Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 84

84 Dangerous driving of vehicles (other than motor vehicles), trams, trains or animals on roads

(1) Any person who drives a vehicle (other than a motor vehicle), a tram, a train or an animal on a road dangerously is guilty of an offence and is liable to a penalty not exceeding 4 penalty units or to imprisonment for a term not exceeding 6 months.

(1A) If the offender has been previously convicted under subsection (1) the offender is liable to a penalty not exceeding 8 penalty units or to imprisonment for a term not exceeding 1 year.

(1B) If the offender has been twice previously convicted under subsection (1) , the court must, on conviction, impose imprisonment as the whole or part of the punishment.

(1C) For the purpose of deciding whether or not the provisions of subsections (1) to (1B) require imprisonment to be imposed as the whole or part of the punishment for an offence (the
"latest offence" ) against subsection (1) , not more than 1 previous conviction for an offence against the subsection incurred by the offender earlier than the period of 10 years immediately preceding the date of the offender’s conviction for the latest offence is to be taken into account.

(1D) In this section—

"drives a vehicle (other than a motor vehicle), a tram, a train or an animal on a road dangerously" includes the driving of a vehicle (other than a motor vehicle), a tram, a train or an animal at a speed or in a manner dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road and the amount of traffic which is on the road at the time or which might reasonably be expected to be on the road.

(2) Any person who drives a vehicle (other than a motor vehicle), a tram, a train, or an animal on a road without due care and attention or without reasonable consideration for other persons using the road is guilty of an offence.

Penalty—

Maximum penalty for subsection (2) —40 penalty units or 6 months imprisonment.