Queensland · Your Keys to Driving in Queensland · chapter 12 · 8 min read

Your Vehicle & Organ Donation

• Disqualified and unlicensed driving
• Driving while disqualified by a court You will be disqualified from holding or obtaining a driver licence for a stated period by an order of an Australian court if you have been convicted of:
• a drink or drug driving offence
• a dangerous driving offence
• a criminal offence involving driving a vehicle. If you are found driving a vehicle while you are still disqualified from holding or obtaining a licence because of a court order, you will be charged with disqualified driving. If the court finds you guilty of disqualified driving, the court must further disqualify you from holding or obtaining a licence for a period of at least two years up to a maximum period of five years. You may also be given a fine in excess of $7500, and you could be jailed for up to 18 months.
• Driving while your Queensland driver licence or your authority to drive is suspended Your Queensland driver licence will be suspended or your authority to drive in Queensland under your non-Queensland driver licence will be withdrawn for a stated period if you have:
• not paid any fines imposed on you
• accumulated too many demerit points on your traffic history – see Accumulation of demerit points – Queensland licence holders, page 165 and Accumulation of demerit points – interstate and foreign licence holders, page 166
• been convicted of driving more than 40km/h over the speed limit – see High speed suspension, page 165
• been charged with an offence that is subject to an immediate licence suspension – see Immediate suspension, page 164. If you are found driving a vehicle while your licence is suspended or your authority to drive in Queensland under your non-Queensland driver licence is withdrawn because of any of the above reasons, you will be charged with unlicensed driving. If the court finds you guilty of the unlicensed driving offence, the court will disqualify you from holding or obtaining a licence. You may also be given a fine in excess of $5000, and you could be jailed for up to one year.

Driving while your authority to drive is withdrawn

Your authority to drive in Queensland under your non-Queensland driver licence is also withdrawn if:

• the Department of Transport and Main Roads reasonably believes that you have a mental or physical incapacity that adversely affects your ability to drive safely
• the three months residency rule applies to you – see When the three months residency rule applies, page 59
• you fail your Q-Safe practical driving test. If you are found driving a vehicle when your authority to drive has been withdrawn because of any of the above reasons, you may be given an infringement notice, or be dealt with by a court, for unlicensed driving. If the matter is dealt with by a court and you are found guilty of the unlicensed driving offence, you may be fined in excess of $5000 and you could be jailed for up to one year.

Driving when you do not hold a driver licence You are taken to not hold a valid licence if:

• your licence is suspended
• your licence is cancelled as a result of a court disqualification
• your licence has expired
• you have voluntarily surrendered your licence
• your licence has been suspended or cancelled because you have a mental or physical incapacity that adversely affects your ability to drive safely
• you do not hold the class of licence for the vehicle you are found driving
• you have never held a licence
• after completing a period of disqualification, you do not obtain a further licence before starting to drive again. If you are found driving a vehicle and you do not hold a licence because of any of the above reasons, you may be given an infringement notice for the offence, or be dealt with by a court, for unlicensed driving. If the matter is dealt with by a court and you are found guilty of the unlicensed driving offence, you may be fined in excess of $5000 and you could be jailed for up to one year. For more information about court-imposed fines, contact the State Penalties Enforcement Registry on 1300 365 635 or visit www.sper.qld.gov.au.