Dangerous Operation
Lawyer Cairns
Dangerous operation of a vehicle is one of the most serious driving offences in Queensland. It is not a traffic offence — it is a criminal charge under section 328A of the Criminal Code Act 1899 , and a conviction results in a criminal record, mandatory licence disqualification, and — for causing-death and GBH matters — the real prospect of imprisonment. In August 2024, the Making Queensland Safer Act 2024 materially increased the maximum penalties. Where the offence caused death or grievous bodily harm, the maximum was raised from 10 years to 14 years. Where aggravating circumstances were…
The Offence — Section 328A, Criminal Code
Dangerous operation is governed by section 328A of the Criminal Code Act 1899 (Qld) . The offence has multiple tiers with increasing maximum penalties: Tier 1 — Base offence (s 328A(1)) Operating a vehicle dangerously in any place Maximum penalty: 200 penalty units or 3 years' imprisonment Classification: misdemeanour — dealt with in the Magistrates Court Tier 1A — Social media advertising (s…
The Legal Threshold — What 'Dangerous' Means
Not every bad driving decision is dangerous operation. The legal test is objective — whether a competent and careful driver would have appreciated the risk and driven differently in the circumstances. The standard requires a serious breach of the proper conduct of a driver , not merely careless or inattentive driving. The court assesses dangerousness by looking at: The nature, condition, and use…
No Work Licence. No Special Hardship Order.
Every dangerous operation conviction in practice results in licence disqualification . The court has the power to disqualify under s 187 of the Penalties and Sentences Act 1992 , and courts exercise this power in virtually every case. The minimum period typically imposed is 6 months, with significantly longer periods for aggravated and causing-death matters. There are two critical facts that most…
Common Scenarios in Cairns
Dangerous operation charges in the Cairns courts typically arise from: High-speed driving Driving at excessive speed on Far North Queensland roads — including the Bruce Highway, the Captain Cook Highway, and roads in and around Cairns. Where the speed is more than 40 km/h over the limit, the aggravated tier applies. But even lower speeds may constitute dangerous operation if the road conditions,…
What Changes the Outcome
Whether the conduct actually constitutes dangerous operation. The objective test requires a serious breach of proper road conduct. Where the driving falls below that threshold — careless rather than dangerous — the charge should be contested or a reduction negotiated. Whether the aggravating circumstance is properly established. Intoxication, excessive speed, and prior convictions must each be…
Related Charges
Dangerous operation is often charged alongside other offences: Drink driving — where the driver was intoxicated. The drink driving charge and dangerous operation charge carry separate disqualification periods that run cumulatively. Drug driving — where the driver had a relevant drug in their system. Evade police (s 754 PPRA) — where the dangerous driving occurred during a police pursuit. The…