Most motorists pleading guilty to their first drink driving charge will receive a fine and a loss of their licence.  It is however open for the Magistrate to impose an actual period of imprisonment, especially where it is a repeat drink driving charge. For some drink driving offences, the law says that the court must impose, as the whole or part of the punishment, imprisonment. Sentence When you enter a plea of guilty to a traffic matter the Magistrate must decide, not only the length of your disqualification, but also whether you will be fined, given a community based order or sentenced to a period …

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The Queensland Government is set to allow automatic number plate recognition camera systems or ANPR camera systems to detect unregistered drivers, through proposed amendments to the Transport Operations (Road Use Management) Act 1995. Approximately 3% of Queensland’s 4.5 million vehicles could potentially be unregistered (up to 135 000 vehicles).  This looks set to increase when the Government scraps Registration Labels for light vehicles from October 1, 2014.  Unregistered Vehicle Generally, when a vehicle is unregistered, that also means it does not have CTP insurance (“uninsured vehicle”). However, CTP insurance continues for a grace period of 30 days after the expiry of …

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New Traffic Laws Introduce Cycling Reforms. Queensland has new traffic laws following the introductions of the Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2014.  These new traffic laws are primarily aimed at addressing the road safety of cyclists by introducing a new minimum distance of up to 1.5 metres between any vehicle and a cyclist.  The offence is set to carry a maximum penalty of 40 penalty units and the loss of three (3) demerit points. The new traffic laws follow the Parliamentary Transport, Housing and Local Government Committee  report “A new direction for cycling in Queensland”.  The …

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Hooning Laws Hooning and other reckless driving offences can result in the impoundment or immobilisation of a motor vehicle for a period of seven to 90 days under Queensland Hooning Laws. For repeat offending the vehicle can be forfeit to the state. While there is a capacity to appeal these decisions, the intention of the legislation is clear. Go too far and lose your car. The offending is broken into two categories: Type 1 and Type 2. Type 1 Hooning Laws Evading police Any of the following offences committed during a speed trial, race or a burnout Dangerous Operation of …

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40 Cars a day seized under Hoon Laws Since 1 November 2013, police have proffered more than 7,800 charges under Queensland hoon laws for traffic offences including dangerous operation of a motor vehicle, street racing, evading police and speeding at more than 40km/h over the legal speed limit. New Hoon Laws Under the new laws anyone caught doing burnouts, donuts, drifting or other hooning behaviour can have their vehicles taken off the road for three months. Any follow-up offending within five years will result in the offender’s car being forfeited and sold or crushed. Charges Between November 1 and December …

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Qld Mobile phone laws The State Government is considering new laws for mobile phone offences while driving. Motorists currently face fines of $330 and the loss of three demerit points if caught using a mobile phone while driving. Motorists need to be aware that even if stationary at traffic lights the law still deems you to be in charge of the vehicle and you can be liable.  You are considered to be using the phone even if you are using a function other than making a call.  Texting, checking Facebook or surfing the web would all be offences. Qld Road …

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New Penalties for driving offences New anti-hooning and road safety legislation came into effect today.  The penalties for offending are far more significant that those previously imposed.  Offences are broken into two categories, Type 1 and Type 2. The penalties are dependant on the type of offence and a Defendants Traffic and Criminal History.  The new legislation can be categorised as follows: Type 1 offences: 90 day vehicle impoundment for first offence such as: dangerous operation; careless driving such as burn-outs or drifting; racing, speed trials; and evade police. Towing and storage of impounded vehicle is at the driver’s expense. …

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