Applying to the Court for a restricted work drivers license in Queensland.

Publications > Applying to the Court for a restricted work license in Queensland.

 

Work Licenses In certain circumstances where the driver of a motor vehicle may have their licence suspended or possibly cancelled, they may be able to apply to a Court for a restricted licence. There are two specific ways a Queensland driver may obtain a restricted licence, either through:

 

	a Work Licence (under section 87 of the Transport Operations (Road Use Management) Act 1995); or
	a Special Hardship Order (under Part 6C of the Transport Operations (Road Use Management – Driver Licensing) Regulation 1999).

 

These types of restricted licenses are only available to apply for drivers who meet specific conditions; and only in certain circumstances. Even if a driver is eligible to apply, a Court may still decide not to issue a restricted licence. 

 

The Work Licence is explained below along with the conditions a Queensland driver must meet in order to be eligible to apply.

 

For further information on obtaining a Special Hardship Order, please refer to the Special Hardship Order article located on this website.

 

Work Licence

A work licence is a restricted licence that allows a person found guilty of a drink driving or related offence to drive for employment purposes only . It is important to note that an application for a work licence must be made before a conviction is made (i.e. before a driver is sentenced) .

 

Eligibility

A driver is eligible to apply for a work licence if:

	they have a Queensland licence (open, provisional or learners) at the time of the offence and immediately before the disqualification in respect of which the work licence application is made
	they have been charged with either:
	driving under the influence of alcohol (not drugs);
	failing to provide a specimen of breath or blood: or
	being in charge of a vehicle while a relevant dangerous drug is in your saliva/blood (this does not include the charge of driving whilst under the influence of drugs); and
	they need their driver’s licence to keep their job;
	at the time of the offence, the driver was not driving for work purposes ;
	at the time of the offence, the driver was not already on a work licence ;
	they have not been convicted anywhere of a drink driving offence or related offence in the last five years ;
	they have not been disqualified from holding a licence or had their licence suspended or cancelled in Queensland (not including a suspension by SPER ); and
	their blood alcohol concentration was below 0.15% during the time of the offence .

 

If all of these circumstances apply to a driver, then they may be eligible to apply for a work licence. However, a driver is excluded from applying for a work licence in certain circumstances.  An applicant should always consult a Solicitor before beginning an application to ensure that they are eligible.

 

Preparing an application

 

Before making an application to the Court, a driver seeking a work licence should first decide whether they are pleading guilty or not guilty to the charge. A driver who has been issued an on-the-spot ticket for drink driving will need to complete a different application and should seek further legal advice before applying.

A Court will not grant a work licence unless the applicant can show the Court that:

 

	they are a fit and proper person to hold a restricted licence, having regard to the safety of other road users and the public generally; and
	the refusal of a work licence would cause extreme hardship to the driver or their family by depriving them of the means of earning their livelihood .

 

An applicant should ensure that they have received fully informed legal advice as to how they should plead and how best to maximise their chances of success with an application.

 

Receiving a Work Licence Order

 

After all the evidence is presented to the Court from both parties, the Magistrate will decide:

	what the appropriate penalty should be imposed on the applicant for the drink driving offence;
	whether to grant a work licence; and
	if a work licence is granted under what conditions .

 

If an applicant receives a fine which they are having trouble paying, they may ask the Court at any time before the full amount is due for a Fine Option Order which allows the applicant to pay off the fine through community service .

 

If a Magistrate decides to grant an applicant a work licence order, the restricted licence must restrict the use of the licence to specified circumstances directly connected with the applicant’s means of earning an income . Further, the order may include, but is not limited to including restrictions on:

 

	the class of vehicle which may be driven;
	the purpose for which the vehicle may be driven;
	the times at which or period of time during which a vehicle may be driven ; and
	the carrying of passengers in the vehicle.

 

Conclusion

 

After the hearing and application is finalised in Court, the applicant can wait in the Magistrates Court while the order documents are prepared. An applicant who receives a work licence order from the Court must remember that a work licence order is not a work licence.

After receiving the order, the applicant must attend a Queensland Transport Customer Service Centre to receive their work licence.  A successful applicant cannot under any circumstances drive until they have been issued with the work licence from Queensland transport .

 

The work licence will generally last for the entire period of the disqualification. If the period of disqualification lasts longer than the work licence, a holder of a work licence must wait till the end of the disqualification period before re-applying for an open/provisional licence .

Jay Ruthnam

Associate

 

 

 

"The information contained in this article is general in nature and cannot be regarded as anything more than general comment.  Readers of this article should not act on the basis of this comment without consulting one of Rostron Carlyle's legal practitioners who will consider their particular circumstances".

 

Expertise

 

Rostron Carlyle's lawyers have a wide range of experience assisting people to apply for work licenses.

 

Not only will you find that Rostron Carlyle is likely to have assisted someone in your exact situation, but you’ll find that a Rostron Carlyle lawyer can distill a complex legal issue into a set of actionable options for you to consider.

 

A Rostron Carlyle lawyer will be a person that you can relate to.  We'’ll talk your language. Most

importantly, a relationship with a Rostron Carlyle lawyer will be "a relationship you can rely on".

 

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