Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 86

86 Disqualification of drivers of motor vehicles for certain offences

(1) A person who is convicted of an offence in relation to a motor vehicle against section 79 (1) is, if during the period of 5 years before conviction the person has not been previously convicted—

(a) under section 79 (1) ; or

(b) under section 79 (1F) , (2) , (2AA) , (2A) , (2B) , (2D) , (2J) , (2K) or (2L) ; or

(c) on indictment, of any offence in connection with or arising out of the driving of a motor vehicle by the person; or

(d) summarily of an offence against any provision of the Criminal Code , section 328A ;

disqualified by such conviction and without any specific order for a period of 6 months from the date of such conviction from holding or obtaining a Queensland driver licence.

(1A) If within the period of 5 years before such conviction the person has been previously convicted of an offence under section 79 (1) , the person is disqualified by such conviction and without any specific order for a period of 1 year from the date of such conviction from holding or obtaining a Queensland driver licence.

(1B) If within the period of 5 years before such conviction the person has been previously convicted more than once of an offence under section 79 (1) , the person is disqualified by such conviction and without any specific order for a period of 2 years from the date of such conviction from holding or obtaining a Queensland driver licence.

(1C) If within the period of 5 years before such conviction the person has been previously convicted on indictment of any offence in connection with or arising out of the driving of a motor vehicle by the person or summarily of an offence against any provision of the Criminal Code , section 328A , the person is disqualified by such conviction and without any specific order for a period of 1 year from the date of such conviction from holding or obtaining a Queensland driver licence.

(1D) If within the period of 5 years before such conviction the person has been previously convicted more than once on indictment of any offence in connection with or arising out of the driving of a motor vehicle by the person or more than once summarily of an offence against any provision of the Criminal Code , section 328A or has been previously convicted on indictment of any offence in connection with or arising out of the driving of a motor vehicle by the person and summarily of an offence against any provision of the Criminal Code , section 328A , the person is disqualified by such conviction and without any specific order for a period of 2 years from the date of such conviction from holding or obtaining a Queensland driver licence.

(1E) If within the period of 5 years before such conviction the person has been previously convicted of an offence under section 79 (1) and has been previously convicted on indictment of any offence in connection with or arising out of the driving of a motor vehicle by the person or summarily of an offence against any provision of the Criminal Code , section 328A , the person is disqualified by such conviction and without any specific order for a period of 2 years from the date of such conviction from holding or obtaining a Queensland driver licence.

(1F) If within the period of 5 years before such conviction the person has been previously convicted of an offence under section 79 (1F) , (2) , (2AA) , (2A) , (2B) , (2D) , (2J) , (2K) or (2L) , the person is disqualified by such conviction and without any specific order for a period of 9 months from the date of such conviction from holding or obtaining a Queensland driver licence.

(1G) If within the period of 5 years before such conviction the person has been previously convicted more than once of an offence under section 79 (1F) , (2) , (2AA) , (2A) , (2B) , (2D) , (2J) , (2K) or (2L) , the person is disqualified by such conviction and without any specific order for a period of 1 year from the date of such conviction from holding or obtaining a Queensland driver licence.

(2) A person who is convicted of an offence in relation to a motor vehicle against section 79 (1F) , (2) , (2AA) , (2A) , (2B) , (2D) , (2J) , (2K) or (2L) must, if during the period of 5 years before conviction the person has not been previously convicted—

(a) under section 79 (1F) , (2) , (2AA) , (2A) , (2B) , (2D) , (2J) , (2K) or (2L) ; or

(b) under section 79 (1) ; or

(c) on indictment, of any offence in connection with or arising out of the driving of a motor vehicle by the person; or

(d) summarily of an offence against any provision of the Criminal Code , section 328A ;

be disqualified by such conviction—

(e) in a case where at the time of the commission of the offence the person convicted was, in respect of the motor vehicle, not the holder of a driver licence, was a section 79E driver or was the holder of a learner, probationary, provisional or restricted licence, if paragraph (ea) does not apply—for a period of not less than 3 months and not more than 9 months from the date of such conviction from holding or obtaining a Queensland driver licence; or

(ea) if the person is convicted of an offence in relation to a motor vehicle against section 79 (1F) —for a period of not less than 3 months and not more than 12 months from the date of the conviction from holding or obtaining a Queensland driver licence; or

(f) in any other case—for a period of not less than 1 month and not more than 9 months from the date of such conviction from holding or obtaining a Queensland driver licence.

