Drink driving is a serious offence in Queensland, governed by the Transport Operations (Road Use Management) Act 1995 (TORUM). The legislation aims to ensure road safety by penalising individuals who operate vehicles while under the influence of alcohol or drugs. While most people associate drink driving offences with motor vehicles, the law also applies to trams, trains, vessels, golf buggies and non-motor vehicles such as bicycles and electric scooters.
Key Provisions of the Transport Operations (Road Use Management) Act 1995
Under section 79(1) of TORUM, it is an offence for any person to drive, attempt to put in motion, or be in charge of a motor vehicle, tram, train, or vessel while under the influence of liquor or a drug. The maximum penalty for this offence is 28 penalty units or nine months imprisonment. The term motor vehicle means a vehicle propelled by a motor that forms part of the vehicle and includes a trailer attached to the vehicle but does not include a low powered toy scooter, a motorised mobility device, a personal mobility device or a power assisted bicycle.
Section 79(7) of TORUM extends the scope of drink driving laws to non-motor vehicles. It provides that any person who drives or is in charge of a vehicle (other than a motor vehicle) on a road, or attempts to put such a vehicle in motion, while under the influence of liquor or a drug, is guilty of an offence. The maximum penalty for this offence is 40 penalty units or nine months imprisonment. The term “vehicle” is broadly defined to include any type of transport that moves on wheels and a hovercraft but does not include a train or tram.
The Case of Everston v Queensland Police Service QDC 121
The case of Everston v Queensland Police Service QDC 121 highlights the application of drink driving laws to non-motor vehicles. In this case, the appellant, Mr Paul Francis Everston, was convicted of riding a bicycle while under the influence of alcohol and failing to provide a breath specimen for analysis. He was sentenced to probation and disqualified from holding or obtaining a driver’s licence for nine months.
On appeal, the District Court of Queensland found that the Magistrates Court had erred in ordering the licence disqualification. The court held that the power to disqualify a person from holding or obtaining a driver’s licence under section 86(1) of TORUM applies only to offences involving motor vehicles. It does not extend to offences involving non-motor vehicles under section 79(7). The court emphasised that the legislature had intentionally excluded non-motor vehicles from the scope of section 86(1), as evidenced by the specific wording of the provision.
Implications for Non-Motor Vehicle Offences
The decision in Everston clarifies that while individuals can be penalised for drink driving offences involving non-motor vehicles, such penalties do not include automatic licence disqualification. This distinction underscores the importance of understanding the specific provisions of TORUM and their application to different types of vehicles.
For example, if a person is found riding an electric scooter while under the influence of alcohol, they may face fines or imprisonment under section 79(7), but their driver’s licence cannot be disqualified unless the offence involves a motor vehicle.
Conclusion
Drink driving laws in Queensland are comprehensive and apply to a wide range of vehicles, including bicycles, golf buggies, and electric scooters. The case of Everston v Queensland Police Service QDC 121 serves as a reminder of the nuanced application of these laws, particularly the distinction between motor and non-motor vehicles. Understanding these distinctions is crucial for ensuring compliance with the law and avoiding unnecessary penalties.
