Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 91W

91W Driving a motor vehicle other than as allowed under an interlock condition

(1) An interlock driver must not drive a motor vehicle that is a prohibited vehicle for the person, unless the person has an interlock exemption that has effect.

Penalty—

Maximum penalty—

(a) if the motor vehicle driven by the person was not fitted with a prescribed interlock, whether or not it was a nominated vehicle for the person—

(i) for a first conviction—28 penalty units; or

(ii) for a conviction within 5 years after a previous conviction to which the circumstance mentioned in this paragraph applies—60 penalty units; or

(b) if the motor vehicle driven by the person was not a nominated vehicle for the person but was fitted with a prescribed interlock—28 penalty units.

(2) If the court convicts a person of an offence against subsection (1) , the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver licence for the following period—

(a) for a conviction mentioned in paragraph (a) (i) of the penalty—3 months;

(b) for a conviction mentioned in paragraph (a) (ii) of the penalty—6 months.

(3) Subsection (4) applies if a police officer reasonably suspects an interlock driver is, or has been, driving a prohibited vehicle for the person.

(4) If asked by the police officer whether the person may drive the vehicle under the interlock condition of the person’s Queensland driver licence, the person must produce for inspection an exemption certificate given to the person under section 91Q for an interlock exemption that has effect, unless the person has a reasonable excuse for not complying with the request.

Penalty—

Maximum penalty—28 penalty units.

(5) Without limiting the matters that may be a reasonable excuse for subsection (4) , it is a reasonable excuse if the person has not been given an exemption certificate under section 91R .

(6) In this section—

"conviction" means a conviction for an offence against subsection (1) .

"prohibited vehicle" , for a person, means a motor vehicle other than a motor vehicle the person may drive under the interlock condition of the person’s Queensland driver licence.