Queensland Consolidated Acts

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 78A

78A Permit to drive--recently expired driver licence

(1) This section applies if a police officer issues an infringement notice under the State Penalties Enforcement Act 1999 to a person with a recently expired licence for a contravention of section 78(1).

(2) The police officer may issue a permit authorising the person to drive to a stated place.

(3) The permit must--

(a) be in the approved form; and
(b) state the number of the infringement notice; and
(c) state the term, not longer than 24 hours, for which it is issued; and
(d) state the conditions, if any, on which it is issued.

(4) If the permit is issued on a condition, the permit is cancelled if the condition is contravened.

(5) To remove any doubt, it is declared that a police officer issuing a permit under subsection (2) does not contravene section 78(5).

(6) In this section--

recently expired licence, in relation to a person's contravention of section 78(1), means--

(a) a driver licence that has been expired for no more than 1 year before the contravention; or
(b) a non-Queensland driver licence if, within the 1 year before the contravention, the authority to drive on a Queensland road under the licence has been withdrawn, other than because--
(i) the person was granted a Queensland driver licence; or
(ii) the chief executive reasonably believed the person had a mental or physical incapacity that was likely to adversely affect the person's ability to drive safely.


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