What the law says
Section 87 of the Transport Operations (Road Use Management) Act Queensland states:
(10) Any person who, being the holder of a restricted licence issued pursuant to an order made under this section, drives a motor vehicle otherwise than in accordance with the restrictions to which the licence is subject as a consequence of that order or an order under section 88 commits an offence and is liable to a penalty not exceeding 20 penalty units.
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:
(1) Was the holder of a work licence, granted upon an application made under section 87 of the Transport Operations (Road Use Management) Act, at the time of the alleged offence; AND
(2) Drove a motor vehicle; AND
(3) Was driving outside the conditions of that work licence.
Maximum Penalty – 20 Penalty Units
Restricted Work Licence Cancellation – if you still hold the work licence at the time of conviction for the breach of the work licence conditions, your work licence will be cancelled upon conviction.
Licence Disqualification – you will be disqualified for a period of 3 months on top of your disqualification for the original offence that compelled you to apply for a work licence.
Penalty Unit = $100.00.
Which court will hear the matter
Under section 3(5) of the Criminal Code Act Queensland this offence is classed a simple offence and therefore may be heard in the Magistrates Court pursuant to section 19 of the Justices Act Queensland.
1. The accused was in fact the holder of an unrestricted probationary, provisional or open licence;
2. The accused was not driving a motor vehicle.
3. The accused was not driving a motor vehicle outside the conditions of his or her work licence.
4. 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.
5. Necessity – example: there was an extraordinary emergency.
7. Involuntary Intoxication.
8. Identification i.e. the offence was not the accused.