Demerit points – Driving Law

How to Check Your Demerit Points in Queensland

Steven Brough — Wed, 24 Jan 2024 10:18:00 +0000

Introduction:

Demerit points are a crucial aspect of the driving experience in Queensland, serving as a means to regulate and monitor traffic offences. It is essential for drivers to stay informed about their demerit points to ensure they maintain a clean driving record.

Fortunately, Queensland provides an accessible method for individuals to check their demerit points and stay on top of their driving status.

Checking Demerit Points in Queensland:

Online Services:

The most convenient way to check your demerit points in Queensland is through the official Queensland Government website. The Department of Transport and Main Roads (TMR) offers an online service called “Demerit Points Check” on their website.

Accessing the TMR Website:

Visit the official TMR website (https://www.tmr.qld.gov.au/ ).
Navigate to the “Licensing” section, where you will find the “Demerit Points” option.

Online Demerit Points Check:

- Click on the “Licence Demerit Points” option, and you will be directed to the Demerit Points Check service.
- You then have the option to log into the system using either;
  - TMR using your licence number & DOB; or
  - QGov

- - Follow the prompts and provide any additional information as required to verify your identity.

Check Demerit Points Status:

Once you have completed the necessary steps, the online service will display your current demerit points status.
You will be able to see the number of demerit points you have incurred and whether any demerit points are pending.
In addition you can see the class of licences you hold and whether your drivers licence is current or not.

Additional Information:

It’s advisable to check your demerit points regularly to stay informed about your driving record.

Contacting TMR:

- If you encounter any issues or prefer to check your demerit points through alternative means, you can contact the TMR directly for assistance.

Conclusion:

Staying informed about your demerit points is crucial for responsible driving in Queensland. The online Demerit Points Check service provided by the Department of Transport and Main Roads offers a user-friendly and efficient way for drivers to monitor their demerit points status. By regularly checking your demerit points, you can take proactive steps to ensure you understand how many demerit points you have and if your licence is current so you can avoid offences like unlicensed driving or disqualified driving.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our Traffic law services page.

What to do if You Receive a Notice to Choose

Steven Brough — Tue, 19 Dec 2023 12:08:00 +0000

Drivers in Queensland who exceed their demerit point limit will be sent a notice to choose. It is critical that you understand the consequence of the choices set down in that notice to choose.

Demerit Points: The Basics

In Queensland, accumulating demerit points is not about losing points but rather starting with zero and adding points for specific traffic offenses. The demerit point system aims to promote responsible driving behaviour and ensure road safety.

What is a Notice to Choose?

If you accrue 12 or more demerit points within a three-year period on your Queensland open licence, or 4 or more on a provisional licence you will receive an ‘Accumulation of demerit points – notice to choose’ from Qld Transport and Main Roads (“TMR”).

This notice to choose presents you with two options:

License Suspension: You can opt to have your open licence suspended for a requisite period.
Good Driving Behaviour Period: Alternatively, you can agree to continue driving under a period of good driving behaviour for one year.

What is a Good Driving Behaviour Period?

It is in essence a 2nd chance. Even when you have gone through your demerit points the government has allowed you to elect a one year period where you can drive as you have but with an important restriction being that you only have 1 demerit point for that year.

Why Choose a Good Driving Behaviour Period?

If you find yourself nearing the demerit point limit, opting for a good driving behaviour period allows you to keep your license. It’s a second chance to rectify your driving habits. Its critical to understand however if you accrue 2 or more demerit points on a good driving behaviour period then your licence will be suspended.

Why not Choose a Good Driving Behaviour Period?

Generally people choose not to elect a good driving behaviour period as they don’t think they can drive for 12 months without incurring more demerit points and would rather serve a shorter suspension now and “get back” their full demerit points now.

What if I Don’t Make the Choice by the Due Date?

Failure to choose between suspension and a good driving behaviour period by the specified date results in automatic license suspension. The duration of the suspension depends on the incurred demerit points.

12–15 points: 3 months
16–19 points: 4 months
20 or more points: 5 months (for open license holders)

How do I Elect a Good Driving Behaviour Period?

