Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 79E

79E Court may allow particular person whose licence is suspended under s 79B to drive

(1) This section applies to a person—

(a) whose Queensland driver licence is suspended under section 79B (2) because the person has been charged as mentioned in section 79B (1) (a) , (ab) , (b) or (d) ; and

(b) who is eligible, and who applies, under a regulation as mentioned in subsection (4) .

(2) On application to a court by the person, the court may, by order, authorise the person to continue to drive motor vehicles under a Queensland driver licence in stated circumstances.

(3) Despite the order, the person is not authorised to drive a motor vehicle under a Queensland driver licence until the person obtains a replacement licence under section 79F .

Note—

Until a replacement licence is obtained under 79F, the suspension continues under section 79B and it would be an offence against section 78 for the person to drive a motor vehicle for which a licence is required.

(4) A regulation may provide for matters relating to an order under subsection (2) , including, for example, the following—

(a) the persons who are eligible, and who are not eligible, to apply for an order;

(b) how and when an application for an order is to be made;

(c) the criteria to be used in deciding an application for an order;

(d) the types of restrictions the court may or must apply to a licence;

(e) the period for which an order is effective;

(f) variation of an order;

(g) the consequences for failing to comply with an order or a restriction applicable to a licence, including, for example, the creation of offences and the disqualification of a person from holding or obtaining a licence.