Suspended Licence? Applying for a Special Hardship or Work Licence in Queensland

Losing your driver’s licence can throw your life into complete disarray, especially if you rely on driving for your job, family responsibilities, or essential activities. In Queensland, there are special court applications that might allow you to keep driving under very specific, restricted conditions.

These special allowances are known as Special Hardship Orders or Restricted (Work) Licences. They are two distinct orders, used in different situations, and have strict rules about who can apply.

This article provides an overview of each type and the key steps involved in the application process. The information is general only and does not constitute legal advice. For assistance tailored to your circumstances, we recommend speaking to an experienced lawyer.

Summary of Key Differences

Feature	Special Hardship Order	Restricted (Work) Licence
Why is your licence suspended?	High-speed offence (40km/h or more over the limit), or breaking a “good behaviour” demerit point limit	A drink driving or drug driving offence (provided your BAC was under 0.15 and you weren’t driving under the influence)
When to Apply?	Within 21 days of the licence suspension taking effect	At the time you are convicted by the court, before the Magistrate orders your disqualification
What can you drive for?	Allows driving for specific reasons, which must be proven to the court. This could be for work or other severe hardship reasons (like medical appointments)	Allows driving only for specific work purposes, including travel to and from work (if no other reasonable transport exists) and driving is required as part of your job
Required Licence Type	Queensland Provisional or Open Licence	Queensland Open Licence

1. Special Hardship Order

A Special Hardship Order is for drivers whose licence has been suspended due to:

• A high-speed offence (driving more than 40km/h over the posted speed limit); or

• Accumulating two or more demerit points while driving under a Good Driving Behaviour period (if you previously elected this option instead of an initial suspension).

Who is Eligible to Apply?

To be eligible, you must meet strict criteria, including:

• You held a Queensland Provisional or Open Licence immediately before the suspension.

• Your suspension is for one of the two reasons listed above.

• You have not had your licence suspended, cancelled, or disqualified (with some exceptions) within the last five years.

• You have not been convicted of dangerous driving within the last five years.

What You Must Prove to the Court

Eligibility alone is not enough; you must convince the Magistrate that the loss of your licence would cause:

• Extreme hardship to you or your family by depriving you of your means of earning a living (i.e., losing your job); or

• Severe and unusual hardship to you or your family for other reasons (e.g., being the only person available to drive a family member to regular, necessary medical treatment).

Simply needing the licence for convenience, or for basic tasks like grocery shopping or the school run, will generally not be enough to satisfy the court.

Key Application Steps for a Special Hardship Order

• Act quickly: You must lodge your application with the Magistrates Court within 21 days of your licence suspension taking effect.

• Gather evidence: You will need to prepare a detailed affidavit (a sworn statement) from yourself, and usually one from your employer (or other person whose life would be severely impacted), setting out all the facts to support your claim of hardship.

• Lodge documents: File your application and supporting evidence at a Magistrates Court registry in your district. A court fee applies.

• Notify Transport and Main Roads (TMR): Once your documents are accepted and stamped by the court, you must give a copy to TMR at least seven days before your court hearing. Your suspension is usually lifted until the day before the hearing, allowing you to drive once TMR has received the stamped copies.

• Attend Court: You or your legal representative must attend the court hearing to speak to the Magistrate and ask for the Order to be granted.

2. Restricted (Work) Licence

A Restricted Licence is available for certain drivers facing disqualification for:

• Driving with a blood alcohol concentration (BAC) between 0.05% and less than 0.15%.

• Driving with a relevant drug present in your blood or saliva (but not driving under the influence of drugs).

Who is Eligible to Apply?

To be eligible for a Restricted (Work) Licence, you must meet several criteria, including:

• You held a Queensland Open Licence at the time of the offence.

• You must be facing a disqualification for one of the specific drink or drug driving offences mentioned above (you are ineligible if your BAC was 0.15% or higher, or if you were charged with driving under the influence).

• You have not been convicted of a drink driving, drug driving, or dangerous driving offence in the last five years.

• You have not had your licence suspended or disqualified (with some exceptions) in the last five years.

What You Must Prove to the Court

You must satisfy the court that:

• You are a “fit and proper person” to hold a licence, having regard to the safety of other road users.

• Failing to grant the work licence would cause extreme hardship to you or your family by depriving you of your means of earning a living.

• You must show that losing your job and your income is a likely result if you cannot drive. It is not enough to say that it would be inconvenient or make your job harder.

Key Application Steps for a Work Licence

• Preparation is key: Unlike the Special Hardship Order, you must apply for the Restricted (Work) Licence at the time you are convicted and sentenced for the driving offence. This means you must have all your documents ready before your court date.

• Affidavits: You will need to prepare detailed affidavits from yourself and your employer explaining your essential need to drive for work and the extreme financial hardship that would result if you lost your licence.

• Court hearing: At your court appearance, you plead guilty to the charge and then make the application for the Restricted (Work) Licence.

The Importance of Legal Advice

Both the Special Hardship Order and the Restricted (Work) Licence applications are highly technical processes with strict time limits and complicated legal requirements. The courts do not take these applications lightly. If you fail to meet all the criteria, or if your application documents are incorrect or not persuasive, the Magistrate will refuse the order, and you will lose your only chance to apply.

An experienced Queensland traffic lawyer can:

• Confirm your eligibility.
• Prepare your application and detailed affidavits to maximise your chance of success.
• Represent you in the Magistrates Court.

If you or someone you know is facing a licence suspension or disqualification in Queensland, please contact us today to discuss your circumstances and eligibility for a Special Hardship Order or Restricted (Work) Licence. Please contact us on 07 3281 6644 or email mail@powerlegal.com.au.