Work / Restricted Licences

In Queensland, there are several offences that are subject to mandatory licence disqualification. For these offences, the Court must disqualify you from holding or obtaining a Queensland driver licence for a period of time.  This means that a period of disqualification must be imposed regardless of your personal circumstances, or the impact the disqualification will have on you.

However, you can apply for a Restricted Licence (also called a “work licence”) if you meet certain criteria.  You are only able to apply for a Restricted Licence if you have been charged with:-

• low or mid range driving (with a Blood Alcohol Concentration of 0.149 or below); or
• driving with a relevant drug in your system; or
• failing to provide a specimen of breath.

You must intend to plead guilty to the offence, and be able to satisfy the presiding Magistrate that you are a fit and proper person to hold a Restricted Licence.  You must also demonstrate that you would lose your job and suffer severe financial hardship if you were not granted a Restricted Licence.

What if I have been charged with a different offence?

You are unable to apply for a Restricted Licence if you do not meet the above criteria.  This includes being charged with a different offence to those listed above, regardless of whether any mandatory period of disqualification applies. 

For example, the presiding Magistrate must disqualify your driver licence for a minimum of six months if you are charged with driving under the influence of liquor (high range drink driving, with a Blood Alcohol Concentration of 0.15% or above).  Although this is a drink driving offence, you are unable to apply for a Restricted Licence regardless of the impact on your employment and financial circumstances.

Other eligibility

There are certain circumstances that will make you ineligible for a Restricted Licence.  You will not be eligible to apply for a Restricted Licence if:-

• You did not hold an open Queensland Driver Licence at the time of the offence;
• You were driving for purposes connected to your employment at the time of the offence;
• You have been convicted of drink or drug driving within the last five years; or
• You have been convicted of dangerous driving within the last five years.

You are also ineligible if your licence has been suspended, disqualified or cancelled within the last five years.  There are some exemptions to this, including if you were subject to a suspension due to the non-payment of a fine, or if you were subject to a 24 hour suspension after being charged with an offence.  However, the criteria are strict.  You should seek legal advice if you are unsure whether you are eligible to apply for a Restricted Licence.

What is the Application process?

You will need to indicate to the presiding Magistrate that you intend to file an Application for a Restricted Licence.  Your matter will be adjourned to allow you time to prepare your Application and the supporting documents. 

You must file:-

• Your Application;
• An Affidavit, setting out your employment, need for licence and financial circumstances; and
• An Affidavit from your employer, if you are not self-employed.

The presiding Magistrate will consider the material before the Court when deciding your Application.  It is important that your material provides the presiding Magistrate with all required information.  If your Affidavit is insufficient, your Application may be refused or the presiding Magistrate may require you to answer further questions. 

What happens if my Application is granted?

If you are successful, you will be able to drive for purposes directly connected to your employment during your period of disqualification.  The times and days that you are able to drive will be specified, as will any other conditions of your Restricted Licence. 

The conditions of your Restricted Licence will be specific to you.  However, conditions commonly imposed include that you must wear a uniform while driving, that you cannot carry passengers and that you must complete a log book each time you drive. 

Do I need a lawyer?

The application process is quite lengthy and you are required to provide the Court significant detail regarding the financial hardship you would suffer if you were to lose your licence.  You must also show that you are a fit and proper person to be granted a Restricted Licence.  There is no appeal process, and therefore it is important your documentation is prepared correctly to give you the best chance at success.

We recommend that you seek legal advice in relation to your eligibility for a Restricted Licence, and to assist you in preparing your material and appearing at the Hearing of your Application.

If you would like more information regarding your eligibility for a Restricted Licence, or our assistance in preparing your material, please contact our office on (07) 4963 2000 or via our online contact form below.