Work licences – Driving Law https://drivinglaw.contentmanagement.se Just another WordPress site Mon, 12 Oct 2026 11:05:33 +0000 en-US hourly 1 https://wordpress.org/?v=7.0.1 https://drivinglaw.contentmanagement.se/wp-content/uploads/2026/08/cropped-favicon-32x32-1-32x32.png Work licences – Driving Law https://drivinglaw.contentmanagement.se 32 32 Work Licence vs Special Hardship Order — Which One Applies to You? https://drivinglaw.contentmanagement.se/blog/work-licence-vs-special-hardship-order-which-one-applies-to-you/ https://drivinglaw.contentmanagement.se/blog/work-licence-vs-special-hardship-order-which-one-applies-to-you/#respond Mon, 20 Jul 2026 07:42:00 +0000 https://drivinglaw.contentmanagement.se/?p=1241

If you’ve lost your licence, or you’re about to, the first question is usually: can I get some kind of licence to keep driving? In Queensland there are two very different options — a work licence and a special hardship order — and which one applies depends entirely on why you’re losing your licence. Here’s the difference in plain English.

The short version

  • A work licence applies when you are being sentenced in court for a drink driving or drug driving offence and need to keep driving for work.
  • A special hardship order (SHO) applies when your licence has been suspended for accumulating too many demerit points, or for a high speed offence, and you need relief from that suspension.
They’re not interchangeable — you apply for one or the other depending on your situation, not whichever you’d prefer. You may also hear the older informal term “limited licence” — people still use it loosely for both of these.

Work licence — for a drink or drug driving charge

A work licence lets you keep driving for work purposes only while you’re disqualified after pleading guilty to a drink or drug driving charge.
  • Who can apply: people charged with low or mid range drink driving, or driving with a relevant drug present, who held an open Queensland licence and meet the eligibility criteria.
  • You cannot apply if you held a learner or provisional licence — you must have held an open licence.
  • You cannot apply if your licence has been suspended, cancelled or disqualified at any time in the past 5 years. The one exception is a SPER suspension where you were not caught driving on it.
  • Driving for work at the time of the offence does not automatically rule you out — in some cases you can still apply, so check your situation with a lawyer for an accurate answer.
  • High range drink driving (0.15 or over): a work licence is never available.
  •  
When to apply: it must be applied for before you are sentenced — once you’re sentenced, the opportunity is gone. Getting the application right matters: it’s supported by a detailed affidavit. Here’s what goes into a work licence affidavit.

Special hardship order — for a demerit point or high speed suspension

An SHO lets you keep driving where losing your licence would cause extreme hardship to you or your family, or severe and unusual hardship.
  • Who can apply: a special hardship order is available only where your licence has been suspended for accumulating demerit points while on a good driving behaviour period, or for a high speed offence (more than 40 km/h over the limit).
  • When to apply: within the timeframe after your suspension notice — there are strict time limits.
  • Like a work licence, it’s supported by an affidavit setting out your circumstances and why you need to drive.

Side by side

Work licence

Special hardship order

Applies when
Sentenced for a drink/drug driving offence
Licence suspended for demerit points or a high speed offence
Main eligibility
Low/mid range drink driving or relevant-drug charge; open licence held
Demerit-point or high-speed suspension
Never available for
High range drink driving (0.15+)
—
When to apply
When to apply
When to apply
What it allows
What it allows
Driving for work purposes, with conditions
Our fixed fee
$2,990
$2,990

Which one is you?

If you’re facing a drink or drug driving charge in court, you’re looking at a work licence. If your licence has been suspended for demerit points or a high speed offence, you’re looking at a special hardship order. If you’re not sure which applies — or whether you’re eligible at all — that’s exactly what a quick call sorts out.

Talk to us

Both applications run on a fixed fee of $2,990, quoted before you commit. Call 1300 952 255, 7am–7pm, seven days, and we’ll tell you which one applies to you and whether you qualify.

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 ourr work licence page.
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Should I Get a Lawyer for a Licence Application in Queensland? https://drivinglaw.contentmanagement.se/blog/should-i-get-a-lawyer-for-a-licence-application-in-queensland/ https://drivinglaw.contentmanagement.se/blog/should-i-get-a-lawyer-for-a-licence-application-in-queensland/#respond Fri, 17 May 2024 10:32:00 +0000 https://drivinglaw.contentmanagement.se/?p=10745
If you’ve recently faced traffic law charges or traffic offence in Queensland and are concerned about losing your licence, you may be considering applying for a work licence or special hardship licence in Queensland. These licences can be essential for maintaining your livelihood, but the process of obtaining one can be complex and fraught with legal pitfalls. The question then arises: should you get a lawyer for your application? The short answer is yes, and here’s why.

Understanding Work Licences and Special Hardship Licences

Work Licence
A work licence, also known as a restricted licence, allows Queensland Drivers convicted of certain offences, such as drink driving, to continue driving for work purposes. This licence is typically available to drink and drug drivers who have not lost their licence in the past 5 years who can demonstrate that losing their licence would cause them to lose their means of earning their income.

Learn more about Work Licences

Special Hardship Licence
A special hardship licence is available to individuals who have accumulated excessive demerit points on a good driving behaviour period or have been convicted of high-risk offences, such as driving 40 km/h over the speed limit. This licence allows individuals to drive under strict conditions to avoid severe personal or financial hardship.
Learn more about Special Hardship Licences

The Importance of Legal Expertise

Navigating Complex Legal Requirements
Both types of licences come with stringent eligibility criteria and require detailed evidence to support your application. A lawyer with expertise in Queensland traffic law can help you understand these requirements and gather the necessary documentation, ensuring your application is thorough and compliant.
Remember you get one shot at the court granting the licence, if they don’t that’s it game over.
Crafting a Strong Application
The success of your application largely depends on how well it is presented. Lawyers specialising in traffic law can help you craft a compelling case by:
  • Drafting affidavits that clearly outline your circumstances and the necessity of retaining a licence.
  • Advising on character references that can support your application.
  • Preparing you for court.
  • Representing you in court ensuring your arguments on why the application for a licence should be granted are persuasive.
  • Dealing with any issues that may arise from the prosecutor or the magistrate.
Mitigating Risks
Applying for a work licence or special hardship licence involves legal risks. Any mistakes or omissions can lead to your application being denied, which could severely impact your ability to work and maintain financial stability. An experienced lawyer can identify potential pitfalls and address them proactively, increasing your chances of a successful outcome.

