Dangerous Driving and Other Involved Traffic Offences in Queensland
Did you know that traffic offences are some of the most common criminal offences in Queensland? If you live in this state, it is important to be aware of traffic law and how it can affect your life.
This article will discuss traffic laws and what they mean for your safety on the road. We will also provide an overview of dangerous driving and other traffic offences.
The word offence can refer to either a crime or the violation of a law with criminal penalties. Traffic laws regulate how people drive on roads in order to create safer traffic flow and traffic law enforcement is used to punish those who break these traffic laws.
What are Traffic Offences?
Traffic offences in Queensland are governed by the traffic legislation of that state. In particular, traffic offence provisions can be found under:
- The Australian Road Rules
- Queensland’s Transport Operations (Road Use Management) Act 1995 and Regulation 2000
- Queensland’s Criminal Code
The traffic offences listed under these Acts are not exhaustive and may vary depending on the type of traffic violation. Traffic offences can range from speeding, running a red light or driving recklessly to more serious violations like drink-driving (driving with an alcohol concentration exceeding 0.05) or failing to stop after a collision involving death or grievous bodily harm.
Types of Traffic Offences
Traffic laws in Queensland cover a range of offences. We’ve provided some examples of common traffic offences:
Unlicensed Driving – including driving while disqualified
It’s a crime to drive without driver’s license or be disqualified from driving. Driving while unlicensed is not only illegal but also puts the safety of other drivers and pedestrians at risk.
Drink and Drug Driving
It’s no secret that drunk driving is dangerous. But what about the dangers of drinking and drug driving? It might not seem like a big deal, but if you’re impaired by any substance at all, then it could be deadly. Just because there are only small traces left in your system doesn’t mean it won’t impair you or hurt someone else on the road with its effects lingering long after consumption ends.
Exceeding the Speed Limit
Queensland has a limit of 100km/h, but if you’re caught speeding at 16 to 22 km/h over the speed limit as set out in the Transport Operations (Road Use Management) Act 1995, this could lead to a penalty of $2-5 per kilometre and three demerit points and possible disqualification from driving for repeat offenders.
If someone exceeds this rate four times within one year they will have their driver’s license revoked automatically.
Disobeying a Red Light
If seen going against this violation by Queensland police officers or an authority official then you might end up paying hefty fines for not obeying these rules.
The money collected from delinquent drivers goes towards safety improvements such as upgrades to roads and footpaths.
Driving Without Due Care (Careless Driving)
Queensland drivers are careful and courteous, which is why it’s puzzling when someone gets caught speeding or texting while they drive in Queensland. These reckless behaviors break the law here with consequences at stake.
Dangerous driving is a serious offense in Queensland. In order to assess if someone has driven dangerously, the police will take into consideration factors such as speed and manner of driving, weather conditions at time of incident and any other factor that contributes to dangerous operation.
The legal consequences of traffic offences can range from fines, demerit points or even jail time. Your penalty will depend on the type and severity of your offence as well as other factors like previous history that could increase the seriousness such as reckless driving under a probation order issued by court for an earlier offense.
What are Infringement Notices?
An infringement notice is a traffic violation with a monetary penalty. They are issued by Queensland police as an alternative to court-based prosecution measures for less serious traffic offences, and can be either verbal or written depending on the severity of the offence.
You’ll be notified about what law(s) have been broken, how much you’ll have to pay, where or how to pay, and the due date for the fine. Queensland operates a state-wide program called the State Penalties Enforcement Registry (SPER), which can impose heavy penalties including seizing your assets, arrest or imprisonment, if you miss a deadline.
SPER may additionally require an enforcement fee on top of the originally issued fine.
If you don’t have the funds to pay a traffic fine outright, SPER can work with you make a payment plan that is suitable for your individual situation.
If you disagree with an infringement notice you can go to court to dispute it.
For traffic offences detected by cameras, the registered owner of the vehicle will be automatically sent an infringement notice.
If you receive a traffic infringement notice but the vehicle was not in your care at the time of offence, complete a statutory declaration.
Before presenting your statutory declaration to the court, it is best to get some legal advice first.
If you want to transfer a fine or elect to have the matter heard in court, there are strict timeframes. Make sure you check both your infringement notice and the date it was issued for specific information—if you’re still unsure, get a legal advice.
If you commit a traffic offence in Queensland, it will be recorded on your rap sheet. Your license may get suspended if you accumulate too many points which are gained from any of the following reasons; drink driving, vehicle registration history or dangerous driving offences.
If you need to drive for work or some other reason, but your licence has been suspended due to an unpaid fine and will not be reinstated until the fines are paid in full then there is a chance that under certain circumstances you may still apply for a special hardship order.
Special Hardship Order Eligibility
To be eligible for a special hardship order:
- You must have a current Queensland provisional or open driver licence immediately before your suspension occurred
- You can’t have your license suspended or cancelled in the last 5 years (with exceptions)
- You must not have been disqualified from holding or having a Queensland driver licence
- You must be able to show the court that you are a ‘fit and proper person’, and If you don’t get a special hardship order, then you or your family may face extreme hardship if you are not able to work
Do You Need Help?
You may require legal advice if you:
- have been charged with a traffic offence
- disagree with an infringement fine and want to have the case heard in court
- received a fine and weren’t driving the vehicle at the time of the offence and wish to transfer the fine to another driver
- need a speeding fine dispute
- are applying for a hardship order because your licence has been disqualified
Our experts from Bouchier Khan Lawyers appear in Court regularly in relation to these traffic matters.
We would love to help you!
This article is of a general nature and is intended for information only. It should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstance, please contact us at Bouchier Khan Lawyers.