Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 90B

90B Cumulative periods of disqualification for offences committed at different times

(1) This section applies if—

(a) a person is disqualified (the
"initiating disqualification" )—

(i) under a relevant disqualifying provision for a drink driving offence; or

(ii) under a section 89 disqualification; or

(iii) under a section 90 disqualification; and

(b) before the period of disqualification for the initiating disqualification ends, the person is disqualified again on 1 or more occasions (a
"later disqualification" ) as mentioned in paragraph (a) .

(2) However, this section does not apply if section 90C applies.

(3) Each period of disqualification whether for an initiating disqualification or later disqualification takes effect cumulatively with each other period of disqualification.

Examples—

1 D is charged with a drink driving offence. Before the court hears that charge D is charged again with a drink driving offence. The court convicts D of both offences and disqualifies D for a period of 2 months for 1 offence and a period of 4 months for the other offence. The total period of disqualification is 6 months.

2 D commits a drink driving offence on 25 December 2008 and commits another drink driving offence on 1 January 2009. A court convicts D of the 1 January offence on 2 January 2009 and disqualifies D for a period of 2 months. On 1 February, the court convicts D of the 25 December offence and disqualifies D for a period of 4 months. The total period of disqualification is 6 months.