You may qualify for a special hardship drivers licence if your licence was suspended for accumulating too many demerit points (either an open, provisional or good behaviour licence) unless, within the last 5 years:

1. Your licence was suspended (including if you were granted a special hardship order); and/or
2. You were disqualified from driving; and/or
3. Your authority to drive in Qld on a non-Qld licence was cancelled; and/or
4. You were convicted of dangerous driving; and/or
5. You were made ineligible to apply for a licence as because of committing driving offences while unlicensed.

You may qualify for a restricted, special hardship (work) drivers licence if you fit these criteria:

1. You must hold a current Queensland open licence;
2. Your licence has not been suspended, cancelled or disqualified in the last 5 years;
3. You must not have been convicted of dangerous driving, drink driving or similar offence in the last 5 years;
4. Your blood alcohol reading was below 0.15% or you were convicted of driving with a relevant drug present in your system but not for being under the influence of drugs;
5. Not have been driving on a licence which required your blood alcohol level to be zero;
6. Not have been driving for work or any activity directly connected with your work or on a work licence already at the time of your charge.

Even if you are not eligible for a restricted or special hardship licence our experienced lawyers may be able to assist you in trying to get the disqualification period for as short a period as possible if you have been charged with a drink, drug, dangerous or careless driving type offence.

To apply for a restricted licence, or special hardship licence (also known as a work licence) you, or your traffic lawyer on your behalf, need to file the Application with the Magistrates Court and serve a copy on both the Police Prosecutions and the Traffic Prosecutions departments. You then have to attend at Court to have the Application heard. This is usually done at the same time that you plead guilty for the drink driving (DUI) offence. When you plead guilty, you will then be sentenced and you will receive a penalty for that drink driving offence. This can include a period of imprisonment, but for lesser offences or first time offences it is open for a court to issue you a fine as a penalty, along with the disqualification.

If you have lost your licence due to an accumulation of too many points, or did not have to attend Court to plead guilty; then your application will be listed on a date that you have to attend.

You are not automatically granted a restricted or special hardship licence. The Court still has to hear the Application and consider whether it should be granted. Among other things, the Court has to consider if you are a ‘fit and proper person’ to hold the licence. This includes consideration of the circumstances that led to the loss of your licence. It is important that you engage a lawyer who has years of experience drafting and successfully applying for these licences.

If you are granted a licence, it is important to remember that you have to hand in your original licence and then attend at the Department of Transport and Main Roads to have the new licence issued. When your disqualification period ends, you then must attend at the Department of Transport and Main Roads to obtain a new licence again.