But I heard that…

Magistrates just give out special hardships or works licences
This is utterly incorrect, magistrates have to follow the law and if the application is not right or doesn’t have all the information that is necessary they cannot grant it.
Having a lawyer makes you look more guilty
Having a lawyer makes you look smart, it shows the court you are taking this application seriously.
Magistrates don’t like lawyers appearing for licence applications
Magistrates love lawyer appearing on applications as they know they should have everything correct so the application can proceed faster and easier.
Lawyers cost too much

The price for refusal of a licence application will cost people 10 times more than paying a lawyer to do the application correctly and sort out any problems.  Imagine not being able to drive for work for 6 months, you will wish you had hired a lawyer from the start.

Why Choose Clarity Law?

At Clarity Law, we understand the stress and uncertainty that come with facing traffic charges and the possibility of losing your licence. With over 60 years of combined experience and a track record of appearing in more than 1,000 licence applications, our team is well-equipped to guide you through the application process. Here’s what sets us apart:
While it is possible to apply for a work licence or special hardship licence on your own, the stakes are high and the process is complex. Engaging a lawyer can significantly improve your chances of a successful application, providing peace of mind and allowing you to focus on your work and personal life.
If you’re considering applying for a work licence or special hardship licence in Queensland, don’t leave it to chance. Contact Clarity Law today for expert legal advice and representation.

If I contacted you what would occur?

If you contact us then Steven Brough the firm’s founder or our office manager Belinda Smyth will take the call or receive the email. They have 40 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your drink driving charge, all at no cost.
If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Every one of our lawyers are very experienced with thousands of courts appearances between them and they know the Caboolture courts and the magistrates and prosecutors.

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

If you want to engage us or just need further information or advice then you can either;
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 work licence page.
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Limited Licence in Queensland https://drivinglaw.contentmanagement.se/blog/limited-licence-in-queensland/ https://drivinglaw.contentmanagement.se/blog/limited-licence-in-queensland/#respond Mon, 26 Feb 2024 04:56:00 +0000 https://drivinglaw.contentmanagement.se/?p=8647

“Limited licence” is an older, commonly-used name for the two ways to keep driving after a disqualification or suspension in Queensland: a work licence (a restricted licence for work) and a special hardship order. Both still exist — “limited licence” is just the informal term many people still use for them. 

People often call us seeking a limited licence.  So what exactly is a limited licence, when would it apply and how would I go about getting a limited drivers licence?

What is a limited drivers licence?

Well actually there is no such thing as a limited licence.  The term is not used in the law in Queensland and also not used in the courts.

When people are talking about a limited licence it is an overall term for two different types of restricted licenses namely

Lets look at them both in more detail

Work Licence

In Queensland, drivers convicted of specific offences such as low or mid-range drink driving or certain drug driving charges may be eligible to apply for a work licence. A work serves as a provisional permit allowing individuals to continue driving under specific circumstances for work purposes.

The Eligibility Criteria

To be considered for a work licence, you must fulfil the following criteria:

  1. Hold a current Queensland open driver’s license.
  2. Have a blood alcohol level of less than 0.15% at the time of the offence.
  3. Not be driving for your job at the time of the offence.
  4. Not have been under a licence requiring zero blood alcohol level at the time of the offence.

Application Procedure

The application procedure for a works licence includes:

  1. Providing an affidavit detailing personal circumstances, work details, hours of work, inability to use public transport or taxis, financial circumstances, implications on income or employment, and details of the drink driving charge.
  2. If employed, your employer must furnish an affidavit corroborating the necessity of a work licence, accentuating the impact on the means of earning your income.
  3. Collection of an application form for obtaining a work licence from the court registry.
  4. Ensure both you and your employer sign the affidavits in the presence of a Justice of the Peace, Solicitor or Commissioner of declarations.
  5. Submit the original signed affidavits with two photocopies at the court registry and a copy to the Police Prosecutions unit.

Licence Conditions

It’s important to be aware that the court can impose conditions on your work licence. These conditions may include restrictions on the days and hours you can drive, a limitation on the number of passengers you can carry, requiring a log book, and even stipulating that you wear a work uniform while driving.

Once your application is successful, you will have four demerit points available and a zero alcohol limit for one year after being granted a work licence.

Special Hardship Licence

A Special Hardship Licence is an order given by the court that allows you to drive under certain circumstances, even though your driver’s licence has been suspended. It offers a lifeline for those faced with extreme hardship, promising to ease challenges whilst remaining within the borders of the law.

Who can apply?

The only circumstances in which you can apply for a special hardship licence is when either;

  • You have exceeded your demerit points on a good driving behaviour period; or
  • Exceeded the speed limit by more than 40 km/h

Eligibility Criteria

To be eligible, you need to hold a current Queensland open or provisional driver’s licence not have had your licence suspended or disqualified in the last 5 years.

The Application Process

Applying for a Special Hardship Licence is no walk in the park. It involves filing an affidavit, attending court, and serving documents on Queensland Transport.

Court Process

The court will evaluate whether you are a ‘fit and proper person’ and if the denial of the licence would cause extreme hardship. If the court deems the hardship as severe, restrictions may be imposed on the licence, such as limiting driving hours or carrying passengers.

If the court fails to grant the Special Hardship Order, your licence suspension will continue for the remainder duration.

After successful acquisition of a special hardship licence, it’s essential to visit Queensland Transport to have your licence reissued and adhere to all court order requirements. If the terms of the licence need to be varied, you can apply to change the restrictions.

Conclusion

When people talk about a limited licence they are in fact referring to either a work licence or a special hardship licence. 

Works licenses are for certain drug and drink driving charges.

Special hardship licenses are for people who have exceeded the speed limit by more than 40 km/h or incurred 2 or more demerit points on a good driving behavior period.

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

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

  1. Use our contact form and we will contact you by email or phone at a time that suits you
  2. Call us on 1300 952 255 seven days a week, 7am to 7pm 
  3. Click here to select a time for us to have a free 15 minute telephone conference with you  
  4. Email steven@claritylaw.com.au
  5. Send us a message on Facebook Messenger
  6. Click the help button to the right and leave us a message
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 work licence page.
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Interlocks and Work Licences https://drivinglaw.contentmanagement.se/blog/interlocks-and-work-licences/ https://drivinglaw.contentmanagement.se/blog/interlocks-and-work-licences/#respond Tue, 17 Oct 2023 12:28:00 +0000 https://drivinglaw.contentmanagement.se/?p=8526

If you need to apply for a work licence will you need to install an interlock? and what happens if you need a work licence but cannot install an interlock?

What is a work licence?

In Queensland, a work licence allows you to drive for work purposes even if you’ve been charged with an offence of drink driving or drug driving. This licence may be requested if your job requires regular driving, or if it’s a necessary condition of your employment, and not having a licence risks your job, potentially leading to financial hardships.

