Licence applications
Special hardship orders in Queensland
A special hardship order is the application for drivers whose licence has already been suspended by Transport and Main Roads, not by a court. It is narrow. Two suspension types qualify, a five year lookback rules many people out, and the filing window is 21 days from when the suspension starts.
Only two suspensions qualify
This is where most enquiries end. A special hardship order is not a general remedy for losing your licence.
| How you lost your licence | Special hardship order? |
|---|---|
| High speed offence, 40km/h or more over the limit | Yes |
| 2 or more demerit points during a good driving behaviour period | Yes |
| Straight demerit point suspension after choosing suspension instead of good driving behaviour | No, choose the good driving behaviour period instead |
| SPER suspension for unpaid fines | No, deal with the fine or a payment plan |
| Court disqualification for drink or drug driving | No, see the work licence |
| Immediate suspension under s 79B pending your court date | No |
| Medical or licence cancellation | No |
If your problem is a pending drink or drug driving disqualification rather than an existing suspension, the application you need is a section 87 work licence.
The demerit point trap
An open licence holder who accumulates 12 or more demerit points in three years receives a notice with a choice: accept a suspension, or take a one year good driving behaviour period.
| Demerit points in 3 years | Suspension if you choose suspension |
|---|---|
| 12 to 15 points | 3 months |
| 16 to 19 points | 4 months |
| 20 or more points | 5 months |
Choosing the good driving behaviour period keeps you driving, but you must not accumulate 2 or more demerit points in the following year. If you do, you are suspended for double the original period, and it is that doubled suspension that opens the door to a special hardship order.
If you simply accept the initial suspension, no hardship order is available. Read the notice carefully and take advice before you tick a box, because the choice is not reversible.
The five year lookback
You are excluded if, in the five years before you apply, any of the following has happened.
- Your Queensland licence was suspended or cancelled, for any reason, including a SPER suspension.
- You were disqualified from holding or obtaining a Queensland licence.
- You held a previous special hardship order or restricted licence.
- You were convicted of dangerous driving.
You are also excluded if the suspended licence was a learner licence, or if you hold a non-Queensland licence.
Get your traffic history from Transport and Main Roads before you spend money on affidavits. It shows every suspension, including the short administrative ones people forget.
What you are asking the court for, and what you get
The order specifies the driving you are permitted to do during the suspension. Not the driving you would like to do, the driving you need.
The court must be satisfied you are a fit and proper person to hold a special hardship order having regard to road safety, and that the suspension causes you either extreme hardship by depriving you of your means of earning a living, or severe and unusual hardship for some other reason.
If granted, you obtain a replacement licence carrying the X3 condition code. A zero blood alcohol requirement and a zero demerit point limit apply throughout, and picking up any demerit points suspends you for double the order period.
The procedural detail, the filing steps and the affidavit content are set out on our special hardship licence application page.
Last reviewed 3 August 2026 by the TWC Lawyers team. Queensland penalty units and court fees are indexed on 1 July each year. Check current figures before you rely on them, or ask us.
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