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 Queensland Community Safety 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 carries mandatory licence disqualification . The statutory minimum is 6 months, but courts impose significantly longer periods in practice. There are two critical facts that most people do not know until they are told: A work licence is not available after a dangerous operation conviction. Work licences are only available for drink driving offences under the…
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…