QLDIn ForceAct
Transport Operations (Road Use Management) Act 1995
sec.78APermit to drive—recently expired driver licence
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### sec.78A Permit to drive—recently expired driver licence
This section applies if a police officer issues an infringement notice under the State Penalties Enforcement Act 1999 to a person with a recently expired licence for a contravention of section 78 (1) .
The police officer may issue a permit authorising the person to drive to a stated place.
The permit must—
be in the approved form; and
state the number of the infringement notice; and
state the term, not longer than 24 hours, for which it is issued; and
state the conditions, if any, on which it is issued.
If the permit is issued on a condition, the permit is cancelled if the condition is contravened.
To remove any doubt, it is declared that a police officer issuing a permit under subsection (2) does not contravene section 78 (5) .
In this section—
recently expired licence , in relation to a person’s contravention of section 78 (1) , means—
a driver licence that has been expired for no more than 1 year before the contravention; or
a non-Queensland driver licence if, within the 1 year before the contravention, the authority to drive on a Queensland road under the licence has been withdrawn, other than because—
the person was granted a Queensland driver licence; or
the chief executive reasonably believed the person had a mental or physical incapacity that was likely to adversely affect the person’s ability to drive safely.
s 78A ins 2002 No. 4 s 4
amd 2002 No. 71 s 22
(sec.78A-ssec.1) This section applies if a police officer issues an infringement notice under the State Penalties Enforcement Act 1999 to a person with a recently expired licence for a contravention of section 78 (1) .
(sec.78A-ssec.2) The police officer may issue a permit authorising the person to drive to a stated place.
(sec.78A-ssec.3) The permit must— be in the approved form; and state the number of the infringement notice; and state the term, not longer than 24 hours, for which it is issued; and state the conditions, if any, on which it is issued.
(sec.78A-ssec.4) If the permit is issued on a condition, the permit is cancelled if the condition is contravened.
(sec.78A-ssec.5) To remove any doubt, it is declared that a police officer issuing a permit under subsection (2) does not contravene section 78 (5) .
(sec.78A-ssec.6) In this section— recently expired licence , in relation to a person’s contravention of section 78 (1) , means— a driver licence that has been expired for no more than 1 year before the contravention; or a non-Queensland driver licence if, within the 1 year before the contravention, the authority to drive on a Queensland road under the licence has been withdrawn, other than because— the person was granted a Queensland driver licence; or the chief executive reasonably believed the person had a mental or physical incapacity that was likely to adversely affect the person’s ability to drive safely.
- (a) be in the approved form; and
- (b) state the number of the infringement notice; and
- (c) state the term, not longer than 24 hours, for which it is issued; and
- (d) state the conditions, if any, on which it is issued.
- (a) a driver licence that has been expired for no more than 1 year before the contravention; or
- (b) a non-Queensland driver licence if, within the 1 year before the contravention, the authority to drive on a Queensland road under the licence has been withdrawn, other than because— (i) the person was granted a Queensland driver licence; or (ii) the chief executive reasonably believed the person had a mental or physical incapacity that was likely to adversely affect the person’s ability to drive safely.
- (i) the person was granted a Queensland driver licence; or
- (ii) the chief executive reasonably believed the person had a mental or physical incapacity that was likely to adversely affect the person’s ability to drive safely.
- (i) the person was granted a Queensland driver licence; or
- (ii) the chief executive reasonably believed the person had a mental or physical incapacity that was likely to adversely affect the person’s ability to drive safely.