If you have been found guilty of a traffic offence such as careless driving, evading police, unlicenced driving etc, or sentenced to a traffic offence and you do not agree with the decision of the Magistrate, you have the right to make an appeal to the District Court. However, the rules, timeframes, and procedures of appeals are complex and often difficult to navigate. In this article, we describe the process of appeal in simple terms to give you an idea about what to expect if you are thinking about making an appeal. For the purposes of simplicity, we discuss appeals…

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…

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…

In Australia, the rules governing driver licensing and disqualifications are not only regulated by individual states but also by national bodies like the National Transport Commission (NTC). The NTC, established to develop uniform regulations for road transport, plays a crucial role in ensuring consistency and coherence in traffic laws across the country. Licence disqualifications across Australia One of the critical aspects regulated by the NTC is licence disqualifications. This article aims to provide a comprehensive understanding of how licence disqualifications imposed in one state apply throughout Australia, with specific reference to the NTC's 2006 regulations. The National Transport Commission (NTC)…

Traffic laws are an essential part of maintaining safety on the roads, and one of the mechanisms used to enforce compliance is the demerit points system. This system is designed to encourage responsible driving behaviour by assigning penalty points for various traffic offences. However, during certain holiday periods and long weekends, many states in Australia implement a double demerit points system, aiming to further deter certain types of driving. The recent news that the Queensland Government has incorrectly applied double demerit points to certain people prompted us to write an article about double demerit points In this article, we will…

A significant factor in sentencing someone for a Drink or Drug driving offence in Queensland is was there a crash? This article will discuss what happens if you go to court for a drink driving charge where there was a crash or accident, how this affects the penalty for drink driving and what you can do to reduce the penalty. Why is it relevant that a crash has occurred? When you admit guilt to the charge you're facing in court, the prosecution will present the case's facts for the magistrate's consideration in determining the appropriate sentence. The court is interested…

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…