To choose the good driving behaviour period (or suspension) , wait for the “Accumulation of demerit points – notice to choose” from TMR

completing Form F4012 at a TMR office or
online

Duration of the Good Driving Behaviour Period

The good driving behaviour period lasts for 12 months, during which you’re allowed only 1 demerit point. Exceeding this limit results in generally a 6-month license suspension but can be longer if you incurred a lot of demerit points on your good driving behaviour period.

I Went Over my Demerit Points on a Good Driving Behaviour Period!

If you breach your good driving behaviour period but need to continue to drive, a special hardship order might be an option.

A special hardship licence allows you to drive for certain reasons specified by the court during your licence suspension.

Eligibility criteria include not having your licence suspended or disqualified in the last 5 years and demonstrating severe and unusual hardship, such as loss of income.

Restrictions may include driving only for work-related activities or personal reasons allowed by the court
The court may impose additional conditions, like maintaining a logbook.

An application for a special hardship order must be made in the closet Magistrates Court to where you live.

We have a full guide to special hardship orders that you should read as it goes into all the details you need to know about special hardship orders.

Frequently Asked Questions

What if I don’t make a choice?

Failure to choose by the specified date leads to automatic license suspension.

What if I haven’t received the notice to choose?

Contact TMR immediately to avoid unintended suspension.

Can I change my choice later?

Contact TMR promptly if there’s a valid reason for not receiving the notice but likely there is nothing you can do.

Where is my closet TMR office?

You can find your closet TMR office by clicking here.

Can you help us with Demerit Points?

No, we cannot give advice or help in regards to demerit points. This guide was just to help drivers better understand the consequences of receiving a notice to choose.

If however you exceed 1 demerit point on a good driving behaviour period we can assist you in applying for a special hardship order if you qualify.

We have a range of articles on Special Hardship Orders on our blog. Some of the most recent have included:

What happens in court when applying for a special hardship order?

Guide to Demerit Points in Queensland

Essential Guide to Special Hardship Licences

Time Limit Change for Special Hardship Orders

Special Hardship Orders v Work Licences

Driving children under a Special Hardship Licence

Special Hardship Application Time Frames

Good Driving Behaviour Period

Understanding Good Driving Behaviour Periods in Queensland

Steven Brough — Wed, 20 Sep 2023 07:02:00 +0000

Good Driving Behaviour Period

As part of the process of encouraging drivers in Queensland to drive in safe manner the Queensland government limits a driver from incurring more than 12 demerit points within 3 years (4 for provisional licence holders). If a driver exceeds their demerit point limit then they will be given a choice in a letter from TMR called a notice to choose – take a suspension for a certain amount of time (usually 3 months) or go on a good driving behaviour period.

In this article we will look closely at what a good driving behaviour period is, how to choose it and what happens if you breach it?

What is a good driving behaviour period?

In essence a good driving behaviour period is a second chance when you have exceeded your demerit points. It gives you a chance to keep your licence and keep driving.

Lets look at an example.

Jason is an open licence holder. He has incurred 11 demerit points over a 2 year period. Jason is driving to work and doesn’t realise he is driving 12 km/h over the posted speed limit. He is caught by a speed camera and sent an infringement notice. As a result he has incurred 3 more demerit points taking him to 15 demerit points within 3 years. Jason will be given a choice, have his licence suspended for 3 months or elect to go on a good driving behaviour period for 12 months.

Why would I need to elect a good driving behaviour period?

You will need to consider whether to elect a good driving behaviour if you exceed your demerit point limit.

What are the demerit point limits?

For provisional licence holders or people driving on an international licence the limit is 4 points.

For open licence holders the limit is 12 demerit points.

What happens If I don’t choose to go on a good driving behaviour period?

If you don’t elect to go on a good driving behaviour then you will have your licence suspended for a period of time.

The length of the suspension depends on how many demerit points you incurred. The suspension periods for open licence holders are:

12–15 demerit points = 3 month suspension
16–19 demerit points = 4 month suspension
20 or more demerit points 5 month suspension

For provisional licence holders and international drivers the suspension period = 3 months.

If you don’t nominate an option by the choice date, your licence will automatically be suspended starting the day after the choice date.

How do I elect a good driving behaviour period?

