What the law says
Section 6 of the Transport Operations (Road Use Management – Driver Licensing) Regulation Queensland states:
(9) … a holder who is authorised to learn to drive a vehicle under this section or section 35(10) or 37B(2) must not drive the vehicle on a road unless-
- (a) the holder is driving under the direction of a person who-
(i) holds an O type licence for the class of vehicle that the holder is driving; and
(ii) has held the licence for at least 1 year; and
- (b) if the vehicle is a vehicle with passenger seating capacity-the person sits next to the holder.
What the police must prove
In order for the Police to prove their case if you fight the matter at Court, they must prove each of the following matters beyond a reasonable doubt:
(1) Was the holder of a learners licence;
(2) Drove a motor vehicle; AND
(3) Failed to drive:
(a) Whist accompanied by a person holding an open licence for that type of vehicle; OR
(b) With their supervisor in the passenger seat next to the driver seat (if driving a passenger vehicle).
However it is unlikely that your matter will be heard in a court, rather you will be served with an infringement notice.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Maximum penalty – 20 penalty units.
Loss of Demerit Points – 1
Penalty unit = $100.00
Which court will hear the matter
If you decide to fight the infringement notice, you matter will be heard in the Magistrates Court.
Possible defences to this offence include but are not limited to
1. The accused did not drive a motor vehicle;
2. The accused was in fact a holder of a provisional, probationary or open licence for the vehicle he/she drove.
3. The accused was in fact accompanied by a person holding an open licence for that type of vehicle.
4. The accused was in fact driving with their supervisor in the front passenger seat.
5. Duress – example: there was a threat of harm against the accused or someone else that the accused reasonably believed would be carried out if he or she did not do the act that constituted the offence.
6. Necessity – example: there was an extraordinary emergency.
8. Identification i.e. the offence was not the accused.