Traffic Law Legal Hotline Queensland

What is the main law that covers traffic offences in Queensland?

The principal law is the Transport Operations (Road Use Management) Act 1995 (Qld), known as TORUM. It covers drink and drug driving (s79), unlicensed and disqualified driving (s78), careless driving (s83), duties after a crash (s92), licensing and speeding. The most serious charge, dangerous operation of a vehicle, is under section 328A of the Criminal Code Act 1899 (Qld). Everyday road rules (speed limits, phone use, seatbelts) are in the Road Rules Regulation 2009.

Which court will hear my traffic matter?

Most traffic matters - including drink/drug driving, unlicensed, disqualified or suspended driving, careless driving and most dangerous driving charges - are heard in the Magistrates Court of Queensland, which is also where disqualifications are imposed. Serious indictable charges, mainly dangerous operation of a vehicle causing death or grievous bodily harm, are heard in the District Court of Queensland, where a jury trial may be available.

Will I automatically lose my licence for drink driving?

Yes, for almost all drink driving offences Queensland law imposes a mandatory minimum licence disqualification, even for a first offence. The length scales by your BAC band: at least 1 month for low range, at least 3 months for mid range, and at least 6 months (up to an absolute, indefinite disqualification in serious cases) for high range (0.15+) or DUI. The magistrate cannot waive the mandatory minimum, though some low and mid range first offenders may apply for a restricted work licence.

Can I get a work licence (restricted licence) in Queensland?

In some cases. A section 87 restricted (work) licence may be available to eligible low and mid range drink driving first offenders who can show they need to drive for work and that exceptional hardship would result. High range offenders, repeat offenders and disqualified drivers are generally ineligible. The application is technical and must be made before the court imposes the disqualification, so it is worth getting legal help early.

What is the demerit point 'Notice to Choose' from Transport and Main Roads?

When you accumulate too many demerit points, the Department of Transport and Main Roads (TMR) sends a 'Notice to Choose'. You have 21 days to elect either a licence suspension or a 1-year good behaviour driving period (during which a small number of further points triggers a longer suspension). If you do nothing, a suspension generally applies. This is an administrative TMR process, separate from the courts.

What happens if I don't pay a traffic fine?

Unpaid traffic fines and infringement notices are referred to the State Penalties Enforcement Registry (SPER), established under the State Penalties Enforcement Act 1999 (Qld). SPER can add enforcement costs, set up a payment plan, and ultimately suspend your driver licence for non-payment. Acting before the 28-day payment/election deadline avoids these extra consequences.

How serious is driving while disqualified or suspended?

Very serious. Driving while disqualified carries a maximum of 60 penalty units or 18 months imprisonment, PLUS a mandatory further disqualification of 2-5 years, and imprisonment is common for repeat offenders. Driving while suspended (for example under a demerit-point or SPER suspension) is heard in the Magistrates Court and can attract a fine and a court-imposed disqualification. If your licence is gone, do not drive.

What is dangerous operation of a vehicle?

Dangerous operation of a vehicle, under section 328A of the Criminal Code Act 1899 (Qld), is the most serious driving charge. The maximum for the basic offence is 200 penalty units or 3 years imprisonment; up to 400 penalty units or 5 years if aggravated (such as intoxication, excessive speed, racing or a relevant prior); and up to 14 years where the driving causes death or grievous bodily harm - rising to up to 20 years where that harm is combined with aggravating circumstances. A mandatory licence disqualification also applies.

How much are the fines - what is a 'penalty unit'?

Queensland expresses fines in penalty units rather than fixed dollar amounts. The value of a penalty unit is set by regulation and is reviewed periodically, so the dollar figure changes over time. That is why we quote penalties in penalty units (for example, up to about 28 penalty units for some drink driving offences). For the current dollar value and exact figures, check official Queensland Government sources or get legal advice.

Should I just plead guilty at my first court date?

Not without getting information first. Pleading guilty too quickly can mean missing a possible defence, a basis to reduce your disqualification, or eligibility for a work licence. Many Magistrates Courts have a free duty lawyer who can help on the day, and Legal Aid Queensland publishes traffic information online. For anything carrying a mandatory disqualification or possible imprisonment, speak to a lawyer before you enter a plea.