To elect a good driving period you need to wait until you received a document from Qld Transport and Main Roads (TMR) called a “Accumulation of demerit points – notice to choose”.

Once you have received the notice to choose it will give you a date (called the choice date) that you must make a decision between the good driving behaviour period or suspension of your licence.

To make the choice you can either:

Complete the form F4012 – Driver Licence Enforcement Option Nomination and then attend any TMR office and file the form before the choice date.
Make the election online. You can make the choice on the TMR website by clicking here.

How long does the good driving behaviour period last?

The good driving behaviour period lasts for 12 months.

How many points do I have under the good driving behaviour period?

You only have 1 demerit point. If you incur 2 or more demerit points you breach the good driving behaviour period.

What happens if I breach my good driving behaviour period?

If you breach your good driving behaviour period by incurring 2 or more demerit points then your licence will be suspended for 6 months (it can be longer depending on how many demerit points you incurred on the good driving behaviour period).

If you do breach your good driving behaviour period then you might be eligible to apply for a special hardship order.

What is a special hardship order?

If you find yourself in a situation where you’ve breached your good driving behaviour period but still need to drive, there’s hope. You may be eligible to apply for a special hardship licence, also known as a hardship licence or special hardship order. This licence grants you permission to drive for specific reasons despite the suspension of your regular licence.

A special hardship licence comes into play if you’re currently on a 12-month good driving behaviour period and you commit another traffic offence or are caught exceeding the speed limit by more than 40 km/h.

However, there are certain criteria you must meet to be eligible for a Special Hardship Order (“SHO”). You cannot apply if, within the last five years prior to your application:

You have previously applied for a SHO,
Your Queensland driver licence has been suspended, disqualified, or cancelled, or
You have obtained a work licence.

To convince the court that losing your licence would cause severe and unusual hardship to you or your family, you must demonstrate that it would deprive you of a means of earning income or create another critical issue. Moreover, your traffic history will be taken into account, and you must demonstrate that you are a fit and proper person to be entrusted with this privilege.

The application for a special hardship licence is heard in the Magistrates Court nearest to your residence and requires extensive affidavits from both yourself and, if employed, your employer.

Should you be successful in obtaining a SHO, your licence may come with restrictions, including:

Driving to and from work using the shortest route available,
Driving for purposes directly linked to your income-earning activities, and
Driving for any special hardship grounds granted by the court (e.g., transporting a family member for chemotherapy treatment). It’s crucial to understand that the court must be convinced that not allowing you to drive for the specific reason sought would result in severe and unusual hardship.

It’s worth noting that the court may impose additional conditions on your licence, such as:

Requiring you to maintain a driving diary,
Setting limitations on when or how long you can drive,
Specifying who you’re allowed to carry in the vehicle, and
Restricting the class or type of vehicles you may operate.

Throughout the period of the SHO, you can only drive within the parameters outlined above. It’s crucial to understand that you don’t possess a full licence during this time. Typically, the SHO is valid for the duration of your licence suspension, which is usually six months.

A critical aspect of a special hardship licence is that you’ll receive zero demerit points. This means that even if you accumulate a single demerit point, your licence will be suspended for 12 months. Be mindful of this important detail as you navigate this process.

FAQ’s

I didn’t make a choice under the notice to choose

If you don’t make a choice by the date in the notice to choose that TMR have sent you then your licence is automatically suspended as if you chose the licence suspension rather than the good driving behaviour period.

I haven’t received the notice to choose

Contact TMR urgently as if you go past your due date to make a choice then your licence will be suspended.

It might be you haven’t updated TMR with your new postal address and they have sent the notice to choose to an old address.

I tried to elect the good driving behaviour period but TMR says its too late

If there is a reason you didn’t get the notice to choose then ring TMR urgently. Do not drive until unless TMR allows you to choose the good driving behaviour period.

How long does it take for demerit points to reset Qld?

Demerit points remain on your record for 3 years.

I really need to drive but I chose a suspension and not a good driving behaviour period

There is nothing you can do now. You can try contacting TMR but that’s not likely to change anything.

When does the suspension period start?

