Transport Operations (Road Use Management—Driver Licensing) Regulation 2021
sec.178Holders of Queensland driver licences must give notice of mental or physical incapacity likely to adversely affect ability to drive safely
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sec.178 Holders of Queensland driver licences must give notice of mental or physical incapacity likely to adversely affect ability to drive safely
The holder of a Queensland driver licence who develops, after the grant or renewal of the licence, a permanent or long-term mental or physical incapacity that is likely to adversely affect the holder’s ability to drive safely must give a notice about the incapacity to the chief executive before the holder continues to drive under the licence. Maximum penalty—60 penalty units. See chapter 14 , part 1 for requirements about the notice. Subsection (3) applies to the holder of a Queensland driver licence if— the holder has an increase in, or other aggravation of, an existing permanent or long-term mental or physical incapacity, including an incapacity that the holder has previously given notice of to the chief executive; and the increase in, or other aggravation of, the incapacity is likely to adversely affect the holder’s ability to drive safely. The holder must give a notice about the increase in, or other aggravation of, the incapacity to the chief executive before the holder continues to drive under the licence. Maximum penalty—60 penalty units. See chapter 14 , part 1 for requirements about the notice. In a proceeding for an offence against subsection (1) or (3) , it is a defence for a person to prove the person was unaware, at the time of the offence, that— the person had a mental or physical incapacity; or the incapacity was likely to adversely affect the person’s ability to drive safely. In a proceeding for an offence against subsection (3) , it is also a defence for a person to prove that the person was unaware, at the time of the offence, that— the incapacity had increased or otherwise been aggravated; or the increase in, or other aggravation of, the incapacity was likely to adversely affect the person’s ability to drive safely. (sec.178-ssec.1) The holder of a Queensland driver licence who develops, after the grant or renewal of the licence, a permanent or long-term mental or physical incapacity that is likely to adversely affect the holder’s ability to drive safely must give a notice about the incapacity to the chief executive before the holder continues to drive under the licence. Maximum penalty—60 penalty units. See chapter 14 , part 1 for requirements about the notice. (sec.178-ssec.2) Subsection (3) applies to the holder of a Queensland driver licence if— the holder has an increase in, or other aggravation of, an existing permanent or long-term mental or physical incapacity, including an incapacity that the holder has previously given notice of to the chief executive; and the increase in, or other aggravation of, the incapacity is likely to adversely affect the holder’s ability to drive safely. (sec.178-ssec.3) The holder must give a notice about the increase in, or other aggravation of, the incapacity to the chief executive before the holder continues to drive under the licence. Maximum penalty—60 penalty units. See chapter 14 , part 1 for requirements about the notice. (sec.178-ssec.4) In a proceeding for an offence against subsection (1) or (3) , it is a defence for a person to prove the person was unaware, at the time of the offence, that— the person had a mental or physical incapacity; or the incapacity was likely to adversely affect the person’s ability to drive safely. (sec.178-ssec.5) In a proceeding for an offence against subsection (3) , it is also a defence for a person to prove that the person was unaware, at the time of the offence, that— the incapacity had increased or otherwise been aggravated; or the increase in, or other aggravation of, the incapacity was likely to adversely affect the person’s ability to drive safely.