion

Interpreting the laws of cumulative licence disqualifications is difficult. Fortunately, as we specialise in traffic law, we have taken the time to understand how these complicated laws work and we can give you our expert advice before you even enter the courtroom. Few things are more disheartening to clients than to find out that their overall disqualification from driving extends far beyond what they were expecting because they did not understand or expect cumulative periods of licence disqualification.
That is why it is important to seek quality legal advice as soon as possible after you have been charged with any offence that you think may result in having your licence disqualified.

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
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 Disqualified driving lawyers page.
]]> https://drivinglaw.contentmanagement.se/blog/will-my-disqualification-be-cumulative/feed/ 0 Understanding Blood Alcohol Concentration (BAC) Limits in Queensland https://drivinglaw.contentmanagement.se/blog/blood-alcohol-concentration-limits-in-queensland/ https://drivinglaw.contentmanagement.se/blog/blood-alcohol-concentration-limits-in-queensland/#respond Sun, 09 Jul 2023 11:20:00 +0000 https://drivinglaw.contentmanagement.se/?p=4888

As a traffic lawyer providing legal services to individuals charged with drink driving offences in Queensland, I have witnessed the significant impact that exceeding the blood alcohol concentration (BAC) limits have in our legal system. In this blog post, we will explore the history of setting the BAC limits for drink driving in Queensland and provide an overview of the current alcohol driving limits in place.

History of BAC Limits in Queensland

The establishment of BAC limits in Queensland has evolved over the years in response to growing concerns about road safety and the dangers posed by intoxicated drivers. The introduction of BAC limits aimed to provide a clear legal framework and discourage individuals from operating a vehicle while under the influence of alcohol.
The first BAC limits in Queensland were implemented in 1967, with a threshold of 0.08%. This meant that a driver with a BAC level of 0.08% or above was considered legally intoxicated. Over time, awareness of the risks associated with drink driving increased, leading to a reduction in the legal BAC limit to .05% for most drivers.

Current BAC Limits in Queensland

As of the time of writing, the BAC limits for drivers in Queensland are as follows:
  1. General Drivers: The general BAC limit for drivers holding an open licence, including those with a car or motorcycle licence, is 0.05%. This means that if a driver is found to have a BAC level of 0.05% or above, they are considered over the legal limit and can be charged with a drink driving offence.
  2. Learner, Provisional, and Probationary Licence Holders: Learner, provisional, and probationary licence holders face stricter BAC limits. For these drivers, the legal BAC limit is set at 0.00%. This zero-tolerance policy reflects the importance of prioritizing road safety for inexperienced drivers who are still developing their skills.
  3. Professional and Commercial Drivers: Professional drivers, such as those operating taxis, buses, or heavy vehicles, are subject to a zero alcohol limit.  The zero limit reflects the responsibility placed on these drivers to ensure the safety of their passengers and the public.
It is important to note that these BAC limits apply to both driving on public roads and in places that are open to the public, such as car parks, while operating a motor vehicle.

Future Limits

The Queensland government has released discussions papers that discuss reducing the .05 limit for open licence holders to .02. There does not however appear to be much momentum for lowering the limit currently.

How the police test the BAC levels

It is important to first set out the types of testing that is done. Typically two tests are undertaken the first is a roadside test typically using a handheld breath testing machine that gives a presumptive reading. If that presumptive rating is over the limit for the driver then the police have the power to take another test using an approved machine for breath or a blood sample.
It is only this second test that is used in court (if the matter goes to court).

Legal Consequences of Exceeding BAC Limits

Exceeding the prescribed BAC limits in Queensland can have serious legal consequences. If you are found to be over the legal limit, you can be charged with a drink driving offence. The penalties for such offences vary depending on the specific circumstances, including the driver’s BAC level, prior convictions, and the type of licence held.
Penalties can range from fines and licence disqualification to imprisonment in severe cases. Repeat offences typically result in more severe penalties, as the legal system prioritizes deterring habitual drink drivers and protecting road users from potential harm.

We have a full article on drink driving penalties.

Seeking Legal Assistance

If you find yourself charged with a drink driving offence in Queensland, it is crucial to seek the assistance of a lawyer experienced in drink driving matters. A knowledgeable lawyer can guide you through the legal process, explain your rights, and work to achieve the best possible outcome for your case.

Conclusion

Understanding the blood alcohol concentration limits in Queensland is vital for all drivers to ensure compliance with the law and maintain road safety. It is crucial to remember that alcohol affects individuals differently, and it is always safer to avoid driving if you have consumed any amount of alcohol.

As lawyers, our role is to provide legal representation and support to individuals facing drink driving charges. By staying informed about the current BAC limits and making responsible choices, we can contribute to safer roads and the well-being of our communities.

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  page.

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