Increased Penalty For Unlicensed Driving

Coa_QueenslandAmendments to the Transport Operations (Road Use Management) Act 1995 will increase the penalty for unlicensed driving where a person has never held a driver licence.

Current Law

Pursuant to section 78 of the Transport Operations (Road Use Management) Act 1995, A person must not drive a motor vehicle on a road unless the person holds a driver licence authorising the person to drive the vehicle on the road.

Maximum penalty—

  1. (a)  if the person committed the offence while the person was disqualified, by any court order, from holding or obtaining a driver licence—60 penalty units or 18 months imprisonment; or
  2. (b)  otherwise—40 penalty units or 1 year’s imprisonment.

Proposed Law

The Transport and Other Legislation Amendment Bill 2014 amends section 78 of the Transport Operations (Road Use Management) Act 1995 to impose a three (3) month disqualification.

Cumulative Disqualification.

Section 90C of the Transport Operations (Road Use Management) Act 1995 provides for driver licence disqualifications to apply cumulatively where a person is disqualified from driving as a result of both drink or drug driving and unlicensed driving.

The new licensing disqualification (where the person has never held a driver licence) is to be treated as a cumulative disqualification.

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For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.

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