Eligibility for a work licence is determined based on several factors:

  • You must hold a current Queensland open driver licence at the time of applying for a work licence.
  • You need to have held a Queensland open driver licence at the time of the offence.
  • At the time of the offence, you cannot have been driving for your employment or work purposes.
  • You can’t have been convicted of any drink or drug driving offence, anywhere, or failed to provide blood or breath sample in the last five years.
  • You can’t have been disqualified from holding a licence, had your licence disqualified, suspended or cancelled in Queensland in the last five years.
  • You can’t have been convicted of dangerous driving in Queensland in the last five years.
  • Your blood alcohol concentration level must have been recorded to be below 0.15%.
  • At the time of offence, you should not have been driving under a licence that required your blood alcohol concentration to be zero.

Your work licence may have certain restrictions imposed, such as the time and purpose of driving, the type of vehicle that you can drive, the carrying of passengers while driving, and the period that the work licence is issued for.

Applications for work licences should be made to the Magistrates Court that is to hear the drink or drug driving offence. This application needs to be made before a plea of guilty is made.

What is an interlock?

An interlock device in Queensland is a device connected to a vehicle’s ignition. To start the vehicle, the driver must provide a breath sample. The vehicle only starts if no alcohol is detected. A random breath sample may be requested during a journey. The interlock records data including all breath samples (including when the vehicle doesn’t start), when the vehicle is used, and interlock service information.

The Alcohol Ignition Interlock Program applies to drivers who are convicted of high-range or mid-range drink driving offences. You need to participate in the interlock program if you are convicted of any of the following offences:

  • Drive, or attempt to put in motion or be in charge of a vehicle under the influence of alcohol
  • Drive, or attempt to put in motion or be in charge of a vehicle with a blood/breath alcohol concentration of 0.15 or more, or 0.10 or more (offences committed on or after 10 September 2021)
  • Failing to provide a blood/breath specimen for analysis
  • Dangerous driving while affected by alcohol
  • Two or more low drink driving offences within the past five years.

You need to have an interlock device installed in the vehicle you drive during your time in the interlock program. If you are required to drive multiple vehicles for work or other purposes, each vehicle must be fitted with the interlock device.

It is an offence to drive a motor vehicle that is not fitted with an interlock where the driver is subject to an interlock condition.

How does an interlock work?

An alcohol ignition interlock device operates in the following way:

If your offence was low range then no you don’t need to install an interlock.

If your offence was mid-range drink driving then yes you must install an interlock before you can start driving under a work licence.

What if I can’t install an interlock under a work licence?

If it is not possible to install an interlock on each vehicle that you need to drive under a work licence then you should seriously consider not applying for a work licence.

If you are a mid range drink driver and apply for a work licence but cannot install the interlock then you will not be able to drive under the work licence. Worse is that if you cannot get an interlock installed but applied for work licence then the court likely gave you a longer disqualification then if you had not applied for a work licence.

How do I decide whether to apply for a work licence or not?

Trying to decide whether to apply for a work licence or not, if your offence was mid range drink driving, can be hard. You really need to look at the following:

  1. Work out what vehicles you would need to drive under a work licence.
  2. Speak to your employer about whether they would be willing to install an interlock in those vehicles (don’t forget you need to install an interlock in all vehicles you drive including the vehicle you drive to and from work even if that vehicle is owned by you).
  3. Speak to an experienced traffic lawyer to find out if you can apply for a work licence. Also find out from your lawyer how long your disqualification would be with and without a work licence.
  4. Make a decision whether to apply for a work licence.

Can I get an interlock exemption?

There are only very limited grounds to seek an exemption from the requirements to install an interlock. The exemptions are:

  1. Use our contact form and we will contact you by email or phone at a time that suits you
  2. Call us on 1300 952 255 seven days a week, 7am to 7pm
  3. Click here to select a time for us to have a free 15 minute telephone conference with you
  4. Email steven@claritylaw.com.au
  5. Send us a message on Facebook Messenger
  6. Click the help button to the right and leave us a message

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 drink driving.

You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.

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 Work licence lawyers page.

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Should I Apply for a Work Licence or Just Take the Disqualification? https://drivinglaw.contentmanagement.se/blog/work-licence-or-just-take-the-disqualification/ https://drivinglaw.contentmanagement.se/blog/work-licence-or-just-take-the-disqualification/#respond Mon, 11 Sep 2023 10:53:00 +0000 https://drivinglaw.contentmanagement.se/?p=6447
Deciding whether or not to pursue a work licence is a question that a person charged with drink or drug driving needs to ponder when they commence their matter.
This article is not going to comprehensively cover work licences, we have a detailed article on that topic here. In short, a work licence is a type of restricted licence that a person applies for to allow them to continue to drive for a specified purpose whilst their licence is disqualified for certain drink or drug driving offences.

What does the court look at when deciding if to grant a work licence?

When making an application for a work licence, the court must be satisfied of 2 things: The applicant is a fit and proper person to be allowed a restricted licence, and that refusal to grant a restricted licence will cause the applicant severe financial hardship by depriving them of their means of earning their living. The court will only grant a restricted licence if both criteria are met.
It seems, on the face of it a pretty obvious choice doesn’t it? If I can keep driving when I have lost my licence for my offence, of course I would want that….wouldn’t I?
While it is true that a work licence allows you to continue to drive during your disqualification period, it is as the name suggests only for work purposes. There are significant restrictions placed on you and serious consequences of breaching those restrictions, even once.

Why wouldn’t I apply for work licence?

There are other important factors to consider when deciding whether or not to apply for a work licence, chiefly – am I content with the court giving me a lengthier period of disqualification than I otherwise would have gotten if I had not applied for a work licence? The court is empowered under the Transport Operations (Road-use Management) Act to impose a longer period of disqualification because of being granted a work licence. This by law is up to double. This could mean that by way of example, if the court considers 3 months an appropriate disqualification, they may decide to double that to 6 months. It is important to note that it is not a mandatory doubling, however most magistrates do exercise this discretion.
Making the decision on whether or not you want to apply for a work licence will depend entirely on your personal circumstances. For example,
  1. Tom – Tom is a truck driver, he is required to drive a his C class vehicle to his employers depot, then make long haul deliveries in his HR truck. Tom is the only person working in his family and will lose his employment if he doesn’t have a licence. Tom does not really have a choice and will need to pursue a work licence.
  2. Rebecca – Rebecca is a warehouse assistant who works some distance from her home. The route is service by some public transport and part of Rebeccas role is to operate a forklift on public roads. Rebecca could maybe make it work to not have a licence for a shorter period of time. Rebecca has more flexibility in making her decision.
It will ultimately come down to need and personal circumstances. If it is likely that you will receive a shorter period of disqualification, such as the minimum (or close to) then it will be on the applicant to decide whether or not to make such an application. NOTE There is no way to guarantee that a person will get the minimum disqualification, however a skilled traffic lawyer will be able to give quite accurate estimate on anticipated disqualifications based on the QP9, history and any material that a person obtains.
Another issue that could stop someone applying for a work licence is if they are mid range and must install an interlock device. Our main article on drink driving has information on interlocks but in general if you are a mid range drink driver applying for a work licence then you will need to install a interlock device on every vehicle you intend to use during your work licence (and even after your work licence as the requirement to install a interlock is for 1 year). For many people this would be impractical and make them question whether they should apply for a work licence.
These issues are complicated so always seek legal advice before deciding whether or not to apply for a work licence.