The suspension date starts as soon as you choose a suspension rather than electing a good driving behaviour period. If you make no choice then the suspension will automatically start the day after the date for the choice expires.

How do I find my choice date?

It will be in the letter from TMR called the “Accumulation of demerit points – notice to choose”.

Summary

The Queensland government limits drivers to 12 demerit points in 3 years (4 for provisional license holders) to promote safe driving
Exceeding this limit gives two options: 3-month suspension or a 12-month good driving behaviour period
If you don’t choose, your licence is automatically suspended
The good driving behaviour period lasts for 12 months with only 1 demerit point allowed
If you incur more than 1 demerit points on your good driving behaviour period you might be able to apply for a special hardship licence to keep driving

How do I get more help or engage you to act for me?

We cannot answer questions about specific demerit point offences nor about challenging a fine or infringement notice but can provide advice to people needing to apply for a special hardship licence because they have exceeded their demerit points or driven more than 40 km/h over the speed limit.

We have been operating since 2010 and undertaken over 1,000 successful special hardship licence applications throughout South East Queensland.

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Email steven@claritylaw.com.au
Click here to select a time for us to call you back
Visit our main website page

We cover all courts in South East Queensland from the Gold Coast to Brisbane and up to Hervey Bay and out to Toowoomba. We have 7 offices in South East Queensland to assist people. We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about special hardships. You will not be chased or hounded to engage us. Remember its critical you get advice before going to court, failing to get a special hardship licence or one that is too restrictive will have an impact on you, your family and your employment or business.

Need more information?

We have a range of articles on Special Hardship Orders and other traffic offences on our blog. Some of the most recent have included:

What happens in court when applying for a special hardship order?
Notice to Choose
Essential Guide to Special Hardship Licences
Time Limit Change for Special Hardship Orders
Special Hardship Orders v Work Licences
Driving children under a Special Hardship Licence
Drink Driving

This article general information only and not legal advice and is written subject to our disclaimer that can be read by clicking here. We cannot provide advice on fighting a ticket or about how demerit points apply for specific offences.

Double Demerit Points in Queensland

Steven Brough — Sun, 17 Sep 2023 04:09:00 +0000

Traffic laws are an essential part of maintaining safety on the roads, and one of the mechanisms used to enforce compliance is the demerit points system. This system is designed to encourage responsible driving behaviour by assigning penalty points for various traffic offences. However, during certain holiday periods and long weekends, many states in Australia implement a double demerit points system, aiming to further deter certain types of driving.

The recent news that the Queensland Government has incorrectly applied double demerit points to certain people prompted us to write an article about double demerit points

In this article, we will provide a comprehensive overview of how double demerit points work in Queensland and look at the situation in each state of Australia.

What are demerit points in Australia?

Demerit points are a system used by Australian authorities to discourage unsafe driving behaviour. They serve as a penalty for various traffic offences and are recorded against the driver’s licence. When a driver accumulates a certain number of demerit points within a specified period, they may face penalties such as fines, licence suspension, or even disqualification from driving.

Here’s how the demerit points system typically works:

It’s important to note that the specific rules and regulations regarding demerit points can vary slightly between states and territories. Therefore, it’s crucial for drivers to be aware of the laws that apply in their particular region.

How many demerit points do you have to use in Queensland?

First its important to understand you don’t start with a set number of demerit points that you can use. Its better to think of each offence potentially getting you to a certain demerit point limit.

For open licence holders you have 12 demerit points
For learner drivers, P platers or foreign drivers, you have a maximum of 4 demerit points
If you are on a good driving behaviour period you have a maximum of 1 demerit points
If you are on a special hardship licence you have zero demerit points

What happens if I exceed the limit of demerit points in Queensland?

You can choose to lose your licence for 3 months or go on a good behaviour point for 12 months. If you exceed 1 demerit point on a good driving behaviour period you might be able to apply for a special hardship licence in Queensland.

Where can I find how many demerit points an offence in Queensland has?

Not every traffic offence attracts demerit points. For example drug driving or drink driving actually don’t have any demerit points.

For a full list of demerit point offences in Queensland go to the TMR website by clicking here

How do I find out how many demerit points I have incurred in Queensland

You can go on the TMR website or click below to be taken to the TMR website to check your demerit points.

