Traffic Archives - Gatenby Criminal Law

23 May

Reduced Fee for Learner Driver Licenses

In a move to alleviate the financial burden on Queenslanders, the Transport Legislation Amendment Regulation (No. 2) 2023 has brought about a significant change regarding learner driver licenses. As of 1 March 2023, the fee for granting or renewing a learner driver license has been reduced to $75.00. This reduction reflects the Queensland government’s recognition of the ongoing cost of living pressures . The Amendment Regulation ensures that this reduced fee will continue to apply to learner driver licenses issued on or after 1 July 2023 and throughout the 2023-24 financial year. Learner License Affordability and Accessibility: Obtaining a learner …

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08 Feb

New fines introduced at electric charging stations

Electric vehicles are becoming increasingly popular in Queensland, with the state government announcing a target of having 1 million electric vehicles on the roads by 2030. However, with the rise in popularity comes the issue of parking in electric vehicle charging bays, which has led to the introduction of new fines. Queensland drivers who park in an electric vehicle charging bay will be hit with a fine of $55. The fine is aimed at deterring drivers from parking in the bays and blocking access for electric vehicle owners who need to charge their vehicles. The new fine applies to any …

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13 Mar

Removal of licence disqualification

In Murray v Commissioner of Police [2021] QDC 48, the Court was required to consider whether the Applicant had demonstrated that it was appropriate to remove an absolute licence disqualification imposed for an offence of Dangerous Operation of a Motor Vehicle. FACTS On Christmas Day 2016, the applicant had been drinking heavily during the course of the day. At about 4.30pm that day, it was decided that he and others would go to another address in Springwood. The applicant ordered an Uber driver for one of his companions, but drove himself. He drove a distance of about five kilometres. He was …

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01 Jul

Qld Premier Intends to Fine Distracted Drivers $1000 for Using a Phone While Driving

Qld government plans to introduce new laws charging drivers $1000 for being on their phone The Queensland government plans to introduce a fine of up to $1000 for drivers who are caught using their mobile phones while driving. Currently, the penalty for being on your phone while driving in Queenslandd is $400 and 3 demerit points. The government’s intended increase is in response to the shockingly high number of road deaths in recent months. Whilst there has long been a government crackdown on drink driving, officials believe that distracted drivers are also a major danger on our roads and that …

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21 May

NSW Crackdown on Drink Driving

NSW have introduced new laws affecting punishment for all levels of drink driving offences. The following changes impact NSW drivers: Swift and Certain loss of licence for lower-range offenders Mandatory Alcohol Interlock for mid-range offenders Vehicle Sanctions for high-risk drink drivers Swift And Certain Loss As of 20 May 2019, first-time offenders charged with low-range drink driving may have their licence immediately suspended for a period of 3 months. There is additionally a $561 fine. For repeat offenders and / or higher range offences, the penalties increase from there. This applies to all drivers charged on NSW roads …

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15 Oct

Proposed penalties for driving offences leading to death or serious injury

The Queensland government is currently considering introducing a new mid-range driving offence between the existing Criminal Code offence of Dangerous Driving, and the TORUM offence of Driving without Due Care and Attention offence. The proposed offence will include a circumstance of aggravation for offending drivers who cause death or grievous bodily harm in the commission of the offence of Driving without Due Care and Attention, where they were driving whilst unlicensed or their license was suspended, or disqualified. The proposal follows the Coroners recommendations in the matter of Audrey Anne Dow. Inquest into the death of Audrey Anne Dow Audrey Anne …

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01 Aug

M1 Traffic Restrictions

Truck drivers need to be aware that from, 1 August 2017, all trucks with a Gross Vehicle Mass (GVM) over 4.5t will be restricted to travelling in the left 2 lanes in both directions between Springwood and Robina. Penalties including fines and loss of demerit points will apply. The restrictions are from the M1 motorway between exit 20 at Springwood and exit 82 Southbound and exit 79 northbound at Robina. The rationale is that the measures will improve the traffic flow for the more than 152,000 vehicles using the M1 each day, particularly during the Commonwealth Games in 2018. The Department of Transport …

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07 Mar

Work Licence for Drug Driving Offences

DRUGS AND DRIVING If you are pleading guilty to an offence of drug driving, the Court must, in addition to any other penalty, disqualify you from holding or obtaining a motor vehicle driver license. In some circumstances you may be eligible to apply for a restricted work license. Unfortunately, in Queensland, there is no capacity to grant you a Special Hardship Order for a drug driving offence. A Special Hardship Order would ordinarily enable a person to attend to activities such as taking children to and from school or attending to medical appointments with the ill. In Queensland however there …

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26 Feb

State Wide Review of Restricted (Work) Licences

Restricted licences, are commonly referred to as work licences. They permit a convicted drink driver to drive for work purposes. The licence holder is subjected to a series of conditions regulating the type of vehicle they might drive, the hours they can drive and whether they might carry passengers. The current drink driving discussion paper is looking at either abolishing work licences or tightening the criteria. Current restricted (work) licence eligibility. Under the current provisions a drink driver is eligible for a restricted (work) licence if they can demonstrate: They are a first time drink driver (nothing in the last 5 years); …

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26 Feb

It's just a drink driving offence, I can't go to jail. Can I?

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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