Work Licenses and Special Hardship Order Applications
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"I need to drive for work, but my license has been suspended!"
There are many situations where a person has had their licence suspended, or will have their licence suspended, where they are still required to be able to drive for certain purposes. Both a Work Licence and Special Hardship Order are able to be granted to people who find themselves in this situation, however, each has a separate eligibility criterion and will also result in different licence conditions being able to be imposed by a Court. If you are unsure whether you are eligible for, or your prospects of successfully applying for either a work licence application or a special hardship order, contact TWC Lawyers today for a personalised consultation.
Work License
If granted a work licence, as its name suggests, it allows a person otherwise disqualified from driving to drive for work purposes only. A work licence can be granted for both travel to and from work, in circumstances where there is no other service available to do so, as well as travel during the course of your employment duties.
In order to successfully apply for a work licence, you must meet a strict set of criteria in order to be eligible, namely;
- Hold a current open driver licence; and
- Be charged with and pleading guilty to one of the following offences which results in the loss of your driver licence:
- Drink driving with a blood alcohol content below 0.15 percent; or
- Being in charge of a vehicle whilst over the limit; or
- Driving with cannabis, ecstasy or ice in your saliva or blood; or
- Being in charge of a vehicle with cannabis, ecstasy or ice in your saliva or blood; or
- Failing to supply a breath of saliva sample at the roadside (not at the police station); and
- Not have been driving for your job, or already under a work licence when you were caught for the offence listed above; and
- Not have been convicted of a drink driving or similar offence anywhere in the past five years; and
- Not have been convicted of a dangerous driving in Queensland in the past five years; and
- Haven’t had your licence disqualified, suspended or cancelled in the past five years (with some circumstances which are excepted); and
- Show the Court you are a ‘fit and proper person’; and
- Show the Court that you’ll lose your job (and your income) if you don’t get a work licence, which will cause extreme hardship to you and your family. It is not enough however, that you could lose your job if you could easily get another job you don’t need your licence for.
While the application, including supporting affidavits, should be filed in the Court in advance, it is a requirement that a work licence application must be made to the Court at the time of which you are convicted of the relevant offence and before the Court orders that you are disqualified from driving. For this reason, it is essential that you get legal advice regarding your potential work licence application prior to pleading guilty to your traffic offence. In order to have the best chance at successfully applying for a work licence, and, ensuring that the conditions imposed are not setting you up to fail, TWC Lawyers can assist you to prepare your application and represent you in Court.
Special Hardship Order
A special hardship order, allows a person who has otherwise been suspended from driving, to do so for the purposes of work, study, or for another special reason.
In order to successfully apply for a special hardship order, you must meet a strict set of criteria in order to be eligible, namely;
- Hold a current Queensland open or provisional driver licence currently, or immediately before your suspension; and
- Your licence be suspended (or about to be suspended) due to:
- Being charged with driving more than 40km over the speed limit; or
- More than one demerit point being allocated to your driving history during a 12 month good behaviour driving period; or
- You are subject to a dual suspension where both of the above criteria apply; and
- Not have been convicted of a dangerous driving in Queensland in the past five years; and
- Haven’t had your Queensland licence suspended or cancelled in the past five years, or been disqualified from holding or obtaining a Queensland licence in the last five years; and
- Haven’t had your non-Queensland driver licence suspended in the past five years (with some circumstances which are excepted); and
- Show the Court you are a ‘fit and proper person’; and
- Show the court that you or your family will suffer either extreme financial hardship from being unable to work, or severe and unusual hardship for another reason other than because you wont be able to work.
It is a requirement that the application, including any supporting affidavits and materials, should be filed in the Court within 21 days of your licence being suspended. For this reason, it is essential that you get legal advice regarding your potential work licence application as soon as you receive notification of your licence being suspended. In order to have the best chance at successfully applying for a special hardship order, and ensuring that the conditions imposed are not setting you up to fail, TWC Lawyers can assist you to prepare your application and represent you in Court.