Conclusion

Returning to the question, should I apply for a work licence or just take the disqualification? The answer depends entirely on your circumstances. If you need to drive for work and will lose your job or business, then yes more than likely you would want to apply; however, if you could arrange alternate transport or work something out then angling for a lower disqualification might suit your circumstances best.
The only one who can make that balance, is you. Your traffic lawyer will empower you will all the information you need to make that informed decision – but it is ultimately a decision of your own.
If you require more information on work licences, including what courts look for with specific occupations (such as disability support workers and carers), we invite you to read our extensive articles on work licences, or contact our fantastic team who can give you as much information as you need to make an informed and measured decision.

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

If you want to engage us or just need further information or advice then you can either;
  1. Use our contact form and we will contact you by email or phone at a time that suits you
  2. Call us on 1300 952 255 seven days a week, 7am to 7pm
  3. Click here to select a time for us to have a free 15 minute telephone conference with you
  4. Email steven@claritylaw.com.au
  5. Send us a message on Facebook Messenger
  6. Click the help button to the right and leave us a message
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.
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 r work licence page.
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Restricted Licences for Disability Support Workers https://drivinglaw.contentmanagement.se/blog/restricted-licences-for-disability-support-workers/ https://drivinglaw.contentmanagement.se/blog/restricted-licences-for-disability-support-workers/#respond Tue, 08 Aug 2023 07:46:00 +0000 https://drivinglaw.contentmanagement.se/?p=8810

This is the first article in a series focussing on the specific requirements and considerations for different occupations. This article will examine some of the specific requirements that face NDIS and disability support workers and making applications for restricted licences.

Restricted licence types

Our office has written extensively work licences and hardship licences on our website. In short, the key differences are applicability;

  1. Work licence – a licence type that is only available if a person has committed a drug driving offence or a drink driving offence up to a BAC of .149;
  2. Hardship licence – a licence type that is available if a person is suspended due to the accumulation of demerit points and/or they have committed a high-speed offence (exceed speed limit by at least 40km/h).

There is NO restricted licence for people who have committed an unlicensed driving offence, including whilst demerit point suspended. It is critical if you are demerit point suspended and you require your licence to drive that you make an application for a hardship licence.

While the reason for needing a restricted licence is different between the two, the legal test for granting a licence is identical. It is a two stage test:

  1. Is on the balance of probabilities (50% or more) the applicant a fit and proper person with respect of the safety of other road users and the public generally; and
  2. Will the applicant suffer severe financial hardship by being deprived on the means of earning their livelihood? 

There is an additional test with respect of Hardship licences for non-work related driving. This is not covered in this article, however has been covered in our previous article on hardship licences.

NDIS and Disability Support Workers

While NDIS and Disability Support Workers are subject to the same legal tests for each licence, particular attention needs to be paid to the specific and often unique requirements for Disability Support Workers when drafting an application for a restricted licence.

Workers are often self-employed, operating under an ABN and subcontract to companies to provide services. When this is the case, a copy of the ABN record is required to be exhibited to the application and affidavit. When a person is not self-employed, they require an affidavit signed by their employer or an authorised person in their company.

It is almost always a requirement that a NDIS or Disability Support Worker needs to carry clients and their families as passengers as a part of their employment. The relevant information regarding their duties and responsibilities, such as community access, transporting clients to medical and physiotherapy appoints will be detailed in the affidavit.

What stands out as unique, is that often there are very wide hours of availability required, ranging effectively up to 24 hours per day, seven days per week. In addition, workers are usually required at short notice. Whilst most courts are very hesitant to grant restricted licences for such a broad amount of time, it is possible provided sufficient information is given to the court.

It has been our experience that NDIS and Disability Support Workers require a very broad range of hours and conditions to ensure that they are able to keep their employment and effectively discharge their responsibilities.

Do I really need a lawyer?

Should you engage a traffic lawyer to represent you? In a word yes. Although you are free to represent yourself we have found that unrepresented people are often not granted the application because their paperwork is defective or does not adequately cover all the requirements of the legislation. Remember you get one shot at this, you cannot reapply if you are refused. Our experience is that less than 50% of unrepresented people are granted a restricted licence.

Common problems we have seen with people acting for themselves in seeking a restricted licences include;

  • Failing to have the court grant the licence for all hours you work
  • Failing to have the court grant the licence for all days you work
  • Failing to take into account the time you have to leave for work in the morning or return after work
  • Failing to have the licence issued for all the vehicle types you need to drive
  • Failing to have the order allow you to carry passengers
  • Failing to specify other occasions when you may be able to drive
  • Failing to prove to the court that you are a fit and proper person
  • Failing to show financial hardship as a result of not receiving the licence
  • Lodging a letter from an employer rather than an affidavit

Remember if you are unsuccessful with a hardship licence then you will not be able to drive at all for a minimum of 6 months. If you are unsuccessful with a work licence then you will be disqualified at the courts discretion.

Why engage Clarity Law and not another law firm?

We are Queensland’s leading traffic and driving law firm. We undertake special hardship applications every week throughout South East Queensland. We know the Magistrates and what it takes to be successful in an application. No other law firm in Queensland would have likely undertaken more restricted licence applications than Clarity Law. We have made over 1,000 successful restricted licence applications and no firm can match our experience level. We know what driving courses or workshops the Magistrate will want to see you attend and know how to put a person’s traffic history in the best light. We have acted extensively for NDIS and Disability Support Workers, and we know the unique requirements of these roles.

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 restricted licence applications throughout South East Queensland.

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

  1. Use our contact form and we will contact you by email or phone at a time that suits you
  2. Call us on 1300 952 255 seven days a week, 7am to 7pm 
  3. Click here to select a time for us to call you back 
  4. Email steven@claritylaw.com.au
  5. Send us a message on Facebook Messenger

We cover all courts in South East Queensland from the Gold Coast to Brisbane and the Sunshine Coast and out to Toowoomba. We have 6 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 restricted licences. You will not be chased or hounded to engage us. Remember its critical you get advice before going to court, failing to get a restricted licence or one that is too restrictive will have an impact on you, your family and your employment or business.

