Does disqualification of your road vehicle licence mean you lose your boat licence?

Your road vehicle licence may be disqualified for a number of reasons including; if you drive without a valid licence or due to a suspension from demerit points, excess speeding, driving with a blood alcohol concentration, driving whilst under the influence of drugs, driving whilst medically unfit to operate a vehicle or failing to provide a breath specimen when requested, among others.

Marine Licences – Boat Licences

In Queensland if you receive a disqualification for a road vehicle your marine/boat licence will not be automatically disqualified as it is a separate licence. However, your marine licence will be cancelled if a court disqualifies you for a conviction under the Transport Operations (Marine Safety) Act 1994 for infringing any of the following:

1. General safety obligation of ship owners and masters about condition of ships: s 41.
2. General obligations on persons involved with operation of ship to operate it safely: s 43
3. Safety equipment obligation: s 44
4. Contravention of registration obligations: s57
5. Operation of ship as master etc. without required licence: s 61
6. Unlawful interference with ship: s 186
7. Offence of operating ship other than under a restricted licence: s 202J
8. Non compliance with the collision regulations: s 211.

As with a road vehicle, a court may also disqualify your licence if you are in control of a ship/boat whilst:

1. Driving and so on whilst under influence of liquor or drugs or with prescribed concentration of alcohol in blood or breath: s 79 Transport Operations (Road Use Management) Act 1995 (Qld) (TORUM).
2. Provisions with respect to breath tests and laboratory tests (fail to supply specimen of breath for a specimen test): s 80 TORUM.
3. Dangerous operation of a vehicle: s 328A Criminal Code (Qld).

If your marine licence is cancelled then all your marine licences held will be cancelled including commercial, recreational, pilot and engineering licences. If you do not agree with a disqualification order you can appeal against the disqualification. Once an appeal is made, the disqualification is suspended and your marine licence is reinstated pending the outcome of the appeal.

Office Location and Contact Details

Sunshine Coast

Maroochydore
Aitken Whyte Lawyers
11/8 Pikki Street,
Maroochydore Qld 4558
Ph: +617 5408 0655
Fax: +617 3211 9311
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