(2A) The period of disqualification must be decided by the court which, in making its decision, must have regard to the concentration of alcohol in the blood or breath of the defendant, or the presence of a relevant drug in the defendant’s blood or saliva, and the danger, real or potential, to the public in the circumstances of the case.

(2B) If within the period of 5 years before such conviction the person has been previously convicted of an offence under section 79 (1F) , (2) , (2AA) , (2A) , (2B) , (2D) , (2J) , (2K) or (2L) , the person must be disqualified by such conviction for a period of not less than 3 months and not more than 18 months from the date of such conviction from holding or obtaining a Queensland driver licence.

(2C) The period of disqualification must be decided by the court which, in making its decision, must have regard to the concentration of alcohol in the blood or breath of the defendant, or the presence of a relevant drug in the defendant’s blood or saliva, and the danger, real or potential, to the public in the circumstances of the case.

(2D) If within the period of 5 years before such conviction the person has been previously convicted more than once of an offence under section 79 (1F) , (2) , (2AA) , (2A) , (2B) , (2D) , (2J) , (2K) or (2L) , the person is disqualified by such conviction and without any specific order for a period of 6 months from the date of such conviction from holding or obtaining a Queensland driver licence.

(2E) If within the period of 5 years before such conviction the person has been previously convicted of an offence under section 79 (1) or on indictment of any offence in connection with or arising out of the driving of a motor vehicle by the person or summarily of an offence against any provision of the Criminal Code , section 328A , the person is disqualified by such conviction and without any specific order for a period of 9 months from the date of such conviction from holding or obtaining a Queensland driver licence.

(2F) If within the period of 5 years before such conviction the person has been previously convicted of an offence under section 79 (1F) , (2) , (2AA) , (2A) , (2B) , (2D) , (2J) , (2K) or (2L) and—

(a) has been previously convicted of an offence under section 79 (1) ; or

(b) has been previously convicted on indictment of any offence in connection with or arising out of the driving of a motor vehicle by the person or summarily of an offence against any provision of the Criminal Code , section 328A ;

the person is disqualified by such conviction and without any specific order for a period of 1 year from the date of such conviction from holding or obtaining a Queensland driver licence.

(3) Subsection (3AA) applies if a person is—

(a) convicted on indictment of an offence in connection with or arising out of the driving of a motor vehicle by the person, other than an offence against the Criminal Code , section 328A (4) ; or

(b) summarily convicted of an offence against the Criminal Code , section 328A (1) or (2) ; or

(c) convicted on indictment of an offence against the Criminal Code , section 328A (4) .

(3AA) Subject to subsections (3A) to (3F) , the person is disqualified by the conviction and without any specific order from the date of the conviction from holding or obtaining a Queensland driver licence for the following period—

(a) if subsection (3) (a) or (b) applies—6 months;

(b) if subsection (3) (c) applies—1 year.

(3A) If within the period of 5 years before a conviction mentioned in subsection (3) (a) or (b) the person has been previously convicted—

(a) of an offence (whether of the same or of a different kind) of either of the classes referred to in subsection (3) (a) or (b) ; or

(b) under section 79 (1) ;

the person is disqualified by the conviction and without any specific order for a period of 1 year from the date of the conviction from holding or obtaining a Queensland driver licence.