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 Work licence lawyers page.
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High Range Drink Driving — Can You Get a Work Licence? https://drivinglaw.contentmanagement.se/blog/high-range-drink-driving-can-you-get-a-work-licence/ https://drivinglaw.contentmanagement.se/blog/high-range-drink-driving-can-you-get-a-work-licence/#respond Mon, 17 Jul 2023 09:03:00 +0000 https://drivinglaw.contentmanagement.se/?p=7801

If you are charged with high range drink driving in Queensland, you may be wondering if you will be able to get a work licence?

Understanding high range drink driving

High range drink driving refers to operating a motor vehicle or being in charge of a motor vehicle with a blood alcohol concentration (BAC) of 0.15 or higher. This offence carries substantial penalties due to the increased risk posed to the driver, other road users, and the community as a whole. The consequences can include hefty fines, and lengthy periods of licence disqualification.

In Queensland courts the term DUI is not used however UIL meaning driving under the influence is another term for a high range drink driving charge.

How do I know what my reading was?

The police will perform a roadside test. This is just a presumptive test usually using a hand held device, the reading merely indicates a possible reading. If you are over the alcohol limit then you will be taken to an approved place like a police station or booze bus for the proper test on an approved breath analysing instrument. It is this test that is the conclusive test. The police will tell you the result and provide you with an official breath analysis certificate.

If the reading is at or greater than .15 you are charged with high range drink driving.

I did not drive high range I just refused the breathalyser

If you refuse to give a sample of your breath or blood without a legitimate excuse the charge will be failing to provide a specimen and is considered under the law to be a high range drink driving charge.

The rational for this is that if it wasn’t considered high range then people who knew they were driving high range would always refuse a specimen.

So can I get a work licence with a high range drink driving charge?

If you are charged with high range drink driving in Queensland you cannot get a work licence. The law mandates only people charged with low or mid-range drink driving can potentially apply for a work licence. A high range drink driver is barred under the law from getting a work licence and the magistrate cannot change this no matter your circumstances.

Are there any defences to avoid the high range drink driving charge?

There are a number of possible defences to a drink driving charge, but the courts are reluctant to accept them. Some possible defences include not being in charge of the vehicle, not having driven in the 3 hours before the test.

It is also a limited defence if the police did not follow the correct procedure when requesting a sample of breath or blood.

In reality most defences are very limited. We have a whole page about drink driving defences.

So what can I do if I cant get a work licence?

The minimum disqualification for a first time high range drink driver is 6 months. The best idea would be to hire a lawyer and try and get the minimum disqualification period.

We have a full article on the best way to get the lowest disqualification for a drink driving charge.

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

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

  1. Use our contact form and we will contact you by email or phone
  2. Call us on 1300 952 255 seven days a week, 7am to 7pm
  3. Click here to book a teleconference at a time that suits you
  4. Email our firms founder at steven@claritylaw.com.au
  5. Send us a message on Facebook Messenger

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 drink driving. You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a drink driving charge will have an impact on you, your family and your employment or business.

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 High range drink driving lawyers page.
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Hardship Licences for Taxi and Ride Share Drivers https://drivinglaw.contentmanagement.se/blog/hardship-licences-for-taxi-and-ride-share-drivers/ https://drivinglaw.contentmanagement.se/blog/hardship-licences-for-taxi-and-ride-share-drivers/#respond Thu, 09 Feb 2023 08:42:00 +0000 https://drivinglaw.contentmanagement.se/?p=7753

In Queensland, the Department of Transport and Main Roads (TMR) recognizes that some passenger transport workers may face unexpected and exceptional circumstances that may prevent them from holding a valid driver’s licence. To address this issue, TMR offers a special hardship licence to eligible passenger transport workers who need to continue driving for work purposes despite their licence suspension.

A special hardship licence allows transport workers to drive for usually work purposes only with some exceptions for extreme personal needs, it is a temporary measure to support workers in maintaining their livelihood while they serve their licence suspension. In Queensland, passenger transport workers include taxi drivers, truck drivers, bus drivers, uber, didi and other  ride share drivers and other commercial passenger vehicle operators.

Eligibility Criteria for a Special Hardship Licence

To be eligible for a special hardship licence, transport workers must meet the following criteria:

  1. Their licence has been suspended for a specific period by TMR for reasons of excessive demerit points or exceeding 40 km/h over the speed limit.
  2. They can demonstrate that they will suffer extreme hardship if they are unable to drive during the period of their licence suspension.
  3. They have not been disqualified from holding a driver’s licence in the last 5 years and have not held a special hardship licence in the last 5 years.

We have a full article on special hardship licence eligibility.

How to Apply for a Special Hardship Licence

The process for obtaining a special hardship licence is that you will need the following documents:

  • A special hardship order application form
  • An affidavit from you showing that you are a ‘fit and proper person’ to continue to hold and licence and that you or your family would stuffer extreme hardship because you are unable to work or severe and unusual hardship for another reason.
  • An affidavit from your employer – If you are self-employed you do not need this. If you have multiple employers, you will need one from each employer.
  • Once the affidavits are completed and filed you need to attend your local Magistrates court to argue before a Magistrate to be granted the hardship licence.

Driver Authorisation in Queensland

Driver authorisation is a system used by the Department of Transport and Main Roads (TMR) in Queensland to assess the suitability of individuals to drive passengers in vehicles. The purpose of driver authorisation is to ensure the safety of all road users by verifying that passenger vehicle drivers have the necessary skills, knowledge, and experience to operate these vehicles safely.

The question then arises whether if you are to lose your licence because of demerit points or a high speed offence does your driver authorisation continue?

Special Hardship Licences and Driver Authorisation

A driver of a public passenger vehicle must hold either

  1. a current Australian open driver licence;
  2. a restricted driver licence issued under section 87 of the Transport Operations (Road Use Management) Act 1995

A restricted licence under section 87 is a work licence issued by the courts for a drink or drug driving offence and isn’t related to a special hardship licence.

Therefore for the Drivers Authorisation to be valid a special hardship licence must be considered to be an open licence.  The law also states that if a court makes a special hardship order for a person the suspension of the person’s open licence ends when the order is made.

The law therefore allows a Drivers Authorisation to continue if a transport worker is granted a special hardship licence if however the hardship licence is not granted then the licence is suspended and the DA also ends

Could my Drivers Authorisation still be suspended even if a hardship licence is granted?