What is the law about double demerit points in Australia?

New South Wales

In New South Wales (NSW), double demerit points are enforced during key holiday periods, such as Christmas, New Year, Easter, and long weekends. The system applies to all driving offences, including speeding, seat belt violations, and mobile phone use while driving. For example, if you are caught speeding during a double demerit period, you will receive twice the usual demerit points.

Victoria

Victoria also employs a double demerit points system during holiday periods. Similar to NSW, this applies to all traffic offences. It’s worth noting that Victoria is known for its strict enforcement of traffic laws, so it’s crucial for drivers to be extra vigilant during double demerit periods.

Western Australia

Western Australia has a comprehensive double demerit points system in place. It applies to a wide range of traffic offences, including speeding, seat belt offences, and driving under the influence of alcohol or drugs. Double demerit points are enforced during holiday periods, including Christmas, New Year, Easter, and other significant events.

South Australia

South Australia also utilizes double demerit points during specific holiday periods. The system applies to offences such as speeding, seat belt violations, and mobile phone use while driving. Like many other states, the goal is to encourage safer driving practices during times when there may be a higher volume of traffic on the roads.

Tasmania

In Tasmania, double demerit points are primarily associated with speeding offences. They are applied during holiday periods and long weekends to deter drivers from exceeding speed limits.

Australian Capital Territory (ACT)

The ACT employs a double demerit points system during designated holiday periods. Similar to other states, it covers a wide range of traffic offences, including speeding, seat belt violations, and mobile phone use while driving. The aim is to promote safer driving habits during times when there may be increased road activity.

Northern Territory

The Northern Territory does not have a double demerit points system in place.

What is the law about double demerit points in Queensland?

Queensland adopts a slightly different approach to double demerit points. Instead of applying them just during holiday periods, they are implemented for specific offences such as speeding, seat belt offences, and illegal use of mobile phones over the whole year.

Double demerit points are applied for certain second or subsequent offences committed within 1 year of the previous offence.

This includes:

offences for speeding more than 20km/h over the speed limit
mobile phone offences
driver seatbelt offences
motorcycle helmet offences.

You don’t have to commit the same offence a second or subsequent time to receive double demerit points—the offence only needs to be within the same offence group.

Lets look at some examples:

Example 1

Bob holds an open Queensland licence. While driving home from work Bob goes through a camera that catches him using his mobile phone while holding it. He will receive an infringement notice and 4 demerit points.

9 months later Bob is pulled over by the police and found to have had made a call while driving with his phone on his lap. Police give Bob an infringement notice and 4 demerit points.

As Bob has committed 2 mobile phone offence inside of 12 months, he will receive an additional 4 demerit points. That is 12 demerit points in total.

Example 2

Lucy receives a fine for driving 65 km/h in a 40 zone. As a result Lucy incurs 4 demerit points.

7 months later Lucy goes through a speed camera and is clocked at 113 km/h while the speed limit was 80 km/h she receives a speed camera fine and 6 demerit points.

As Lucy has had 2 speeding offences over 20 km/h within 12 months she receives an additional 6 demerit points. As a result lucy has now incurred 14 demerit points and must make a choice between losing her licence or going on a good driving behaviour period for 12 months.

Summary

Application Period: Double demerit points in Queensland are enforced during the whole year and not just specific holiday periods like in many other states
Offences Covered: Double demerit points apply to specific traffic offences, including speeding, seat belt violations, and illegal use of mobile phones.
Point Multiplier: Double demerit points apply to 2 offences in certain offence groups incurred withing 1 year. For example, if you are caught using a mobile while driving 2 times within a year, you will receive twice the usual penalty points for the second offence.
Lose of Licence: If you exceed the demerit point limit you must elect to lose your licence for 3 months or go on a good driving behaviour period for 1 year. If you exceed 1 demerit point on a good driving behaviour period you might be able to apply for a special hardship licence.
Official Source: For detailed and up-to-date information on double demerit points in Queensland, it’s advisable to refer to the official website of the Queensland Government’s Department of Transport and Main Roads: Queensland Government – Double Demerit Points

How do I get more help or engage you to act for me?

