If you’ve lost your driver licence, a work licence (formally known as a restricted licence), may allow you to keep driving for employment. Here is how to apply for a restricted licence.
Before your court hearing, you’ll need to complete an Application for a Restricted Licence, an affidavit completed by you, and an affidavit completed by your employer. Together, these form your work licence application.
You must file your restricted licence application and affidavits with the Court and give a copy to Police Prosecutions at least two days before the hearing. At your sentencing hearing, the Magistrate will disqualify you from holding or obtaining a driver licence and then decide whether to grant you a work licence.
A restricted licence (or work licence) allows you to drive to and from work via the most direct route and to undertake any driving directly connected with your employment. The Court can also attach conditions to your work licence, such as the class of vehicle you may drive, whether you may carry passengers, and the hours during which you may drive.
To be successful in your application for a restricted licence, you must demonstrate to the Court that you:
- are a fit and proper person to continue driving under a restricted licence, having regard to the safety of other road users and the public generally; and
- need a driver licence to earn your living and would experience extreme hardship, or your family would experience extreme hardship, if the Court refused to make an order for a work licence.
There are strict eligibility requirements that you must meet before you can apply for a work licence. To find out whether you’re eligible for a restricted licence, speak with one of our accredited specialist criminal lawyers today.
How to Apply for a Special Hardship Licence
A special hardship licence is a different order from a restricted licence. Like a work licence, it is designed for people who cannot afford to lose their licence because of work and family commitments, but it applies when your licence is suspended rather than at a sentencing hearing.
- To apply for a special hardship licence, you need to complete a special hardship order application and a supporting affidavit about your circumstances. You may also file an affidavit from your employer, a family member, or a treating professional.
- Lodge the application, supporting evidence, and your ‘Notice of driver licence suspension’ with the Magistrates Court in the district where you live on the morning your suspension starts. There is a filing fee of $134.10.
- Once the documents have been accepted and stamped by the Court, give a copy of the application and affidavit to the Department of Transport and Main Roads at least seven days before the court hearing date (specialhardshiporder@tmr.qld.gov.au).
- Your licence suspension will be lifted until the day before the court hearing.
- To be successful in your application, you must demonstrate to the Court that refusing to grant you a special hardship order would cause either:
- extreme hardship to you or your family by depriving you of your means of earning a living (the same concern behind a work licence or restricted licence); or
- severe and unusual hardship to you or your family for other reasons, such as transporting a family member to medical appointments.
There are strict eligibility requirements that you must meet before you can apply for a special hardship order. If a restricted licence or work licence may be a better fit for your situation, we can advise you on which option suits you. To find out whether you’re eligible, speak with one of our accredited specialist criminal lawyers today.
Compiled by Tom Gardiner | Principal
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