Work Licences in Queensland: Restricted Licences & Special Hardship Orders Explained
Life without a driver’s licence can cause significant challenges, especially if your livelihood depends on driving.
Fortunately, Queensland law provides relief for those facing licence disqualification through two key types of work licences: the Restricted Licence (Section 87 Licence) and the Special Hardship Order (SHO).
This guide will help you understand each type of licence, their eligibility criteria, and the application process.
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Understanding Queensland's Work Licences
Queensland offers two main options for drivers who face licence suspensions or disqualifications but need to drive for work-related or personal hardship reasons:
Eligibility Criteria for Restricted Licences & Special Hardship Orders
While both the Restricted Licence and SHO have similar eligibility criteria, there are key differences to note. Here's what you need to know:
General Eligibility Criteria for Both
• You must hold a valid Queensland driver’s licence.
• You must not have been disqualified or suspended from holding a licence in the last five years (some exceptions apply).
• You must be considered a “fit and proper person” to hold the licence.
• You must not have a viable alternative mode of transport.
• If applying for a work-related purpose, and you're employed (not self-employed), your employer must provide an affidavit confirming that your employment will be terminated if you are unable to drive.
Specific Criteria for a Restricted Licence (Section 87 Licence)
• The application must be made before your sentencing and heard at the same time as your sentencing. You cannot apply for a Restricted Licence after the sentence has been imposed.
• You can only apply for a Restricted Licence if you are disqualified for one of the following offences: o Low-range drink driving. o Mid-range drink driving. o Driving with a relevant drug present in your blood or saliva.
• You must hold a Type O licence (P-platers and L-platers are not eligible).
• You cannot be granted a Restricted Licence if you were driving for work purposes at the time of the offence.
Specific Criteria for a Special Hardship Order (SHO)
• You can apply for an SHO any time during your licence suspension period.
• SHOs can be granted for suspensions due to excessive demerit points or a high-speed driving suspension, but not for drink or drug driving offences.
The Application Process for Work Licences
If you’re eligible for a Restricted Licence or a Special Hardship Order, the next step is applying. The process is as follows:
Book a ConsultationPrepare Affidavit Materials
We will draft all the necessary affidavit documents, ensuring that all eligibility criteria are clearly outlined and supported.
Swearing the Affidavits
The affidavits must be sworn either at our office or before a qualified individual.
Filing in Magistrates Court
The affidavit materials need to be filed at the relevant Magistrates Court registry.
Serving the Documents
The sealed affidavits must be served to the other party, which is typically either Police Prosecutions or the Department of Transport and Main Roads.
Court Hearing
Your application will be heard before a Magistrate, where we will present your case and make submissions on your behalf.
Post-Approval
If the licence or order is granted, you will need to attend a Transport and Main Roads (TMR) service centre to have the condition placed on your licence.
Why Work with Bazzi Law?
At Bazzi Law, we understand the stress and challenges of facing licence suspension or disqualification, especially when your livelihood is on the line.
Our experienced team specialises in traffic law and will guide you through the process, from preparing your affidavits to representing you in court.
We know that every case is unique, and we’re dedicated to finding the best solution for you, whether that’s securing a Restricted Licence or a Special Hardship Order.
Our priority is to ensure that you can keep driving under the necessary conditions, minimising the disruption to your life.