We have been operating since 2010 and undertaken over 1,000 successful special hardship licence applications throughout South East Queensland.

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Email steven@claritylaw.com.au
Click here to select a time for us to call you back
Visit our main website page

Need more information?

We have a range of articles on Special Hardship Orders and other traffic offences on our blog. Some of the most recent have included:

What happens in court when applying for a special hardship order?
Essential Guide to Special Hardship Licences
Time Limit Change for Special Hardship Orders
Special Hardship Orders v Work Licences
Driving children under a Special Hardship Licence
Drink Driving
Drink Driving Lawyers Brisbane
Drink Driving Lawyers Gold Coast
Drink Driving Lawyers Sunshine Coast
Drink Driving Lawyer Ipswich
Drink Driving Lawyer Beenleigh
Drink Driving Lawyer Caboolture
Drink Driving Lawyer Strathpine
Criminal Lawyer

Demerit Points on a Queensland Drivers Licence

Steven Brough — Mon, 03 Feb 2020 10:41:00 +0000

We are often contacted by Queensland drivers wondering what their options are when they receive notice that they have exceeded their allowable demerit points.

In Queensland all drivers start with zero points and if an offence is committed anywhere in Australia and that offence carries demerit points as part of the punishment then those demerit points are added to the drivers traffic record.

When do demerit points start from?

Demerit points apply from the date you commit an offence. They are recorded on your traffic history when any of the following has occurred:

the fine has been paid or referred to the State Penalty Enforcement Registry (SPER)
you plead guilty to the offence in court or are found guilty
you have been issued with an order for an interstate offence

How long are the demerit points on my driver’s licence?

For open licence holders the demerit points will stay on your traffic history for 3 years.

What if I exceed my demerit points?

If you exceed your demerit points you will be sent a notice to choose by Queensland Transport and will have two choices either;

Have your licence suspended for the requisite period (generally 3 months but it can be up to 5 months if you incur more than 20 demerit points); or
Elect a good driving behaviour period

If you elect to have your licence suspended, you cannot later change your mind and you cannot apply for a special hardship licence for the next 5 years.

What if I failed to make a choice?

If you do not make a decision of whether to suspend your licence or elect a good driving behaviour period then Queensland Transport will assume you wanted your licence suspended and your licence will then be automatically suspended from the due date for the requisite period.

If you are caught driving without a licence you will be charged with unlicensed driving and subject to a 6 month court disqualification. You cannot apply for a special hardship or work licence at this point.

Good driving behaviour period

If you elect a good driving behaviour period by the due date then for a year you are subject to the requirement of a good driving behaviour period. There are no restrictions on your driving however the key point is you cannot incur more than 1 demerit point during this period. If you incur 2 or more demerit points within the year (the time runs from the date of the offence not the date the charge is finalised or paid) then you breach the good driving behaviour period.

What if I breach the good driving behaviour period?

If you breach the good driving behaviour period then your licence will be suspended for 6 months (it can be longer depending on how many demerit points you incurred on the good driving behaviour period).

What if I breach the good driving behaviour period but still need to drive?

If you breach your good driving behaviour period and still need to drive then you might be able to apply for a special hardship licence (also known as a hardship licence or special hardship order) to allow you to drive for specific reasons during the licence suspension.

A special hardship licence is only available where you are on a 12 month good driving behaviour period and incur a further traffic offence or are caught driving more than 40 km/h over the speed limit.

You are not eligible to apply for a Special Hardship Order (“SHO”) if, within the last five years before making the application:

you have previously made a SHO application,
your Queensland driver licence was suspended, disqualified or cancelled
you have obtained a work licence

You must prove to the court that losing your licence will cause severe and unusual hardship to you or your family (by depriving you of the means of earning your income or some other critical issue) and that you are a fit and proper person having regard to your traffic history.

You will receive a letter from QLD Transport advising of your suspension date. Please note unless you have lodged your application for a SHO before that date you will not be able to drive after your licence is suspended, until you have filed the documentation.