It is possible, but generally unlikely, that the offences that led to the need for the special hardship licence are such that even if special hardship licence is granted that TMR still actually suspend the DA.

TMR looks generally at the following factors to determine if past offences with affect a passenger transport workers DA;

  • the severity of offences;
  • the frequency of offences;
  • and whether offences occurred in a public passenger vehicle

Lets take the example of a uber driver who is caught driving 60 km/h over the speed limit in a school zone with paying passengers in the car.  In that case TMR might think the offence so serious that even if a court issued a special hardship order that they would suspend or cancel the DA.

What goes into the special hardship application?

We have a full article on what goes into a special hardship application, the court process and what happens after the hardship licence is granted. 

How much do you charge for a special hardship application?

We charge a fixed price of $2,990 and this covers the drafting of the affidavits and appearing in court with you.

Where are your offices located

We have 7 offices across Southeast Queensland.  Please always ring first as your local office may be unattended if our staff are in court.  We have spent years developing systems that mean in most cases you wont even need to come in to see us to engage the best legal representation.

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;

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

 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 hardship licences.

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 special hardship order page.
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Work Licence Affidavits https://drivinglaw.contentmanagement.se/blog/work-licence-affidavits/ https://drivinglaw.contentmanagement.se/blog/work-licence-affidavits/#respond Wed, 23 Nov 2022 09:01:00 +0000 https://drivinglaw.contentmanagement.se/?p=6209
If you have found yourself in a position where you are going to lose your licence as a result of a drug driving or low or mid-range drink driving charge (you had a BAC less than 0.15%) tin Queensland hen you may be eligible for a work licence.

One question that many people ask is what needs to go into my application and affidavit for a work licence?

Am I eligible for a work licence?

You could be eligible for a work licence if you meet the following criteria:
  • You have been charged with and intend to plead guilty to low or mid-range drink driving, meaning you had a BAC of less than 0.15% OR
  • You have been charged with and intend to plead guilty to driving with relevant drug (Cannabis, ecstasy or ice) in the blood or saliva present in your system.
AND
  • You need your driver licence for work.

You are not eligible for a work licence if:

You are not eligible for a work licence if you meet any of the following criteria:
  • You have been charged with driving or being in charge of a vehicle while under the influence of drugs.
  • You have been charged with driving or being in charge of a vehicle while under the influence of alcohol, meaning you had a BAC of more than 0.15%.
  • You have been charged with failing to supply a breath or saliva sample at the police station.
  • You hold a licence that is not a current Queensland Open Driver Licence (not a learner or provisional licence)
  • You have been convicted of a drink or drug driving offence anywhere in the last 5 years.
  • You have been convicted of dangerous driving in Queensland in the last 5 years.
  • You have had your licence disqualified, suspended or cancelled in the last 5 years. (Please note there are some exceptions to this – contact us to see if you are eligible)

What does a Work Licence Application need to include?

When preparing a work licence application, you will need the following documents:
  • A s87 application form – Application for an Order directing the issue of a Restricted Licence
  • An affidavit from you
  • An affidavit from your employer – If you are self-employed you do not need this. If you have multiple employers, you will need one from each employer.
You cannot simply provide a letter or a stat dec, it must be an affidavit.

What do I need to include in my affidavit?

An affidavit is a written statement which is sworn in front of a lawyer or Justice of the Peace and is used as evidence in court. In your affidavit you need to include the following information:
  • Your name
  • Your address
  • Your occupation
  • Your family situation including who you live with, if you have children and if you provide support or assistance to anyone.
  • Details of your job:
    • Your job title
    • The company you work for
    • How long you have held your job
    • The hours you normally work
    • The frequency with which you work overtime
    • Why you need to drive for you job (e.g. is it just to and from work or do you drive as a part of your job)
  • Details of your financial situation:
    • How much you earn from your job
    • How much anyone else in your family earns from their job or receives from Centrelink
    • Your weekly expenses
      • Rent / mortgage
      • Rates
      • Bills
      • Childcare / school fees
      • Groceries
      • Insurance
      • Credit card payments
      • Personal loan payments
    • Details of the offence you committed
    • Details of why you are a “fit and proper person”

What do I need to include in my employers affidavit?

If you are employed by a company you will need to get your immediate boss or a member of the HR department to provide you an affidavit which says you will lose your job if you don’t have a licence. This affidavit should include:
  • Your employers name
  • Your employers address
  • Your employers job title
  • Information about your job
    • How long you have been employed
    • What hours you are required to work
    • Why you require your licence
    • That if you don’t have your licence you will lose your job
  • Your employers assessment of your character

Once my affidavits are ready what do I do next?

Now that your affidavits are completed you need to file your application with the court.
In order to do this you will need to take 3 copies of each affidavit (which have been signed and witnessed by a JP or Solicitor) with you to court. Once at the court you should attend the registry and ask for a copy of the s87 or work licence application form. This form is self explanatory and requires you to put some details such are your name, address and driver licence number onto it.
Once the application is filled out you will then file a copy with the court registry. They will give you back the other two copies of the documents. One of those will need to be filed with the police prosecutors and the other copy is for your to keep.
All material should be filed a minimum of 3 business days prior to the hearing of your work licence application. This is to provide both the court and the prosecutors time to check the information in your affidavit.

What do you charge?

We charge a flat fee of $2,990 for a work licence including the guilty plea — no hidden charges or unexpected bills. See our prices page.
  • full preparation for court including checking for defences and devising strategy to minimise penalty
  • contact with the police prosecution unit to obtain your traffic history and charge documents
  • drafting all affidavit material
  • arranging for you to attend a driving course (if appropriate)
  • all telephone calls, emails and meetings with you
  • detailed information to you on the likely penalty and information on what will happen at court and afterwards
  • appearing in the court with you for your guilty plea to the drink or drug driving charge and for the work licence application

If I contacted you what would occur?

If you contact us then Steven Brough the firm’s founder or our office manager Belinda Smyth will take the call or receive the email. They have 40 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.
If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge and work licences. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Every one of our lawyers are very experienced with thousands of courts appearances between them.

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

We have been operating since 2010 and undertaken almost 1,000 successful work licence applications throughout South East Queensland.
If you want to engage us or just need further information or advice then you can either;
  1. Use our contact form and we will contact you by email or phone at a time that suits you
  2. Call us on 1300 952 255 seven days a week, 7am to 7pm
  3. Click here to select a time for us to call you back
  4. Email steven@claritylaw.com.au
  5. Visit our drink driving page
  6. Visit our drug driving page
  7. Visit our work licence page
We cover all courts in South East Queensland from the Gold Coast to Hervey Bay and out to Toowoomba. We have 6 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 work licences and the court process. You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a drink or drug driving charge no matter the reading will have an impact on you, your family and your employment or business.

