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Traffic Law FAQs

Frequently asked questions regarding Queensland traffic law, drink driving penalties, work licences, and disputing traffic fines.

Important Legal Disclaimer

The information provided on this page is general legal information only and is not specific legal advice tailored to your individual circumstances. Laws change regularly and every situation is unique.

We strongly advise you to contact us to discuss your specific situation before proceeding with any action based on the information provided here.

Drink driving

Work licences in Queensland: who qualifies after a drink-drive charge?
A drink-drive charge in Queensland does not automatically cost you your livelihood. If you depend on driving to earn a living, the court can grant a restricted licence, better known as a work licence, allowing you to keep driving for work during part of your disqualification. The catch is that eligibility is narrow, the paperwork is demanding, and you effectively get one shot, on the day you are sentenced1. This guide explains who typically qualifies, who is ruled out, and what you need to prove if you want the court to keep you on the road.
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Drink Driving

Can I be charged with drink driving on private property in Queensland?
Many motorists believe they can only be charged with drink driving on public roads. Andrew Bell explains s 79(11) of Queensland’s traffic legislation, the ‘or elsewhere’ rule, and the narrow statutory defence.
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Driving Offences

Can I fight a speeding fine in QLD?
Yes, you have 28 days to elect to have a speeding infringement heard in the Magistrates Court if you believe the evidence was flawed or the camera miscalibra…
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Can medical marijuana patients drive in QLD?
No. The presence of THC in your saliva while driving is strictly illegal in Queensland, regardless of whether you hold a valid, doctor-prescribed medicinal c…
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Can police impound my car for speeding?
Yes. Queensland’s strict anti-hooning laws allow police to impound, immobilize, or even permanently confiscate vehicles involved in high-speed and reckless d…
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Do I need a lawyer for a traffic offence?
If you are facing an offence that carries a mandatory licence disqualification, substantial demerit points, or potential imprisonment, legal representation i…
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How do I apply for a Work Licence?
You must apply for a Section 87 Restricted Work Licence before you plead guilty to a drink or drug driving charge in the Magistrates Court.
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How long does a drink driving charge stay on my record?
A drink driving conviction results in a permanent entry on your Traffic History. In Queensland, it generally remains on your Criminal History for 10 years as…
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How many demerit points before I lose my licence?
Open licence holders face a suspension if they accumulate 12 or more points in 3 years. Learners and P-Platers face suspension at 4 or more points in 1 year.
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What are the laws for driving unregistered in QLD?
Driving an unregistered vehicle usually means you are also driving uninsured (without CTP). The fines are significant, but it generally does not attract a ma…
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What happens if I drive unlicensed?
The penalty for driving unlicensed depends heavily on why your licence was invalid. Driving while disqualified by a court order carries severe minimums and p…
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What is a Section 79E variation?
If your licence was immediately suspended by police prior to your court date (e.g., for high-range drink driving), a S79E order may allow you to continue dri…
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What is a Special Hardship Order?
A Special Hardship Order (SHO) is a restricted licence granted when a driver accumulates too many demerit points or commits a high-speed offence.
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What is strict liability in traffic law?
Strict liability means the police only have to prove that the offence occurred (e.g., speeding, drugs in saliva) to secure a conviction. They do not have to …
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What is the penalty for Dangerous Driving?
Dangerous driving is a criminal offence under the Criminal Code. A conviction carries maximum penalties ranging from 3 to 14 years imprisonment and permanent…
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What is the penalty for failing to remain at an accident?
Failing to stop and provide details after a crash carries fines and discretionary disqualification. If someone was injured or killed, maximum penalties leap …
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Will I lose my licence for Drug Driving?
Yes. A drug driving conviction carries a mandatory minimum licence disqualification. However, you may be eligible for a Restricted Work Licence in some circu…
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E-Bikes and Personal Mobility Devices

What are the new e-bike laws in Queensland for 2026?
Queensland is rolling out major e-bike reforms across 1 July and 31 August 2026, including footpath speed limits, random breath testing, compliance plates and new licensing rules. Here is exactly what changes, when, and what happens if you don’t comply.
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General Questions

