In Australia, the rules governing driver licensing and disqualifications are not only regulated by individual states but also by national bodies like the National Transport Commission (NTC). The NTC, established to develop uniform regulations for road transport, plays a crucial role in ensuring consistency and coherence in traffic laws across the country. Licence disqualifications across Australia One of the critical aspects regulated by the NTC is licence disqualifications. This article aims to provide a comprehensive understanding of how licence disqualifications imposed in one state apply throughout Australia, with specific reference to the NTC's 2006 regulations. The National Transport Commission (NTC)…

Traffic laws are an essential part of maintaining safety on the roads, and one of the mechanisms used to enforce compliance is the demerit points system. This system is designed to encourage responsible driving behaviour by assigning penalty points for various traffic offences. However, during certain holiday periods and long weekends, many states in Australia implement a double demerit points system, aiming to further deter certain types of driving. The recent news that the Queensland Government has incorrectly applied double demerit points to certain people prompted us to write an article about double demerit points In this article, we will…

A significant factor in sentencing someone for a Drink or Drug driving offence in Queensland is was there a crash? This article will discuss what happens if you go to court for a drink driving charge where there was a crash or accident, how this affects the penalty for drink driving and what you can do to reduce the penalty. Why is it relevant that a crash has occurred? When you admit guilt to the charge you're facing in court, the prosecution will present the case's facts for the magistrate's consideration in determining the appropriate sentence. The court is interested…

Introduction Queensland’s traffic legislation explicitly states the circumstances in which multiple periods of licence disqualification are to apply cumulatively. Unfortunately, these sections (specifically, ss 90B and 90C of the Transport Operations (Road Use Management) Act 1995) are some of the most difficult sections to read and understand in the legislation. This is unfortunate for two reasons. Firstly, because even lawyers, magistrates and judges struggle to understand these sections. Secondly, Transport and Main Roads applies court-ordered drivers licence disqualifications to your traffic record. In our experience, Transport and Main Roads frequently apply cumulative drivers licence disqualifications incorrectly. The essential difference between…

If you are served with an evasion notice it is critical to get urgent legal advice as the consequences of failing to do so are very serious. This article summarises what an evasion charge is (also called fail to stop) and then goes on to discuss what is an evasion notice and what at the legal implications of being served one. Understanding evasion charges Evasion charges, commonly known as failing to stop, are treated with utmost seriousness in Queensland. The government has implemented some of the most stringent legislation in the country, reflecting their commitment to see those who evade…

Deciding whether or not to pursue a work licence is a question that a person charged with drink or drug driving needs to ponder when they commence their matter. This article is not going to comprehensively cover work licences, we have a detailed article on that topic here. In short, a work licence is a type of restricted licence that a person applies for to allow them to continue to drive for a specified purpose whilst their licence is disqualified for certain drink or drug driving offences. What does the court look at when deciding if to grant a work…

People are obviously familiar with how a someone could be found guilty of drink driving when they are pulled over by the police over the limit. However it is also possible to be found guilty of drink driving even though at the time the police arrived you were not actually driving. This is the offence of drink driving in charge of a motor vehicle. The law Let’s look at the law when it comes to drink driving. The states that a person can be charged with drink driving if they are over the limit and: drives a motor vehicle; or…