Work licence applications
In Queensland, traffic offences and infringements are usually penalised with driver licence disqualifications and suspensions.
In certain cases, you may be eligible to apply for a work licence or a special hardship order.
These orders allow you to continue driving for work and/or other limited purposes during the disqualification or suspension period.
You must apply to the court to be granted a restricted work licence or special hardship order.
If the Magistrate grants the application, they may impose conditions on your licence for the period of the order.
These conditions may include restrictions on passengers you may carry or days and times you’re allowed to drive.
A work licence won’t automatically be granted simply because you need to drive for work.
Very strict time limits apply to special hardship orders. Seek legal advice as soon as possible to ensure your rights are protected.
How does this work?
- We’ll meet with you and advise whether you’re eligible to apply for a work licence or special hardship order.
- We’ll advise you of the steps to improve your chances of being granted a work licence.
- We’ll draft all court documents and liaise with the prosecution and Queensland Transport to ensure your matter is presented in the best possible way.
- We’ll appear in court to argue your case before the Magistrate.
Restricted work licence
You may be eligible for a restricted work licence if you are charged with a low-range or mid-range drink driving offence, driving with a relevant drug present or failing to provide a sample of breath at roadside.
This allows you to drive for work purposes only.
To apply for a restricted work licence, you must meet strict eligibility criteria.
Among other things, you must:
- plead guilty to the charge
- have held a current Queensland driver licence for the vehicle you were driving at the time of the offence
- have had a blood alcohol concentration of less than 0.15 at the time of the offence
- have no previous driver licence disqualifications or suspensions in the past five years
- not have been driving for work purposes at the time of the offence.
The application for a restricted work licence must be made in the Magistrates Court.
The Court will only grant you a work licence if, among other things:
- you need your licence in the course of your employment, including driving to and from work
- you are a ‘fit and proper’ person to hold a work licence—as determined by your traffic history and your impact on the community’s safety
- the court is satisfied that failure to grant the licence would cause you ‘severe financial hardship’ by stopping you from earning a living. This is generally interpreted to mean you’ll lose your job if you’re unable to continue driving for work purposes.
Special hardship orders
You may be eligible to apply for a special hardship order if you’ve breached a one-year good driving behaviour period or you’re convicted of a high-speed offence (i.e. 40+ km/h over the speed limit).
Among other things, you must not have any previous driver licence disqualifications or suspensions in the past five years.
The Magistrate will only grant you a special hardship order if, among other things:
- you need your licence in the course of your employment, including driving to and from work or for another ‘hardship’ reason, such as performing carer’s duties
- you are a ‘fit and proper’ person to hold a work licence—as determined by your traffic history and your impact on the community’s safety
- the court is satisfied that failure to grant the licence would cause you ‘severe financial hardship’ by stopping you from earning a living. This is generally interpreted to mean you’ll lose your job if you’re unable to continue driving for work purposes.
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