A Queensland University of Technology (QUT) legal expert said the process by which drivers are advised that their licence is suspended needs a major overhaul.
QUT Law Faculty Visiting Fellow and practising lawyer, Alastair MacAdam, said every day people were caught driving while being unaware that their licence had been suspended.
"It comes as a complete shock to people," he said.
"While they may know that they've accumulated a number of demerit points, they don't often know how many or know the timeframe over which they were accumulated."
Drivers have a total of 12 points over a three-year period.
Mr MacAdam said people are advised that they have accumulated their 12 demerit points via a letter.
"This letter will give people the option of losing their licence for a three month period, or driving with one point for a twelve month period.
"A lot of people take the latter option, particularly if they need their motor vehicle for work purposes.
"The trouble is, these letters often go astray - people don't receive them, and if drivers are pulled over by police for any reason they then have to face the serious issue of driving without a licence.
"This can involve fines and mandatory periods of licence disqualification. In some cases people are sent to jail."
Mr MacAdam said Queensland Transport deemed that once a letter had been sent that it had been received.
"This is a nonsense," he said.
Mr MacAdam further said the Queensland Transport claim that if a notice is not returned to them by Australia Post, it must have been delivered.
"That is also a nonsense," he said. "To take one example, the notice may have been delivered to the wrong person who simply threw it in the bin.
"At the very least, notices informing people they've accumulated 12 demerit points and lost their licence should be sent by registered post.
"Their reply acknowledging whether they wish to take the option of driving with one demerit point for 12 months should also be acknowledged."
He said to make matters worse, if a driver's reply to the Queensland Transport notice went astray, then the reply was deemed by Queensland Transport to have not been sent and the driver is deemed to be driving without a licence.
"Motorists are the big losers in this situation, particularly those living in rural or remote areas where there are no mail deliveries to households."
Mr MacAdam said notices should either be sent via registered post or hand-delivered by police.
Mr MacAdam said while he could not comment specifically on the overnight dumping of Mr David Gibson as Police Minister for allegedly driving under a suspended licence, he had dealt with many ordinary Queenslanders who had been caught in similar situations on an ongoing basis.
Media contact: Rose Trapnell, QUT media officer, 07 3138 2361 or 0407 585 901 rose.trapnell@qut.edu.au
