Queensland Subordinate Legislation as Made

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--DRIVER LICENSING) REGULATION 2010 No. 206 - SECT 51

51 Responsibility to give notice of mental or physical incapacity likely to adversely affect ability to drive safely

(1) At the time of applying for the grant or renewal of a Queensland driver licence, the applicant must give notice in the approved form to the chief executive about any mental or physical incapacity that is likely to adversely affect the applicant's ability to drive safely.

Maximum penalty--60 penalty units.

(2) The holder of a Queensland driver licence must give notice in the approved form to the chief executive about either of the following that is likely to adversely affect the holder's ability to drive safely, if either happens after the grant or renewal of the licence--

(a) any permanent or long term mental or physical incapacity;
(b) any permanent or long term increase in, or other aggravation of, a mental or physical incapacity, if notice in the approved form has previously been given to the chief executive about the incapacity.

Maximum penalty--60 penalty units.

(3) It is a defence to the prosecution of a person for an offence against this section if the person establishes that, at the time of the offence, the person was unaware that--

(a) he or she had a mental or physical incapacity; or
(b) the incapacity was likely to adversely affect the person's ability to drive safely.

(4) Also, it is a defence to the prosecution of a person for an offence against subsection (2)(b) if the person establishes that, at the time of the offence, the person was unaware that--

(a) the incapacity had increased or otherwise been aggravated; or
(b) the increase in, or other aggravation of, the incapacity was likely to adversely affect the person's ability to drive safely.


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