Actions in Respect of Traffic Offences and Licenses

Nature of action Time Limit Period Legislation Provision
Proceedings for offences against a Transport Act. * For an offence against s 92(1) (Road Incidents) which involves injury or death to a person – within 5 years after the offence was committed.

·         If the proceeding is for an offence involving a heavy vehicle, a dangerous goods vehicle or the transport of dangerous goods (other than an offence that may begin as provided in the bullet point above) – within 2 years after the offence was committed; OR within 1 year after the offence comes to the complainant’s knowledge, but within 3 years after the offence was committed.

·         Proceedings for any other offence – must be started within 1 year after offence committed; OR within 6 months after offence comes to complainant’s knowledge but no more than 2 years after the offence was committed.

 s 123V Transport Operations (Road Use Management ) Act 1995 (Qld) A proceeding for an offence against a transport Act is a summary proceeding.

A statement in a complaint that the matter came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge (s 62(5)).
Application for s 79E order (restricted licence). Within 21 clear days after licence suspended. s 92 Transport Operations (Road Use Management – Driver Licensing) Regulation 2010 (Qld)

s 79E Transport Operations (Road Use Management) Act 1995 (Qld)

 Apply to a court in the district in which the relevant charge for the suspended licence was laid or the applicant resides.
Application for special hardship order (restricted licence). Application for the special hardship order must be made within 21 clear days after licence suspended.

Application for a restricted replacement licence (on the basis of a special hardship order) must be made within 14 days after the special hardship order is granted.

 s 107 Transport Operations (Road Use Management – Driver Licensing) Regulation 2010 (Qld)

s 114 Transport Operations (Road Use Management – Driver Licensing) Regulation 2010 (Qld) s 150(1A) Transport Operations (Road Use Management) Act 1995 (Qld) s 87(5B)(f) Transport Operations (Road Use Management) Act 1995 (Qld)