How Do I Complain About Police Conduct After an RBT in Queensland?
A complaint about police conduct after a Queensland random breath test should be factual, prompt and supported by every available detail. Comply with lawful requirements during the stop, then document and challenge any alleged misconduct through the proper process. Record the incident As soon as it is safe, note: The date, time and exact location The police vehicle registration or call sign, if known The officer’s name, rank, station or physical description The reason given for the stop and how long it lasted The questions, directions and words used by each person Witness names and contact details Dashcam, phone, CCTV or other records Any infringement notice, test record or paperwork Preserve original files and avoid editing or publishing them before obtaining advice.
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Can Police Search Your Phone at a Traffic Stop in Queensland?
A mobile phone carries an enormous amount of personal information, from messages and photos to location history and financial apps, which is exactly why the legal threshold for police to access it during a roadside stop is higher than many drivers assume. The general rule Queensland Police do not have a general, automatic power to search or demand access to a driver’s mobile phone simply because a vehicle has been stopped. Accessing the contents of a phone typically requires a warrant or a specific statutory power that applies to the particular circumstances. Being asked a question is not the same as being legally obliged to comply with it, and a driver is entitled to ask whether a request to view or hand over a phone is a lawful direction.
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Do You Have to Answer Police Questions at a Traffic Stop in Queensland?
There is a real difference in Queensland law between the handful of details you must give police at a roadside stop and the broader conversation an officer might try to have with you. Confusing the two is one of the most common mistakes drivers make. Questions you are not required to answer Once you have provided your name, address and driver licence, and complied with any lawful direction such as a random breath test, you are not obliged to answer exploratory questions. Common examples include where you have been, where you are heading, who you were with, what you have had to drink, whether you have taken any medication, or why you were driving a particular way. Anything you volunteer beyond the required details can be used as evidence, including admissions that confirm speed, alcohol consumption, or fault that police may not otherwise have been able to prove.
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Do You Have to Carry Your Driver Licence in Queensland?
Drivers often assume they must carry a physical licence at all times, but Queensland’s rules are more flexible than that, particularly now that a digital licence app is available as an alternative. Open licences do not need to be carried If you hold an open Queensland driver licence with no special conditions, you are not required to carry it with you every time you drive. If you are asked for it and cannot produce it on the spot, police can require you to present it at a nominated police station within a set period rather than issuing an immediate penalty for simply not having it on you at that moment.
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What Are Your Rights During a Police Roadside Stop in Queensland?
Being signalled to stop by a marked police vehicle is stressful even for drivers who have done nothing wrong, and knowing the basic rules in advance makes the encounter far less fraught. Queensland law gives police defined powers to stop a vehicle, but it does not require a driver to explain themselves beyond a short list of details. When can police pull you over? Queensland Police can stop a vehicle for a range of lawful purposes, including checking compliance with transport law, verifying a driver’s licence, and conducting random breath or drug testing. A driver will often not know the specific reason for the stop when the lights first appear, which is why the safe response is always the same regardless of the reason: indicate, slow down, and pull over in a safe location as soon as practicable.
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What Are the Drink Driving Limits in Queensland?
Queensland sets different drink driving limits by licence type, and for many drivers the limit is zero. Knowing who must be 0.00 and how the alcohol bands work helps you understand the offence under s 79 and why drug driving is treated separately. This page expands the existing guidance with the full list of zero alcohol drivers, the general, middle and high bands for open licences and a pointer to drug driving.
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Licences

Demerit points in Queensland: suspensions and good behaviour bonds
Demerits rarely arrive all at once. A camera flash here, a phone glance there, and eighteen months later a letter from the Department of Transport lands announcing your licence has reached its ceiling. Understanding the arithmetic - and the choices it forces - makes that letter far less frightening12. The counting system Every conviction or camera infringement for certain offences carries a demerit3 value, logged against your licence record. Points accumulate across a rolling three-year window:
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Police Powers

Can police search my car in Queensland?
Queensland Police can search a car with your consent, with a warrant, or without a warrant where they reasonably suspect a prescribed circumstance. Saying no matters.
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What happens if I ask police 'Is that a lawful direction?'
Asking a Queensland police officer whether a request is a lawful direction clarifies whether you must comply. If they say yes, comply, and challenge it later if needed.
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Road rules

Mobile phone rules while driving: fines, demerits and grey areas
Queensland runs some of Australia’s strictest mobile phone enforcement, backed by cameras that detect touching rather than just holding. The headline numbers tell the story: a fine comfortably over $1,000 plus four demerit1 points for a basic offence, doubled for repeat behaviour under the state’s year-round double demerit regime. Understanding precisely where the lines fall saves both money and licences23. The core rule: no touching Under Queensland road rules, a fully licensed driver may use a phone only in limited ways:
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Vehicle offences

Hooning laws in Queensland: impounding, immobilising and forfeiture
Hooning in Queensland costs far more than a fine. Alongside the court penalties attached to offences like racing and evading police, the state runs a vehicle sanctions scheme that lets police take the car itself, first temporarily and, for repeat offenders, forever. If you or your child has been charged, understanding how the ladder works matters almost as much as the charge itself1. What actually counts as hooning Queensland’s traffic legislation, principally the Transport Operations2 (Road Use Management) Act 1995, captures a family of driving-related offences that get grouped under the hooning banner:
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