Transport Operations (Road Use Management—Driver Licensing) Regulation 2021
sec.358Immediate amendment or suspension of Queensland driver licences if mental or physical incapacity
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sec.358 Immediate amendment or suspension of Queensland driver licences if mental or physical incapacity
This section applies if— the chief executive is given information about the holder of a Queensland driver licence from the holder or a health professional; and because of the information, the chief executive considers the holder may have a permanent or long-term mental or physical incapacity that is likely to adversely affect the holder’s ability to drive safely; and the chief executive considers— public safety has been endangered, or is likely to be endangered, because the holder’s ability to drive safely is likely to be adversely affected; or immediate amendment or suspension of the holder’s Queensland driver licence is otherwise necessary in the public interest. The chief executive may, by written notice given to the holder, immediately amend or suspend the holder’s Queensland driver licence. The chief executive may give a notice under subsection (2) immediately amending the holder’s Queensland driver licence even if the licence is suspended. The notice under subsection (2) must state that the amendment or suspension takes effect immediately on the giving of the notice. The chief executive must also give the holder an information notice for the decision. The chief executive must give the holder a show cause notice under section 353 within 7 days after the day the notice under subsection (2) is given to the holder. The amendment or suspension— takes effect immediately on the giving of the notice under subsection (2) ; and continues in effect until the show cause notice given to the holder is finally dealt with under this division. (sec.358-ssec.1) This section applies if— the chief executive is given information about the holder of a Queensland driver licence from the holder or a health professional; and because of the information, the chief executive considers the holder may have a permanent or long-term mental or physical incapacity that is likely to adversely affect the holder’s ability to drive safely; and the chief executive considers— public safety has been endangered, or is likely to be endangered, because the holder’s ability to drive safely is likely to be adversely affected; or immediate amendment or suspension of the holder’s Queensland driver licence is otherwise necessary in the public interest. (sec.358-ssec.2) The chief executive may, by written notice given to the holder, immediately amend or suspend the holder’s Queensland driver licence. (sec.358-ssec.3) The chief executive may give a notice under subsection (2) immediately amending the holder’s Queensland driver licence even if the licence is suspended. (sec.358-ssec.4) The notice under subsection (2) must state that the amendment or suspension takes effect immediately on the giving of the notice. (sec.358-ssec.5) The chief executive must also give the holder an information notice for the decision. (sec.358-ssec.6) The chief executive must give the holder a show cause notice under section 353 within 7 days after the day the notice under subsection (2) is given to the holder. (sec.358-ssec.7) The amendment or suspension— takes effect immediately on the giving of the notice under subsection (2) ; and continues in effect until the show cause notice given to the holder is finally dealt with under this division.