Licence disqualification after certain offences: when will I receive cumulative disqualification periods?
Introduction
A driving licence is essential to our daily lives for a range of reasons – getting to and from work, driving children to school and extra-curriculars, and social lives outside of both. It is a critical component to our right to move freely and the freedom to choose where to live under the Human Rights Act 2019 (Qld).
For this reason, it is incredibly important to be aware of the consequences to your driver licence if you are charged with a traffic offence or certain criminal offences.
When you are charged with a traffic offence or certain criminal offences, you may be faced with a licence disqualification. In certain cases where you have been charged with more than one relevant offence, regardless of whether they occurred at the same or different times, the Court may be required to impose a cumulative disqualification.
What is a cumulative disqualification?
A cumulative disqualification is where periods of disqualification are imposed for each offence and required to be served one after the other. The first disqualification period will start on the date of the court conviction and the second and later disqualification periods will start when the previous disqualification period has been served.
Sections 90A to 90D of the Transport Operations (Road Use Management) Act 1995 (Qld) govern the circumstances where licence disqualifications are to operate cumulatively.
The offences which are part of this regime are:
- Drink driving;
- Drug driving;
- Disqualified or unlicenced driving, or driving outside the conditions of your licence (e.g., conditions of restricted licence);
- Failing to provide a breath, blood or saliva specimen;
- Driving outside the conditions of your restricted licence (e.g., driving without an interlock); and
- Dangerous operation of a motor vehicle under the Criminal Code 1899 (Qld) only if the person was affected by drugs or alcohol at the time of the offence.
When will I receive cumulative disqualification periods?
This means that if any of the below scenarios apply, then your licence disqualification periods must operate cumulatively:
- You are charged with one of the above offences and issued a notice to appear. After this but before you plead guilty to the charge, you are charged again with another of the above offences and issued a further notice to appear.
- You are charged with two of the above offences arising from the same incident (e.g., you were driving while disqualified and had consumed drugs or alcohol above any legal limit).
This means that if you are disqualified for 6 months on a drink driving charge, and disqualified for 2 years on a disqualified driving charge, the overall period of your disqualification is 2.5 years.
However, certain offences do not fall within this regime. Importantly, evasion of police under the Police Powers and Responsibilities Act 2000 (Qld), and dangerous operation of a motor vehicle where the person was not intoxicated at the time, are not captured.
This means that, for example, if you are charged with both drink driving and evasion of police, your licence disqualification periods will begin at the same time (concurrent). Your licence disqualification will end when the longer disqualification period ends. For example, if you are disqualified for 6 months on a drink driving charge and 2 years for an evasion of police charge, the overall period of your disqualification is 2 years.
Can I drive after my cumulative disqualification period is over?
Before you can legally start driving again, you need to visit your nearest Department of Transport and Main Roads customer service centre, authorised Queensland Government Agency Program office or licence issuing police station. They will issue you with a new driver licence.
Depending on the nature of your offending, your age and whether you were on your L or P plates, you may have further restrictions on your licence.