Queensland Numbered Acts

HEAVY VEHICLE NATIONAL LAW AND OTHER LEGISLATION AMENDMENT ACT 2018 - SECT 49

49 Amendment of s 83 (Careless driving of motor vehicles)

(1) Section 83 , penalty—
omit, insert —

Penalty—

Maximum penalty—

(a) if the person causes the death of or grievous bodily harm to another person and was an unlicensed driver for the motor vehicle at the time of committing the offence—160 penalty units or 2 years imprisonment; or

(b) if the person causes the death of or grievous bodily harm to another person—80 penalty units or 1 year’s imprisonment; or

(c) otherwise—40 penalty units or 6 months imprisonment.

(2) Section 83 —
insert —

(2) If the court convicts a person of an offence against subsection (1) in the circumstances mentioned in paragraph (a) or (b) of the penalty, the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver licence for a period of at least 6 months.

(3) In this section—

"unlicensed driver" , for the motor vehicle, means a person—

(a) whose driver licence authorising the person to drive the motor vehicle is suspended, other than under—

(i) the State Penalties Enforcement Act 1999 , section 105 or a corresponding law to that section; or

(ii) the Transport Operations (Passenger Transport) Act 1994 , section 91ZJ(1)(a) or a corresponding law to that section; or

(b) whose driver licence authorising the person to drive the motor vehicle expired more than 5 years before the offence was committed; or

(c) whose driver licence authorising the person to drive the motor vehicle is cancelled; or

(d) who—

(i) is disqualified from obtaining or holding a driver licence authorising the person to drive the motor vehicle; and

(ii) is not the holder of a restricted licence authorising the person to drive the motor vehicle; or

(e) whose authority under a non-Queensland driver licence to drive the motor vehicle is suspended under the driver licensing regulation; or

(f) whose authority under a non-Queensland driver licence to drive the motor vehicle is withdrawn under the driver licensing regulation other than because the person was granted a Queensland driver licence; or

(g) who has never held a driver licence authorising the person to drive the motor vehicle or any other motor vehicle.