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Types of driver’s license suspensions/disqualifications

The holding of a Driver’s License is a Privilege and not a right. You are responsible for it and must know the current status of your license at all time i.e. whether it is current, suspended or expired.

There are varying types of suspensions/disqualifications which attach to Queensland licenses at differing times.

SUSPENDED DUE TO NON PAYMENT OF FINES ETC (SPER Suspension)

This type is imposed if you have a SPER Account and do not honour your payment agreement or fail to make an agreement. SPER notify you of the requirement to pay the account and again it is your responsibility to have the account current at all times.  If you do then you retain your driving privilege. If not you become suspended until such time as you rectify the problem with the SPER Account.

A charge of this nature in addition to any other penalty carries an automatic mandatory license disqualification of one (1) month. The court has no alternative and must impose that penalty.

SUSPENDED DUE TO DEMERIT POINTS

Transport and Main Roads are the governing authority in this regard. Most Traffic Tickets carry demerit points and at certain times of the year a double demerit point system applies.

Every license holder has a certain number of demerit points allocated to that license. In the case of Provisional License Holders I understand that it is 4 points. Open license holders have 12 points.

Transport notify the license holder at the address in their records. {If you have changed address you should notify transport or your mail will go

If you are nearing your quota of points Transport Department give you an option of applying for a 1 point Good Behaviour License for 12 months or agreeing to the suspension.

If you are caught driving whilst not the holder of a license owing to demerit points apart from any other penalty the court must impose a mandatory disqualification of six (6) months. It has no option.

DRIVING WHILST COURT DISQUALIFIED

This charge basically speaks for itself. It simply means that you have appeared in Court for some offence where the court has power to disqualify your license.

If you drive during that disqualification period you face  a maximum penalty of a fine of $6600 and/or 18 months imprisonment and the Court must disqualify you from holding or obtaining a license for a minimum period of 2 years to a maximum of 5 years. Second and subsequent offences of disqualified driving carry a far greater risk of a penalty involving actual imprisonment.

DRIVING ON EXPIRED LICENSE

This offence usually does not involve the court imposing a period of disqualficaiton, however it has the power to do so. Such a penalty depends on a number of factors surrounding the commission of the offence namely how long had the license been expired before the offence, any reason offered for driving etc

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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