QLDIn ForceAct
Transport Operations (Road Use Management) Act 1995
sec.79ECourt may allow particular person whose licence is suspended under s 79B to drive
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### sec.79E Court may allow particular person whose licence is suspended under s 79B to drive
This section applies to a person—
whose Queensland driver licence is suspended under section 79B (2) because the person has been charged as mentioned in section 79B (1) (a) , (ab) , (b) or (d) ; and
who is eligible, and who applies, under a regulation as mentioned in subsection (4) .
On application to a court by the person, the court may, by order, authorise the person to continue to drive motor vehicles under a Queensland driver licence in stated circumstances.
Despite the order, the person is not authorised to drive a motor vehicle under a Queensland driver licence until the person obtains a replacement licence under section 79F .
Until a replacement licence is obtained under 79F, the suspension continues under section 79B and it would be an offence against section 78 for the person to drive a motor vehicle for which a licence is required.
A regulation may provide for matters relating to an order under subsection (2) , including, for example, the following—
the persons who are eligible, and who are not eligible, to apply for an order;
how and when an application for an order is to be made;
the criteria to be used in deciding an application for an order;
the types of restrictions the court may or must apply to a licence;
the period for which an order is effective;
variation of an order;
the consequences for failing to comply with an order or a restriction applicable to a licence, including, for example, the creation of offences and the disqualification of a person from holding or obtaining a licence.
s 79E ins 2006 No. 57 s 55
amd 2007 No. 6 s 56A ; 2011 No. 12 s 103
(sec.79E-ssec.1) This section applies to a person— whose Queensland driver licence is suspended under section 79B (2) because the person has been charged as mentioned in section 79B (1) (a) , (ab) , (b) or (d) ; and who is eligible, and who applies, under a regulation as mentioned in subsection (4) .
(sec.79E-ssec.2) On application to a court by the person, the court may, by order, authorise the person to continue to drive motor vehicles under a Queensland driver licence in stated circumstances.
(sec.79E-ssec.3) Despite the order, the person is not authorised to drive a motor vehicle under a Queensland driver licence until the person obtains a replacement licence under section 79F . Until a replacement licence is obtained under 79F, the suspension continues under section 79B and it would be an offence against section 78 for the person to drive a motor vehicle for which a licence is required.
(sec.79E-ssec.4) A regulation may provide for matters relating to an order under subsection (2) , including, for example, the following— the persons who are eligible, and who are not eligible, to apply for an order; how and when an application for an order is to be made; the criteria to be used in deciding an application for an order; the types of restrictions the court may or must apply to a licence; the period for which an order is effective; variation of an order; the consequences for failing to comply with an order or a restriction applicable to a licence, including, for example, the creation of offences and the disqualification of a person from holding or obtaining a licence.
- (a) whose Queensland driver licence is suspended under section 79B (2) because the person has been charged as mentioned in section 79B (1) (a) , (ab) , (b) or (d) ; and
- (b) who is eligible, and who applies, under a regulation as mentioned in subsection (4) .
- (a) the persons who are eligible, and who are not eligible, to apply for an order;
- (b) how and when an application for an order is to be made;
- (c) the criteria to be used in deciding an application for an order;
- (d) the types of restrictions the court may or must apply to a licence;
- (e) the period for which an order is effective;
- (f) variation of an order;
- (g) the consequences for failing to comply with an order or a restriction applicable to a licence, including, for example, the creation of offences and the disqualification of a person from holding or obtaining a licence.