QLDIn ForceAct
Transport Operations (Road Use Management) Act 1995
sec.90BCumulative periods of disqualification for offences committed at different times
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### sec.90B Cumulative periods of disqualification for offences committed at different times
This section applies if—
a person is disqualified (the initiating disqualification )—
under a relevant disqualifying provision for a drink driving offence; or
under a section 89 disqualification; or
under a section 90 disqualification; and
before the period of disqualification for the initiating disqualification ends, the person is disqualified again on 1 or more occasions (a later disqualification ) as mentioned in paragraph (a) .
However, this section does not apply if section 90C applies.
Each period of disqualification whether for an initiating disqualification or later disqualification takes effect cumulatively with each other period of disqualification.
D is charged with a drink driving offence. Before the court hears that charge D is charged again with a drink driving offence. The court convicts D of both offences and disqualifies D for a period of 2 months for 1 offence and a period of 4 months for the other offence. The total period of disqualification is 6 months.
D commits a drink driving offence on 25 December 2008 and commits another drink driving offence on 1 January 2009. A court convicts D of the 1 January offence on 2 January 2009 and disqualifies D for a period of 2 months. On 1 February, the court convicts D of the 25 December offence and disqualifies D for a period of 4 months. The total period of disqualification is 6 months.
s 90B ins 2006 No. 21 s 144A
(sec.90B-ssec.1) This section applies if— a person is disqualified (the initiating disqualification )— under a relevant disqualifying provision for a drink driving offence; or under a section 89 disqualification; or under a section 90 disqualification; and before the period of disqualification for the initiating disqualification ends, the person is disqualified again on 1 or more occasions (a later disqualification ) as mentioned in paragraph (a) .
(sec.90B-ssec.2) However, this section does not apply if section 90C applies.
(sec.90B-ssec.3) Each period of disqualification whether for an initiating disqualification or later disqualification takes effect cumulatively with each other period of disqualification. D is charged with a drink driving offence. Before the court hears that charge D is charged again with a drink driving offence. The court convicts D of both offences and disqualifies D for a period of 2 months for 1 offence and a period of 4 months for the other offence. The total period of disqualification is 6 months. D commits a drink driving offence on 25 December 2008 and commits another drink driving offence on 1 January 2009. A court convicts D of the 1 January offence on 2 January 2009 and disqualifies D for a period of 2 months. On 1 February, the court convicts D of the 25 December offence and disqualifies D for a period of 4 months. The total period of disqualification is 6 months.
- (a) a person is disqualified (the initiating disqualification )— (i) under a relevant disqualifying provision for a drink driving offence; or (ii) under a section 89 disqualification; or (iii) under a section 90 disqualification; and
- (i) under a relevant disqualifying provision for a drink driving offence; or
- (ii) under a section 89 disqualification; or
- (iii) under a section 90 disqualification; and
- (b) before the period of disqualification for the initiating disqualification ends, the person is disqualified again on 1 or more occasions (a later disqualification ) as mentioned in paragraph (a) .
- (i) under a relevant disqualifying provision for a drink driving offence; or
- (ii) under a section 89 disqualification; or
- (iii) under a section 90 disqualification; and
- 1 D is charged with a drink driving offence. Before the court hears that charge D is charged again with a drink driving offence. The court convicts D of both offences and disqualifies D for a period of 2 months for 1 offence and a period of 4 months for the other offence. The total period of disqualification is 6 months.
- 2 D commits a drink driving offence on 25 December 2008 and commits another drink driving offence on 1 January 2009. A court convicts D of the 1 January offence on 2 January 2009 and disqualifies D for a period of 2 months. On 1 February, the court convicts D of the 25 December offence and disqualifies D for a period of 4 months. The total period of disqualification is 6 months.