ADLA Quicklinks


No items could be found. Please try another area

Offence

Begin Search

ADLA member for - QLD

Written by
Bill Potts
Director - Criminal Lawyer


Other traffic offences - QLD
Welcome to the QLD Restricted Work Licence Breach article page. Everything you need to know about Restricted Work Licence Breach according to QLD law - Dated: 01/09/2009

What the Law States according to QLD Law for Restricted Work Licence Breach

According to QLD Law for the charge of Restricted Work Licence Breach,

Section 87 of the Transport Operations (Road Use Management) Act Queensland states:

(10)   Any person who, being the holder of a restricted licence issued pursuant to an order made under this section, drives a motor vehicle otherwise than in accordance with the restrictions to which the licence is subject as a consequence of that order or an order under section 88 commits an offence and is liable to a penalty not exceeding 20 penalty units.

The Maximum Penalty - Restricted Work Licence Breach

According to QLD Law for the charge of Restricted Work Licence Breach,

Maximum Penalty - 20 Penalty Units

 

Restricted Work Licence Cancellation - if you still hold the work licence at the time of conviction for the breach of the work licence conditions, your work licence will be cancelled upon conviction.

 

Licence Disqualification - you will be disqualified for a period of 3 months on top of your disqualification for the original offence that compelled you to apply for a work licence. 

 

Penalty Unit = $100.00.

What the Police must prove according to QLD Law for Restricted Work Licence Breach

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:

The accused:

(1) Was the holder of a work licence, granted upon an application made under section 87 of the Transport Operations (Road Use Management) Act, at the time of the alleged offence; AND

(2) Drove a motor vehicle; AND

(3) Was driving outside the conditions of that work licence.


Possible Defences under QLD Law - Restricted Work Licence Breach

1. The accused was in fact the holder of an unrestricted probationary, provisional or open licence;

2. The accused was not driving a motor vehicle.

3. The accused was not driving a motor vehicle outside the conditions of his or her work licence.

4. Duress - example: there was a threat of harm against the accused or someone else that the accused reasonably believed would be carried out if he or she did not do the act that constituted the offence.

5. Necessity - example: there was an extraordinary emergency.

6. Insanity.

7. Involuntary Intoxication.

8. Identification i.e. the offence was not the accused.

In QLD which court will hear the matter - Restricted Work Licence Breach

Under section 3(5) of the Criminal Code Act  Queensland this offence is classed a simple offence and therefore may be heard in the Magistrates Court pursuant to section 19 of the Justices Act Queensland.

Criminal Law Article written by Bill Potts (Queensland criminal defence lawyer who is experienced in Traffic Offence matters)

Call ADLA on 1300 331 331