There is no longer a 21 day time limit from the date your licence is suspended to apply for a hardship licence however once your licence is suspended you cannot drive until you have lodged and filed the application and none of the days that elapsed from when your licence is suspended till the application is lodged with the court counts towards the period you will be on the special hardship licence. For example if you wait a month after your licence is suspended before applying for a special hardship licence and your special hardship will last 6 months then that one month does not reduce the 6 month period on the special hardship licence.

An application for a special hardship licence is heard in the Magistrates Court with jurisdiction closet to where you live and requires extensive affidavits of yourself and if employed from your employer.

If you are successful in obtaining a SHO your licence may restrict you to

Drive to and from work using the shortest route possible
Drive for purposes directly connected with your means of earning your income
Drive for any special hardship grounds granted by the court e.g. driving a family member to receive chemo treatment. You should note that the court must be convinced that by not allowing you to drive for the specific reason sought that you will suffer severe and unusual hardship. As you can see this is a very difficult thing to show, it can’t be just that you will suffer hardship but that you will suffer severe and unusual hardship. Often clients want to retain the ability to drop children at school. Some Magistrates will simply deny this no matter what is said, while the ones that may grant it will need to be convinced there is no other method of the children getting to school except by being driven by the person applying for the special hardship licence.

Please note the court may impose other the following conditions on your licence including;

Requiring you to complete a driving diary
Limiting what hours or days you may drive
Limiting who you may carry in the motor vehicle
Limiting the class or type of vehicles you may drive

During the period of the SHO you can only drive as above. It is important for you to understand that you do not have a full licence during the period of the SHO. The SHO will apply for the period of your licence suspension, i.e. the period is usually 6 months.

The other critical aspect of a special hardship licence is you get zero demerit points which means even if you incur one demerit point your licence will then be suspended for 12 months.

Example

Let us the example of a person found to have used a mobile phone (other than in a parked vehicle) In that case they will be fined $1,295 (the current infringement penalty) and incur 4 demerit points.

If they are an open licence holder with no demerit points then the addition of 4 demerit points to their traffic history won’t affect their licence. However what if they already had say 9 demerit points or if you were provisional licence holder then the addition of the 4 demerit points means they have exceeded their allowable amount of demerit points. If that case they be sent a notice to choose and given two choices either;

Have their licence suspended for the requisite period (generally 3 months but it can be up to 5 months if you incur more than 20 demerit points); or
Elect a good driving behaviour period

If they elect a suspension or don’t make any election by the due date then their licence is suspended.

If they elect a good driving behaviour period then for 12 months they must not commit an offence or offences that exceed 1 demerit point. If they do commit and offence while on a good driving behaviour period they might be able to apply for a special hardship licence.

How do I check how many demerit points I have?

You can check your demerit point balance using the demerit points online service provided by Queensland Transport.

What demerit points apply for different offences?

Queensland Transport has a list on their website of all the traffic offences and what demerit points apply. It can be accessed at www.qld.gov.au/transport/safety/fines/demerit/points

In Queensland we do not have period where all offences have double demerit points applying e.g. at Christmas however certain offences if committed twice in a 1 year period may incur double demerit points for the second offence. These include;

offences for speeding more than 20km/h over the speed limit
mobile phone offences
driver seatbelt offences
motorcycle helmet offences

Can you help me get a Special Hardship Licence?

If you don’t live in South East Queensland we can still help draft the necessary affidavits.

Can you help me get a Special Hardship Licence?

We absolutely can. Our firm has conducted thousands of successful special hardship applications. We have the knowledge and experience to give you the best chance of the court granting a special hardship licence. We have a have on our website a dedicated page to Special Hardship Licence’s

We can help with a special hardship application in any court in South East Queensland, from the Gold Coast up to Maryborough and out to Toowoomba.

We have offices at;

If you don’t live in South East Queensland we can still help draft the necessary affidavits.

How do I contact you or get more information?

We are open seven days a week from 7am to 7pm.

Email: steven@claritylaw.com.au

Telephone: 1300 925 255

Website: www.drivinglaw.com.au/services/hardship-licences.html

Contact Form: www.drivinglaw.com.au/contact.html

Prices: www.drivinglaw.com.au/prices.html

Disclaimer: This article is for general information and is not legal advice. The law or the practice of the court may have changed since this article was published. Always obtain legal advice if you need to appear in court.

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