Under the Transport Operations (Road Use Management – Driver Licensing) Regulation 1999 a person’s Open driver’s licence is not automatically cancelled if they accumulate 12 or more demerit points in a 3 year period. The person will instead be issued with a “Notice to Choose” by Queensland Transport.
Similarly, holders of Learner’s permits or Provisional licences who accumulate 4 or more demerit points in a 1 year period will also receive a “Notice to Choose.
The “Notice to Choose” requires the person to choose between having their licence being suspended for a period of 3 to 5 months (depending on the number of demerit points accumulated) or agreeing to be of “good behaviour while driving for a year”.
To be of “good behaviour” while driving, a driver cannot accumulate more than one (1) demerit point during that year.
If the person does not complete the form and return them to Queensland Transport or notify Queensland Transport that they wish to agree to be of “good behaviour while driving” within the time specified on the notice, then their licence will be suspended.
If a person chooses to be of “good behaviour while driving” and then two (2) or more demerit points are accumulated during the year then the person will receive a notice that their licence is suspended for double the original suspension period they would have received .
The notice will also inform the person that they may appeal against the suspension.
If the person does not choose to be of “good behaviour while driving” then their licence will be suspended and there will be no appeal and no option to make an application for any sort of licence during the suspension period.
At the conclusion of the suspension period the person should attend at Queensland Transport and ensure that their licence is renewed.
If the person does choose to be of “good behaviour” and then accumulates two (2) or more demerit points during the year and their licence is suspended, they have the option of appealing to the Magistrates Court against the suspension.
The only grounds that they can appeal is that the suspension would cause extreme hardship to the person or the person’s family by depriving them of the means of earning a living.
The appeal must be filed with the Magistrates Court in the approved form and be served on Queensland Transport.
Once the appeal is served on Queensland Transport the suspension is stayed until the Court decides the appeal. This means once Queensland Transport is aware that the suspension is being appealed, the suspension is postponed and the person is able to drive until the Court decides the matter.
