Traffic Archives - Page 2 of 3 - Gatenby Criminal Law

24 Feb

Blood Alcohol Concentration limits in Queensland

Queensland police have the power to intercept motorists for “random breath tests”. They are looking to determine the quantity of alcohol in your breath or blood. The reading is expressed as a percentage of your alcohol in your blood. That is a BAC of 0.05 means that for every 100 millilitres of blood in your body you have 50 milligrams of alcohol. BAC Limits In Queensland there are four alcohol limits. The limits are used to determine the action police can take if you are caught drink driving. From immediate suspension or cancellation of your licence to forfeiture of your …

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01 Nov

Traffic Lawyers Guide To Work License Applications

Disqualification If you have been charged with a Drink Driving offence you must receive a disqualification. This is in addition to any other sentence that the Court may impose. In some circumstances, you can obtain a Work Licence for the period of the disqualification. The length of the disqualification depends on a number of factors including: your reading, the circumstances of your driving; and any previous traffic history. A first offender with a Blood Alcohol Concentration (BAC) of .072%, might expect a disqualification of 3 to 4 months. If they relied upon a licence to maintain employment, they could apply for a Restricted Work Licence (sometimes described as a ‘Work Licence’ or …

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20 May

Double demerit points to target texting drivers

Motorists repeatedly caught texting or using their mobile phone while driving will face stiffer penalties under changes announced today. The penalties are among a range of recommendations arising from last month’s Safer Roads, Safer Queensland forum. Drivers caught committing repeat mobile phone offences within a year can expect double demerits, similar to those imposed on repeat offenders who don’t wear a seatbelt or a motorcycle helmet, or who exceed the speed limit by more than 20 kilometres.

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16 Sep

Online Plea Of Guilty

Minor Traffic offences commenced by way of a complaint and summons, can now be resolved by way of an online plea of guilty. The days of attending the bulk traffic call over and waiting to have minor traffic offences determined by a Magistrate can be avoided. The new online guilty plea form allows the Court to take into account your timely plea of guilty and other relevant factors without the need to attend in person. Anyone wishing to plead guilty online should give thought to using the process. They need to be cautious however as to the consequences of pleading …

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04 Jul

Increased Penalty For Unlicensed Driving

Amendments 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— (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 …

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04 Jul

When do I have to provide police with a traffic crash report?

Current Law. The Driver of a motor vehicle is required to furnish a traffic crash report to police as soon as possible to the nearest police station. Section 92 of the Transport Operations (Road Use Management) Act 1995 and section 287 of the Queensland Road Rules require drivers involved in crashes and other incidents that result in more than $2 500 damage to report those incidents to police. Drivers must also report to police if a person is injured or killed in the crash or a motor vehicle involved in the crash needs to be towed from the scene. Maximum …

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04 Jul

ANPR camera systems set to detect Unregistered Vehicles

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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08 Apr

Police Set to Outsource Service of Notices To Appear

Notices to Appear Under current legislation the Queensland Police Service is required to personally serve Notices to Appear on alleged offenders. This process ensures that the alleged offender is aware that they have been charged and the date upon which they are required to appear in Court. The changes proposed by the Police Minister are said to affect service of Notices to Appear in relation to: Failing to stop a motor vehicle on direction; Provisional drivers, driving a restricted vehicle; Exceed speed limit by more than 40kmh; Failing to stop at a red light; Public nuisance; Disorderly behaviour; and Threatening …

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25 Mar

New Traffic Laws and Increased Penalties for Cycle Offences.

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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18 Mar

Traffic Law – Can I Refuse a RBT?

A number of clients often ask our traffic lawyers whether they have to provide a specimen of breath. Some people believe that the police must, upon request, obtain a blood test, others are indignant that they have been asked to supply at all. The simple answer is that if you do not provide a sample of breath for testing as requested, you can be charged with failing to provide a sample of breath. This offence is treated in the same way as if you were driving with a blood alcohol concentration of 0.15% or above which results in a …

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