Suspension of Queensland Driver’s Licences

Suspension of Queensland Driver’s Licences

In Queensland, a driver’s licence can be suspended for various reasons, typically related to traffic offences, accumulated demerit points, or court summons. This guide provides a clear overview of the common causes of licence suspensions and what you need to understand about the process.

When Can a Licence Be Suspended in Queensland?

A Queensland driver’s licence may be suspended under the following circumstances:

Unpaid Fines

If an enforcement order is issued by the State Penalties Enforcement Registry (SPER) due to outstanding fines, your licence may be suspended.

Excessive Demerit Points

If a driver accrues the maximum number of demerit points within a specified period, their licence can be suspended.

Serious Traffic Offences

If a driver is found guilty of offences such as driving more than 40 km/h over the speed limit, their licence will be suspended.

Medical or Safety Concerns

The Department of Transport and Main Roads (TMR) or Queensland Police may suspend a driver’s licence if they believe medical or safety issues affect the driver’s ability to operate a vehicle safely (e.g., a medical condition).

Offences for Driving After a Licence Suspension

Driving while your licence is suspended, for any of the above reasons, can result in charges for unlicensed driving. If found guilty, penalties could include:

• A driving disqualification period ranging from one to six months.

• A fine or imprisonment for up to 12 months.

  
  

Immediate Licence Suspensions

Under Section 79B of the Transport Operations (Road Management) Act 1995, certain offences result in the immediate suspension of a driver’s licence. These offences include:

• Drink driving with a BAC of 0.10 or higher.

• Low-level drink driving when another drink driving charge is pending.

• Driving under the influence of alcohol or drugs.

• Refusing to provide a breath or blood sample.

• Dangerous driving while under the influence of alcohol or drugs.

The suspension will remain in place until the matter is resolved in court or the charge is withdrawn.

Offence for Driving After Immediate Suspension

If you drive after your licence has been immediately suspended, you face mandatory disqualification for two to five years. Additional penalties could include:

• A fine of up to $5,300.

• Imprisonment for up to 12 months.

Licence Suspensions and Replacement Licences

If you are charged with a drink driving offence and your licence is suspended, the court may allow you to apply for a replacement licence under certain circumstances. Section 79F permits the granting of a replacement licence, which would allow you to continue driving while your case is pending.

Demerit Points and Licence Suspensions

The number of demerit points a driver can accumulate depends on the type of driver’s licence they hold.

Open Licence

A driver holding an open licence may accrue up to 12 demerit points within a three-year period. Once 12 points are reached, the driver will receive a Notice to Choose, which provides the following options:

• Accept a suspension for a specific period, or

• Opt to continue driving under a good behaviour period for one year.

The suspension length depends on the number of demerit points accumulated within the three-year period.

Provisional Licence

Drivers with a provisional licence can accumulate up to 4 demerit points in a one-year period. If they reach 4 points, they will receive a Notice to Choose, allowing them to:

• Accept a 3-month suspension, or

• Choose a one-year good behaviour period.

  
  

Learner Licence

If a learner driver accrues 4 or more demerit points within a year, their licence will be suspended for three months. They will receive a suspension notice by mail, and there’s no need to hand in the licence.

Good Behaviour Period

If you opt for the good behaviour period, you can continue to drive but must not exceed two demerit points within the year. If you exceed this limit, you will face a six-month licence suspension.

If you do not make a nomination, your licence will automatically be suspended for three months.

If you are facing a licence suspension or need advice regarding traffic offences, Wildermuth Legal is here to help. Our experienced team of lawyers can assist you in navigating the legal complexities of licence suspensions and explore the best options available to you.

Contact Wildermuth Legal today for a consultation and find out how we can help you resolve your traffic matters efficiently and effectively.