What the law says
Section 20 of the Motor Vehicle Accident Insurance Act Queensland states:
- A person must not drive an uninsured motor vehicle on a road or in a public place.
- A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place.
Note that if you vehicle is uninsured it is also unregistered, for information of the consequences for having an unregistered vehicle click here.
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:
- The accused drove a vehicle or allowed another person to drive a vehicle; AND
- That vehicle was used on road or a public space; AND
- That vehicle was uninsured.
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.
The maximum penalty is 80 penalty units.
- Penalty Unit = $100.00
Which court will hear the matter
This matter is an infringement of a regulation rather than an offence and will not be heard in court unless you choose to appeal the matter or you fail to pay the fine, in which case the matter will be heard in the Magistrates Court.
Possible defences to this offence include but are not limited to
- The defendant did not drive the vehicle
- The defendant drove the vehicle but not on a road or public place
- Necessity i.e. there was an extraordinary emergency
- Identification i.e. not the accused
- The vehicle was insured
- The defendant had reasonable grounds to believe that the vehicle was insured.