Dangerous Driving in Queensland — Charges, Penalties and Defences
Traffic Offences — 2026-07-15 — by Sacha Sarah Smith, Civic Law
Dangerous operation of a vehicle under section 328A of the Criminal Code is a criminal charge — not a traffic ticket. Penalties were increased in 2024. Here is what you are facing, what you lose, and where there is room to fight.
Dangerous operation of a vehicle is not a traffic offence. It is a criminal charge under section 328A of the <em>Criminal Code Act 1899</em> (Qld). A conviction means a <a href="/criminal-records-explained-queensland">criminal record</a> — not just a fine and demerit points. It means losing your licence. And depending on the circumstances, it can mean prison.
The charge covers everything from high-speed incidents on the highway to crashes where someone was hurt. The penalties were increased in 2024, and the most serious cases now carry up to 20 years. Here are the tiers, the penalties, and the realistic options.
Three Tiers — and They Are Not Close to Each Other
Section 328A has three main tiers. Which tier applies to your charge determines the maximum penalty, which court deals with your matter, and whether prison is on the table.
<strong>Tier 1 — base offence.</strong> You operated a vehicle dangerously. No one was seriously hurt. No aggravating circumstances. The maximum penalty is 200 penalty units or 3 years in prison. This is dealt with in the <a href="/cairns-magistrates-court">Magistrates Court</a>. For a first offence at this level, imprisonment is unlikely — but the criminal record and licence disqualification still apply.
<strong>Tier 2 — aggravated offence.</strong> The maximum jumps to 400 penalty units or 5 years in prison if any of these apply: you were affected by alcohol or drugs at the time, you were doing more than 40 km/h over the speed limit or racing, or you have a prior conviction for dangerous operation. This is still dealt with in the Magistrates Court unless you elect to go to the <a href="/cairns-district-court">District Court</a>.
<strong>Tier 3 — death or grievous bodily harm.</strong> If someone was killed or suffered serious injury, the maximum is 14 years in prison. If aggravating circumstances are present — intoxication, excessive speed, leaving the scene, or evading police — the maximum is 20 years. This tier is dealt with in the District Court. There is no option for the Magistrates Court.
There is also a specific provision — section 328A(1A) — for filming or posting your dangerous driving on social media. That carries a maximum of 5 years. This was introduced by the <em>Making Queensland Safer Act 2024</em> and targets people who record themselves doing it and put it online.
Your Licence — No Work Licence, No Special Hardship Order
A dangerous operation conviction almost always results in your licence being taken from you. The court has the power to disqualify under section 187 of the <em>Penalties and Sentences Act 1992</em>, and courts use it in virtually every case.
But here is the critical difference between this charge and <a href="/drink-driving-lawyer-cairns">drink driving</a>. After a drink driving conviction, you can apply for a <a href="/articles/work-licence-applications-queensland">work licence</a> that lets you drive for work during the disqualification period. After a dangerous operation conviction, you cannot. Work licences are only available for drink driving offences under the <em>Transport Operations (Road Use Management) Act 1995</em>.…
A <a href="/articles/special-hardship-order-queensland">special hardship order</a> is also not available. That only applies to demerit point suspensions and excessive speeding suspensions — not criminal driving convictions.
If you rely on your licence for work — and in Cairns and Far North Queensland, that covers most people — this consequence needs to be planned for from the moment you are charged. The disqualification period is not fixed by statute — the court decides how long at sentencing. That makes the sentencing preparation critical. The difference between a 6-month ban and a 2-year ban is the difference between keeping your job and losing it.
If you are charged with dangerous operation <em>and</em> a drink driving offence from the same incident, the licence bans stack. They run one after the other under section 90B — not at the same time. That can add years to your total time off the road.