Need more information?

We have a range of articles on work licences on our blog. Some of the most recent have included:
Special Hardship Orders v Work Licences
How Drink Driving Matters are Heard in Queensland
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 Work licence lawyers page.
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The Essential Guide to Obtaining a Work Licence https://drivinglaw.contentmanagement.se/blog/the-essential-guide-to-obtaining-a-work-licence/ https://drivinglaw.contentmanagement.se/blog/the-essential-guide-to-obtaining-a-work-licence/#respond Tue, 19 Nov 2019 07:42:00 +0000 https://drivinglaw.contentmanagement.se/?p=1232

Introduction

A work licence (also known as a restricted licence, section 87 licence or day licence) is a special type of licence that may be issued by the court to persons convicted of a low or mid-range range drink driving charge (a BAC reading under .15) or certain drug driving charges in Queensland. A work licence replaces your normal Queensland drivers licence for the period of the disqualification imposed by the court.

A work licence can only be used for work purposes; you cannot use a work licence to drive to the shops or dropping kids off at school. A work licence is designed to allow you to continue to earn a living where a driver’s licence is an essential component to you earning that living.

It is also critical to understand that the work licence must be applied for before the court imposes a disqualification period for the drink or drug driving offence. Once the court imposes the licence disqualification you cannot apply for a work licence.

Can I apply?

To be eligible to apply for a work licence you must:

  1. hold a current Queensland open driver’s licence for the vehicle you were driving. The open licence must have been held at the time of committing the offence. Provisional and learner drivers cannot apply for a work licence
  2. have had a blood alcohol level of less than 0.15% or the drug driving offence must be been driving with a relevant drug and not drug driving UIL
  3. not have been driving for your job at the time you were charged. There are some exceptions where driving is not the main component of your job e.g. labourers driving to a work site or fencing contractors picking up materials to use onsite
  4. not have been driving under a licence that required your blood alcohol level (BAC) to be zero e.g. if you are on a learner, provisional, probationary or restricted license.

In the last five years you must not have:

  • been convicted anywhere of drink driving or a similar offence
  • been disqualified by any court
  • had a licence suspended or cancelled (except in some limited circumstances like certain SPER suspensions that did not go to court).
  • Applied for a work licence

What do I need to provide in my application?

To apply for a work licence you must file in the court where your drink driving charge is being heard (and serve on the police prosecutor) at least the following;

  1. An affidavit of yourself setting out;
    1. Your personal circumstances like where you live, with who etc
    2. What work you do and a detailed explanation of what driving for work you need to do
    3. The days and hours you work including any overtime
    4. Why you can’t use taxi’s or public transport
    5. Your financial circumstances including your income and expenses and those of you partner (if applicable)
    6. How your employment or if self-employed your income would be affected by not being granted a work licence
    7. How the drink driving charge came about and if necessary you will need to address other offences on your traffic history (or criminal history)
    8. What conditions the court should impose on your work licence
  2. If you are employed then your employer must provide an affidavit confirming the need for a work licence and if it not granted that you will be deprived of the means of earning your income
  3. An application form for a section 87 (Work licence) available at any court registry for a full use this link www.courts.qld.gov.au/contacts/courthouses

How does the Court judge my application?

In order for the court to grant a work licence you must show the court that you are a ‘fit and proper person’ and that if you don’t get a work licence this will cause you or your family extreme hardship by depriving you of your means of earning a living.

The court will generally judge whether you are a fit and proper person based on your traffic history. Character references can also help a court decide you are a fit and proper person; this is especially true where your reading was mid-range (between .1 and .149). References can be from anyone who knows you well and thus can speak to your character but generally characters references from work colleagues or employers carry the most weight. The other effective thing you can do to improve the courts view of whether you are a fit and proper person is to complete a driving court. There are a number of courses but our strong recommendation is the Queensland Traffic Offenders Program (“QTOP”). The QTOP course is well regarded by the courts and can be done in person or online. Details can be found at their website www.qtop.com.au

The court judges whether you will be derived of the means of earning your income based on yours and if applicable your employer’s affidavit. It is critical to your application to show that you will suffer this extreme hardship. This is usually easier to prove for an employed person as your application must be accompanied by an affidavit of your employer that confirms you will be deprived of the means of earning your income if a work licence is not granted. It is harder to prove for self employed people and may require you to provide financial records to the court or to provide an additional affidavit of your accountant or the person you contract to.

Conditions the Court might impose on a work licence

Generally the court will be looking to impose one or more of the following conditions;

  1. Restricting the days and hours you can drive to the bare minimum to complete you job or business requirements
  2. Restricting whether you can carry passengers
  3. Requiring you to complete a log book before driving
  4. Requiring you to wear your work uniform when driving
  5. Limiting what classes of vehicle you can drive

Before the Court Date

Your need to make sure that before your court date that;

  1. You and your employer need to take the Affidavits to a Justice of the Peace or Solicitor or commissioner of declarations and sign each and every page in their presence;
  2. ensure that the Justice of the Peace or Solicitor witnesses your signature by signing each and every page;
  3. Attend the Court Registry and collect an application form for a work licence (these are also available at Queensland Transport) file your original signed Affidavits with 2 photocopies. The Court will stamp them, keep the original and give you two copies back. It is also a good time to file any character references you may wish the court to read.
  4. Then attend the Police Prosecutions unit (which is generally in the police station near the court, you should ask the court registry where this is) file on of the copies of the affidavits and the pink copy of the application for a work licence. Also give them a copy of any character reference you filed at the registry.
  5. Keep your copies of the affidavits, application form and references and take them to court on the court date.

Things to consider

What should I wear to court?

You should wear the most business like clothes you feel comfortable wearing. Perhaps it best to describe the clothing as what you would wear to a job interview. Please don’t wear clothes you are uncomfortable wearing but don’t wear your work uniform or clothes with prominent logos or writing. Never wear flip flops or shorts to court.

What should I bring to court?

You should have already filed and served on the police prosecutor all your written material.

You should bring a copy of;

  1. Your signed and witnessed affidavit
  2. Your Employers signed affidavit (if not self-employed)
  3. Any character references you wish to present to the court
  4. The application form you filed

You should also bring your driver drivers licence and around $50 to pay for your new licence at Queensland Transport if a work licence is granted.

Will I get a Criminal Record?

No all traffic convictions are just that, traffic convictions, they are not considered to be criminal charges. The courts are unlikely not to record a traffic conviction unless specific evidence is placed before it that a traffic conviction will harm you in some way. It is very rare to have no conviction recorded.

Will my matter be in the Paper?

