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Special Hardship Order – Traffic law – QLD

17 July 2019 by By Lawyers

Following recent amendments, Queensland drivers who are subject to a Special Hardship Order can no longer accumulate any demerit points. If they do, their licence will be suspended for double their original suspension period.

A Special Hardship Order is available under the Transport Operations (Road Use Management–Driver Licensing) Regulation 2010. An application can be made by a driver whose licence has been suspended. The driver must present the court with affidavit evidence that they meet certain criteria and establishing hardship as a result of the licence suspension. If the order is granted the driver will be able to resume driving but will be subject to the conditions of the order for a period equating to the original suspension period.

Breaching the conditions of a Special Hardship Order attracts a fine of 20 penalty units and automatic disqualification for the remainder of the original suspension period, plus 3 months.

Effective from 1 July 2019, drivers who are subject to a Special Hardship Order will also be unable to accumulate any demerit points.

See the By Lawyers Traffic Law guide for more information.

Filed Under: Criminal Law, Queensland, Traffic Offences Tagged With: criminal law, QLD, Queensland Magistrates Court, traffic offences, Traffic offences penalties

Traffic offence penalties – NSW

4 June 2019 by By Lawyers

Traffic offence penalties in NSW have changed. The By Lawyers Traffic Offences – Local Court NSW Guide has been updated in relation to recent penalty increases for various drug and alcohol offences. This applies to the commentary for alcohol and drug offences, the appendix of penalties and the retainer instructions.

The appendix to the Traffic Offences NSW commentary ‘Traffic offences and penalties – Drugs and alcohol‘ is a very handy resource that provides a summary of current key information relevant to sentencing for specific common offences, with links to applicable sections of the Act and any relevant programs.

The ‘Retainer Instructions – Traffic offences‘ precedent, also found in the Traffic Offences Guide, contains an ‘Offences and Penalties’ table which sets out the current fine, any applicable custodial penalties and the disqualification periods for most common alcohol, speeding and vehicle use offences. These useful details are readily available when needed – at the point of taking instructions from the client, who will want to know the applicable traffic offence penalties immediately.

All By Lawyers Guides contain practical and up to date commentary and precedents designed to help practitioners work faster and smarter. A team of over 45 legal professionals keep our content updated to reflect legislative changes, so our users can be confident that they’re working with the latest forms, precedents and commentary.

Filed Under: Criminal Law, New South Wales, Publication Updates Tagged With: By Lawyers, demerit points, Road Transport Act 2013, Traffic offences penalties

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