Clarity Law

Specialist Traffic Law Firm Queensland
Monday, 28 August 2023 15:32

Navigating Late Night Driver Restrictions in Queensland

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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 $4,644 (if it went to court) and 3 demerit points.  If given an infringement notice by the police and not summoned to court the maximum fine will be $464 (as at 29/08/2023).

 

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.

 

Last modified on Tuesday, 29 August 2023 15:37
Steven Brough

Steven Brough is the Founder of Clarity Law.  He is one of the most experienced traffic lawyers in Queensland having appeared in court many thousands of time throughout Queensland since 2010.  He has authored over 100 articles about every aspect of traffic law in Queensland.

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