sec.208Notice of mental or physical incapacity likely to adversely affect ability to drive safely

sec.208 Notice of mental or physical incapacity likely to adversely affect ability to drive safely

This section applies to the holder of a non-Queensland driver licence who intends to drive on a Queensland road under the licence. If the holder has a permanent or long-term mental or physical incapacity that is likely to adversely affect the holder’s ability to drive safely, the holder must give a notice about the incapacity to the chief executive before the holder drives on a Queensland road. Maximum penalty—60 penalty units. See chapter 14 , part 1 for requirements about the notice. Subsection (2) does not apply if the holder has previously given notice about the holder’s incapacity to the entity that issued the holder’s non-Queensland driver licence. Subsection (5) applies 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 or the entity that issued the holder’s non-Queensland driver licence; 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 drives on a Queensland road. Maximum penalty—60 penalty units. See chapter 14 , part 1 for requirements about the notice. In a proceeding for an offence against subsection (2) or (5) , it is a defence for the holder to prove the holder was unaware, at the time of the offence, that— the holder had a mental or physical incapacity; or the incapacity was likely to adversely affect the holder’s ability to drive safely. In a proceeding for an offence against subsection (5) , it is also a defence for the holder to prove the holder 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 holder’s ability to drive safely. (sec.208-ssec.1) This section applies to the holder of a non-Queensland driver licence who intends to drive on a Queensland road under the licence. (sec.208-ssec.2) If the holder has a permanent or long-term mental or physical incapacity that is likely to adversely affect the holder’s ability to drive safely, the holder must give a notice about the incapacity to the chief executive before the holder drives on a Queensland road. Maximum penalty—60 penalty units. See chapter 14 , part 1 for requirements about the notice. (sec.208-ssec.3) Subsection (2) does not apply if the holder has previously given notice about the holder’s incapacity to the entity that issued the holder’s non-Queensland driver licence. (sec.208-ssec.4) Subsection (5) applies 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 or the entity that issued the holder’s non-Queensland driver licence; and the increase in, or other aggravation of, the incapacity is likely to adversely affect the holder’s ability to drive safely. (sec.208-ssec.5) The holder must give a notice about the increase in, or other aggravation of, the incapacity to the chief executive before the holder drives on a Queensland road. Maximum penalty—60 penalty units. See chapter 14 , part 1 for requirements about the notice. (sec.208-ssec.6) In a proceeding for an offence against subsection (2) or (5) , it is a defence for the holder to prove the holder was unaware, at the time of the offence, that— the holder had a mental or physical incapacity; or the incapacity was likely to adversely affect the holder’s ability to drive safely. (sec.208-ssec.7) In a proceeding for an offence against subsection (5) , it is also a defence for the holder to prove the holder 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 holder’s ability to drive safely.