Traffic Offences on the Tablelands
A traffic charge on the Tablelands carries the same penalties as a charge in Cairns — but losing your licence here is a different proposition. There are no buses between Atherton and Mareeba, no trains between Herberton and Ravenshoe, no practical way to get to work without a car. That is why so many traffic matters on the Tablelands involve someone who drove when they should not have — because they saw no other option. Your matter will be listed at either Atherton or Mareeba Magistrates Court depending on where the offence occurred. Sacha travels from Cairns to appear at both courts — same preparation, same fixed fee, no travel surcharge.
Driving While Disqualified
This is the most common serious traffic charge on the Tablelands — and the one most likely to result in imprisonment. If you drove while your licence was disqualified by a court order, you are in the most serious category under section 78 of the Transport Operations (Road Use Management) Act 1995 . Maximum penalty is 60 penalty units or 18 months' imprisonment. A mandatory further disqualification of two to five years applies on top of whatever disqualification was already running. On the Tablelands, this charge arises in a pattern that magistrates see regularly: someone lost their licence for drink driving, had no way to get to work, and drove anyway. The fact that it is understandable does not make it less serious — but the circumstances behind the decision to drive are relevant to sentencing, and Sacha puts them before the court. Other categories carry different mandatory periods: Disqualified by demerit points or excessive speeding (40 km/h or more over the limit). Maximum 40 penalty units or one year imprisonment. Mandatory further disqualification of six months, fixed by operation of law. SPER suspension. If your licence was suspended for unpaid fines and you drove during the suspension — maximum 40 penalty units or one year imprisonment. Mandatory disqualification of one to six months. Never held a licence. Maximum 40 penalty units or one year imprisonment. Mandatory disqualification of three months, fixed. Repeat unlicensed driver. If you have a prior conviction for driving without authority within five years, the mandatory disqualification increases to one to six months. In every category, the mandatory disqualification applies whether or not the court records a conviction. A no-conviction result keeps the offence off your criminal history — but you still lose your licence for the mandatory period. Sacha explains this distinction at the first consultation so you know what is and is not achievable.
Dangerous Operation
Dangerous operation of a vehicle under section 328A of the Criminal Code covers driving that is objectively dangerous — not merely careless or inattentive. The distinction between the two is often the entire case. Basic offence — maximum 200 penalty units or three years' imprisonment. Dealt with summarily in the Magistrates Court. Aggravated offence — maximum 400 penalty units or five years' imprisonment. The charge is aggravated if you were affected by alcohol or drugs, excessively speeding, racing, or have a prior conviction for the same offence. Causing death or grievous bodily harm — maximum 14 years' imprisonment, or 20 years if aggravated. Dealt with on indictment in the District Court. On the Tablelands, dangerous operation charges commonly involve the Gillies Highway, the Kennedy Highway, and rural roads with limited visibility. Where the facts as alleged do not support dangerous operation — where the driving was more accurately characterised as momentary inattention rather than a departure from the standard of a competent driver — Sacha negotiates with the prosecution to reduce the charge to careless driving under section 83 of the TORUM Act. That negotiation, when it succeeds, is the difference between a maximum of three years' imprisonment and a maximum of six months.
Special Hardship Orders
If your Queensland open licence has been suspended because you accumulated demerit points during a good driving behaviour period, or you were convicted of speeding 40 km/h or more over the limit, a Special Hardship Order may allow you to keep driving under restricted conditions. A Special Hardship Order is available if: Your suspension was for demerit points (good driving behaviour period) or excessive speeding (40 km/h+) The suspension would cause extreme hardship — by depriving you of your means of earning a living, or causing severe and unusual hardship A Special Hardship Order is NOT available if: Your licence was disqualified for drink driving — the equivalent there is a work licence (see the drink driving page ) You hold a learner, provisional, or non-Queensland licence Within the past five years, your licence was previously suspended, cancelled, or you were disqualified from driving Within the past five years, you were convicted of dangerous operation of a vehicle On the Tablelands, where farming, agricultural contracting, and trade work all depend on driving between remote locations, the extreme hardship test often carries significant weight. Sacha prepares every SHO application with the same rigour as a work licence — a properly drafted affidavit, employer evidence, and submissions that address the statutory criteria directly. The application is made to the Magistrates Court after the suspension has started. A copy of the application and all supporting material must be served on the Department of Transport and Main Roads at least seven days before the hearing. While driving under an SHO, a zero-demerit-point limit applies. Any further demerit points result in a suspension of double the original period. That is the price of the restricted authority — and it is non-negotiable.
Which Court Hears Your Matter
Atherton Magistrates Court — matters from Atherton, Yungaburra, Herberton, Ravenshoe, Malanda, Millaa Millaa, and the southern Tablelands. Mareeba Magistrates Court — matters from Mareeba, Kuranda, Dimbulah, Chillagoe, Mount Molloy, and the northern and western Tablelands. Both courts hear the full range of traffic offences — driving while disqualified, dangerous operation, careless driving, unlicensed driving, and SHO applications. Matters committed to a higher court are transferred to the Cairns District Court.
Frequently Asked Questions
Is there an extra fee because my matter is at Atherton or Mareeba?
No. Same fixed fee, no travel surcharge.
Will I go to jail for driving while disqualified?
It depends on the category of disqualification and your history. Driving while disqualified by a court order — with prior convictions for the same offence — puts imprisonment on the table. For lower categories like SPER suspension or never having held a licence, imprisonment is unlikely for a first offence when the matter is properly prepared. Sacha gives you an honest answer at the first consultation.
What is the difference between dangerous operation and careless driving?
Dangerous operation under section 328A of the Criminal Code carries up to three years' imprisonment. Careless driving under section 83 of the TORUM Act carries up to six months. The distinction turns on how far the driving departed from the standard of a competent driver. When a dangerous operation charge can be negotiated down to careless driving, it can be the difference between a prison sentence and a fine.
Can I get a Special Hardship Order for a drink driving disqualification?
No. SHOs are only available for demerit point suspensions and excessive speeding suspensions. For drink driving, the equivalent is a work licence under section 87 of the TORUM Act. See the Tablelands drink driving page .
I drove while my licence was suspended for unpaid fines — is that the same as driving while disqualified?
No. It is a separate, less serious category under section 78 of the TORUM Act. The mandatory disqualification is one to six months, and the maximum penalty is lower. But it is still a criminal offence — not just a fine.
Can I avoid a conviction being recorded?
The court has discretion not to record a conviction. However, the mandatory licence disqualification still applies regardless. A no-conviction result keeps the offence off your criminal history — but you still lose your licence for the mandatory period.