(3B) If within the period of 5 years before a conviction mentioned in subsection (3) the person has been previously convicted more than once of an offence (whether of the same or of a different kind) of any of the classes referred to in subsection (3) or has been previously convicted of an offence (whether of the same or of a different kind) of each of the classes referred to in subsection (3) , the person is disqualified by the conviction and without any specific order for a period of 2 years from the date of the conviction from holding or obtaining a Queensland driver licence.

(3C) If within the period of 5 years before a conviction mentioned in subsection (3) the person has been previously convicted more than once of an offence under section 79 (1) , the person is disqualified by the conviction and without any specific order for a period of 2 years from the date of the conviction from holding or obtaining a Queensland driver licence.

(3D) If within the period of 5 years before a conviction mentioned in subsection (3) the person has been previously convicted of an offence (whether of the same or of a different kind) of any of the classes referred to in subsection (3) and has been previously convicted of an offence under section 79 (1) , the person is disqualified by the conviction and without any specific order for a period of 2 years from the date of the conviction from holding or obtaining a Queensland driver licence.

(3E) If within the period of 5 years before a conviction mentioned in subsection (3) (a) or (b) the person has been previously convicted under section 79 (1F) , (2) , (2AA) , (2A) , (2B) , (2D) , (2J) , (2K) or (2L) , the person is disqualified by the conviction and without any specific order for a period of 9 months from the date of the conviction from holding or obtaining a Queensland driver licence.

(3F) If within the period of 5 years before a conviction mentioned in subsection (3) (a) or (b) the person has been previously convicted more than once of an offence under section 79 (1F) , (2) , (2AA) , (2A) , (2B) , (2D) , (2J) , (2K) or (2L) , the person is disqualified by the conviction and without any specific order for a period of 1 year from the date of the conviction from holding or obtaining a Queensland driver licence.

(4) A person who is convicted of an offence under section 80 (22D) is disqualified by such conviction and without any specific order for a period of 6 months from the date of such conviction from holding or obtaining a Queensland driver licence.

(5) In the case of any conviction referred to in this section in respect of which a person is disqualified by such conviction and without any specific order for a period of time specified from holding or obtaining a Queensland driver licence, the judge before whom such person is so convicted on indictment or the justices by whom such person is so convicted may order that from the date of conviction such person be disqualified absolutely or for a longer period than the period specified in the person’s case from holding or obtaining a Queensland driver licence, and the person, on the making of the order, is disqualified under and in accordance with that order.

(5A) If a person ordered to attend a training program or defensive driving course referred to in section 82 fails to comply with the order, the chief executive may by notice given to the person call on the person to appear and show cause before a Magistrates Court constituted under the Justices Act 1886 at a time and place specified in the notice why the person should not be disqualified from holding or obtaining a Queensland driver licence for a period of 1 month in addition to the period for which the person is or was so disqualified by his or her conviction or the order of the judge or justices.

(5B) If a person called on to appear and show cause under subsection (5A) —

(a) fails to appear at the time and place specified or at any time or place to which the show cause proceeding may be adjourned; or

(b) having appeared, fails to show cause to the satisfaction of the court;

the person is, without any specific order being made, disqualified from holding or obtaining a Queensland driver licence for a period of 1 month in addition to the period for which the person is or was so disqualified by the person’s conviction or the order of the judge or justices.

(5C) The additional period of 1 month’s disqualification commences—

(a) if it is incurred during the period for which the person is disqualified from holding or obtaining a Queensland driver licence by the person’s conviction or the order of the judge or justices—on the expiration of that period; or

(b) if it is incurred after the expiration of the period for which the person is disqualified from holding or obtaining a Queensland driver licence by the person’s conviction or the order of the judge or justices—on the date of the person’s failure whereby the person has incurred the additional period of disqualification.

(6) A disqualification under this section applies whether or not any other sentence is imposed for the offence.

(7) In deciding a period of disqualification for a person whose licence is suspended, or who is disqualified from obtaining or holding a licence, under section 79B , the court may take into account the period of suspension or disqualification that has already been served under that section.

(8) The provisions of this section apply notwithstanding anything contained in any other Act.