Special hardship orders (SHO’s) are a legal option for Queensland drivers who have had their licence suspended due to demerit points or a high speed offence. These orders allow you to drive for specific purposes such as getting to work or medical appointments even though your licence is suspended. The court considers severe and unusual hardship when deciding to grant an SHO, taking into account difficulties beyond employment loss, such as caring for family members or managing health-related needs.
What is a Special Hardship Order?
Definition of a Special Hardship Order
A Special Hardship Order (SHO) is a court-issued restricted licence that allows a driver to continue driving under specific conditions while their regular licence is suspended. This order is typically granted to individuals who have had their licence suspended due to a high-speed offense or the accumulation of demerit points. The restricted licence permits driving for essential purposes such as work or medical appointments, ensuring that the driver can meet critical obligations despite the suspension.
Purpose of a Special Hardship Order
The primary purpose of a Special Hardship Order is to mitigate the severe impact of a licence suspension on a driver’s livelihood and essential needs. By allowing limited driving privileges, an SHO helps individuals maintain their employment, attend medical appointments, and fulfill other crucial responsibilities. This ensures that the licence suspension does not result in extreme hardship for the driver and their dependents, while still upholding road safety regulations.
Eligibility for Special Hardship Licence
To be eligible for an SHO you must:
- Have a current Queensland driver licence
- Hold a valid provisional or open licence
- No suspension or disqualification in the last 5 years
- No other viable means of transportation
- Be a fit and proper person
- Show that extreme hardship would result from licence suspension
- Individuals with a non-Queensland driver licence are ineligible to apply
Application and Court Hearing Date Timeline
You must apply within 21 days of your licence suspension. Applying for a special hardship order within this timeframe is crucial to ensure your application is considered. Here’s the process:
- Complete Special Hardship Order Application (Form F4401)
- Gather supporting affidavits and documents
- Lodge the application at your local magistrates court registry
- Send a copy to the Department of Transport and Main Roads at least seven days before the court hearing date
Documents Required
Your application must include:
- Personal affidavit detailing the hardship
- Employer affidavit (if applying for work purposes)
- Traffic history
- Criminal history (if applicable)
- Evidence of no other transport options
- Medical records (if applicable)
- Proof of completion of a traffic offender program
- Statutory declaration to support the application (if required)
Magistrates Court and Assessment
A magistrate will assess each application individually considering:
- The level of hardship shown
- Supporting documents
- Personal circumstances
- Other transport options
- Previous driving history
- Whether the applicant faces unusual hardship
Conditions
- Restricted times and days
- Vehicle type restrictions
- Purpose of driving restrictions
- Logbook requirements
- Uniform requirements
- Zero demerit points
Keeping Your Order
To keep your SHO valid you must:
- Keep an accurate logbook of all trips
- Follow all conditions
- Carry your order with you while driving
- Notify the court of any changes
- Not accumulate any demerit points
Variation Process
If your circumstances change you can apply to vary by:
- Completing a ‘Variation of special hardship order’ form (F4375)
- Lodging at the Magistrates Court
- Supporting documents for the requested changes
Penalties for Breach of Special Hardship Licence
Breach of SHO conditions can result in:
- Fines over $3,200
- 3 months licence disqualification after the order period
- Order suspended immediately
- Double suspension period if demerit points are accumulated
Common Mistakes to Avoid
Applications are often refused because of:
- Missing or incomplete affidavits
- Not completing traffic offender program
- Not enough proof of extreme hardship
- Not addressing public transport options
- Incomplete or incorrect documents
- Failure to obtain a replacement licence after a court decision
Legal
While SHOs can be a lifeline for people facing licence suspension, they are not a guarantee. It’s recommended you seek legal advice before applying to ensure:
- Your application is complete
- You understand the conditions
- You have enough supporting documents
- You’re prepared for the court hearing
- You understand the legal consequences of violating the speed limit, particularly driving more than 40 km/hr over the limit
Emergency Provisions
There are special provisions for emergency situations while driving under an SHO. These must be documented and reported according to the specific guidelines to avoid breaching the order.
Interstate Travel
SHOs are Queensland orders and restrictions apply when driving interstate. Check the limitations before you travel interstate. Remember SHOs are to alleviate extreme hardship while maintaining road safety. Success in getting and keeping an order depends on following all requirements exactly and showing genuine need through proper documentation and compliance with the conditions.
Refusal of a Special Hardship Order
What if the Magistrate Refuses your Application?
If the Magistrate refuses your application for a Special Hardship Order, the driver licence suspension will remain in effect for the entire suspension period. This means you will not be permitted to drive for any reason during this time. Any time already served under the suspension before the application will be deducted from the remaining period. The decision made by the Magistrates Court is final, and there is no opportunity for appeal. Therefore, it is crucial to seek legal advice before applying for a special hardship licence to ensure that your application is thorough, well-documented, and professionally presented. This preparation can significantly increase your chances of a successful outcome.
