Queensland Consolidated Acts

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

90C Cumulative periods of disqualification for acts done and offences committed at same time

(1) This section applies if—

(a) a person does an act that results in the person being charged with a designated offence and, when the person does the act, the person commits an offence against section 78 (1) ; and

(b) as a result of being charged with the designated offence, the person is disqualified (the
"drink driving disqualification" )—

(i) under section 81 or 86 or the Penalties and Sentences Act 1992 , section 187 ; or

(ii) under a section 89 disqualification; or

(iii) under a section 90 disqualification; and

(c) as a result of committing the offence against section 78 (1) , the person is disqualified (the
"unlicensed driving disqualification" ) under section 78 (3) (a) to (h) , (j) or (k) or the Penalties and Sentences Act 1992 , section 187 .

(2) Subsection (3) applies if, when the person does the act that results in the person being charged with the designated offence, the person does not hold a driver licence authorising the person to drive the motor vehicle on the road but is not disqualified—

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

(b) under a section 89 disqualification; or

(c) under a section 90 disqualification.

(3) The periods of disqualification for the drink driving disqualification and the unlicensed driving disqualification take effect cumulatively with each other.

(4) Subsection (5) applies if, when the person does the act that results in the person being charged with the designated offence, the person does not hold a licence because the person is disqualified (the
"existing disqualification" )—

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

(b) under a section 89 disqualification; or

(c) under a section 90 disqualification.

(5) Each period of disqualification, whether for a drink driving disqualification, an unlicensed driving disqualification or an existing disqualification, takes effect cumulatively with each other period of disqualification.