Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 78A

78A Permit to drive—recently expired driver licence

(1) This section applies if a police officer issues an infringement notice under the State Penalties Enforcement Act 1999 to a person with a recently expired licence for a contravention of section 78 (1) .

(2) The police officer may issue a permit authorising the person to drive to a stated place.

(3) The permit must—

(a) be in the approved form; and

(b) state the number of the infringement notice; and

(c) state the term, not longer than 24 hours, for which it is issued; and

(d) state the conditions, if any, on which it is issued.

(4) If the permit is issued on a condition, the permit is cancelled if the condition is contravened.

(5) To remove any doubt, it is declared that a police officer issuing a permit under subsection (2) does not contravene section 78 (5) .

(6) In this section—

"recently expired licence" , in relation to a person’s contravention of section 78 (1) , means—

(a) a driver licence that has been expired for no more than 1 year before the contravention; or

(b) a non-Queensland driver licence if, within the 1 year before the contravention, the authority to drive on a Queensland road under the licence has been withdrawn, other than because—

(i) the person was granted a Queensland driver licence; or

(ii) the chief executive reasonably believed the person had a mental or physical incapacity that was likely to adversely affect the person’s ability to drive safely.