Possibly, the court is an open court. What this means is that any person is entitled to watch the court proceedings. This also means that a reporter is entitled to report on what occurred in the court. It is not possible to have the court ban the reporting.

How long will I lose my licence for?

This is almost an impossible question to answer. It depends on your circumstances, your traffic history and criminal history (if any), your reading, the circumstances of your arrest and the Magistrate on the day.

Generally the courts will impose a longer disqualification period where you are granted a work licence. This can be up to double the period you would get without a work licence.

A very general guide to penalties is listed below; please note this is not legal advice as to your potential penalty it is merely a rough general guide. Some Magistrates will increase your disqualification period with a work licence, others will not and this is why we cannot give you an accurate idea of your potential disqualification.

Please note: the penalty figures in the table below date from 2019 and may not reflect current amounts. Call us on 1300 952 255 for the current penalties that apply to your charge.

BAC reading

Disqualification period

Fine

.05-.07

1-2 months

$300-400

.07-.08

2-3 months

$400-500

.08-.1

3-5 months

$500-600

.1-.12

5-6 months

$600-700

.12-.13

6-8 months

$700-800

.13-.15

8-11 months

$800-900

Generally any fine will be referred to SPER. You can arrange with SPER to make payments on the fine or to pay it in one lump sum. For more information on SPER visit www.qld.gov.au/law/fines-and-penalties/state-penalties-enforcement-registry. Alternatively you can pay the fine at the court but there may be a delay as the information from the sentence is entered into the database.

What will happen in the court?

Please arrive at least 30 minutes before your court time.

Find out which court you are in and wait outside that court. Turn off your phone.

Eventually a Police Prosecutor will arrive you should then go and speak to them and confirm who you are and that you are applying for a work licence. Please make sure they have all your affidavits.

At this point is a good idea to ask the police for a copy of your charge documents and traffic history. Do this by asking for your “QP9” (this is the document number and is what it is referred to in the courts). Check the QP9 while you wait for the court to start to ensure it is correct. If it isn’t go and talk to the Police Prosecutor.

The court will start when the Magistrate enters, please stand whenever the depositions clerk or Police Prosecutor calls ‘all rise’ and then wait for the Magistrate to sit down before sitting yourself.

Wait for your matter to be called and then approach the table where the Police Prosecutor is. You will stand to the far left of the table. Remain standing while the Magistrate asks what you are doing. Tell the Magistrate that you are pleading guilty to the charge and that you wish to apply for a work licence. Please address the Magistrate as “Your Honour”. The Magistrate will then ask you to sit.

The Police Prosecutor will read a brief statement of facts and give the Magistrate a copy of your traffic history and breath analyst certificate. All of these documents will be in the QP9 so you should have already seen them.

Once the Police Prosecutor finishes the Magistrate will read the affidavits and if they have any queries they will ask you. Generally we find the Magistrates will not ask many questions. If you have not already filed any character reference tell the Magistrate you have some, the Police Prosecutor take them from you and will give them to the Magistrate.

If a work licence is granted a Magistrate will first give you a disqualification period and then a fine and finally will read out the terms of the work licence being granted.

You will then be asked to sit outside the court or at the registry to wait for your work licence order. It is this document that you take to Queensland Transport. Please check the order is correct before leaving the registry.

For more information on how a Magistrate court works go to www.justice.qld.gov.au/justice-services/courts-and-tribunals/going-to-court and select virtual tour from the menu to the left.

I was granted a work licence – now what?

If you are granted the work licence then before you can drive again then you need to go to Queensland Transport and have your licence re-issued as a work licence. You cannot drive to the Queensland Transport office. Also unless you are returning to work or driving for work purposes from Queensland Transport then you would need a lift home as your work licence would not cover for the trip between Queensland Transport and your home but it would cover you to drive from Queensland Transport back to work.

You must also comply with the requirements of any court order in relation to your licence, this may be the requirement to complete a logbook or similar. Also throughout the period of the work licence you must keep a copy of the court order in any motor vehicle you drive.

If you are caught driving outside the terms of your work licence then you will be disqualified for the balance of the disqualification period left to run plus an additional 3 months.

What if I am not granted a Work Licence?

If you are not granted a work licence then you have the right to appeal and this must be done within one calendar month of your court date. Those time limits are very strict. It is beyond the scope of this article to provide information on appealing the refusal to grant work licence, you would need to obtain urgent legal advice.

What happens after my disqualification period?

After the period of disqualification has ended you will need to attend Queensland Transport and reapply for your proper licence. You cannot simply start driving after your disqualification period has ended. Please don’t drive to Queensland Transport as you are not entitled to drive until after you have been to Queensland Transport. Also remember to bring 100 points of ID.

After you have been disqualified you will be on a probationary licence for 1 year, this means that;

  1. You have only 4 demerit points available
  2. You have a zero alcohol limit for 1 year. This 1 year started at the time your licence was disqualified by the court and the work licence granted so you may only have a few months to run at this point.

You do not have to re-sit any tests to get your licence back.

Should I engage a lawyer to apply for a work Licence?

While we obviously have a vested interest in people using a lawyer for a work licence application we are of the strong opinion that if your licence is critical to continuing to earn your livelihood then you use an experienced traffic lawyer.

Some advantages to using a lawyer for a work licence includes;

  1. It will increase the change of getting the work licence and the hours you require significantly
  2. Lawyers know what the Magistrates wants to hear to grant a work licence
  3. They can help minimise your disqualification period
  4. They will make the whole process easier and less stressful
  5. You will have at court someone on your side fighting to get the work licence granted

If I’m going to engage a lawyer why should I engage Clarity Law?

At Clarity Law we are experts in Queensland traffic law. We are in the court every single day helping people with traffic charges. We have successfully argued the court grant over 1,000 work licence applications. You simply can’t find a lawyer with more experience in the courts. We also have upfront fixed fees with no hidden charges.

We cover every court in South East Queensland from Coolangatta all the way to Gympie and out to Toowoomba.

We have eight offices across Queensland — Brisbane (Milton), Gold Coast (Bundall), Sunshine Coast (Maroochydore), North Brisbane (Brendale), Ipswich, Logan (Loganholme), Toowoomba and Hervey Bay (Pialba). Find your nearest on our office locations page.

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

We have been operating since 2010 and undertaken 1000’s of drink driving charges throughout South East Queensland.

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

  1. Use our contact form and we will contact you by email or phone at a time that suits you
  2. Call us on 1300 952 255 seven days a week, 7am to 7pm
  3. Email steven@claritylaw.com.au
  4. Visit our drink driving or work licence page

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 drink driving. You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.

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 Work licence lawyers page.
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