A restricted licence (also known as a ‘work licence’) for licence holders convicted of a drink driving offence or an offence of driving while a relevant drug was present.

If this matches your circumstances, you may apply to the court for a restricted licence to drive only at certain times or between certain places for employment purposes.

 

Such a licence is only available for drink or drug driving convictions.

Before granting a restricted licence, the Court must be satisfied that certain criteria are met:

• You are a fit and proper person to hold a restricted licence.

• The refusal of a licence would cause extreme hardship to the applicant or the applicant’s family by depriving the applicant of their livelihood.

• Your licence (provisional or open) has not been suspended, cancelled or disqualified in the previous five years, which does not include:

  • suspension, cancellation or disqualification set aside on appeal

  • suspension, cancellation or disqualification due to mental or physical disability

  • State Penalties Enforcement Registry suspension

  • suspension for not appearing in Court

  • 24-hour suspension

  • suspension resulting in a special hardship order.

• The offence is related to a blood alcohol concentration of less than 0.15.

• The applicant was the holder of an open or provisional licence.

• The offence was not committed while the applicant was engaged in a work-related activity.

• The applicant was not previously convicted of a drink driving or dangerous operation offence in the previous five years (including a similar offence outside Queensland).

• The applicant was not subject to a no-alcohol limit for any reason

 

If granted, the magistrate will impose certain mandatory conditions. Therefore, it is vital that in the application all your requirements that are necessary for your employment are set out.

Conditions must restrict the use of the licence to circumstances directly connected with the person’s means of earning their livelihood, and they may also restrict the type of vehicle driven, the purpose for which it may be used, the times it may be used and even allow only nominated vehicles of a particular employer to be driven

 

Replacement Licence

If your licence has been suspended until the charge is finalised you may apply to the court for a replacement licence to continue to drive in stated circumstances.

A replacement licence conditions  and criteria are similar to a restricted licence.

 

The difference between a suspension and a disqualification.

Suspension

In a nut shell a suspension is temporary for reasons such as unpaid fines or the accumulation of demerit points. Queensland TMR normally write to you and inform you that your licence is suspended, however the onus is on you to be aware, so check online with TMR if you believe you are at risk of a suspension.

Once the suspension period is over, you do not need to re-apply for your licence – the suspension is simply lifted and your licence will revert to a valid one.

 

Disqualification

Disqualification is ordered by the Court. Usually as a result from convictions for certain traffic offences (such as drink driving or dangerous driving).

The Court will make the order at the time of sentencing and it will apply immediately.

You must surrender your licence to the Court or Queensland Transport  immediately upon the disqualification being ordered. Be aware it is an offence to have in your possession a disqualified licence.

Once the disqualification is over, you will need to re-apply for your licence. Depending on how long you were off the road and what offence/s you were convicted of, you may also be made subject to restrictions on your licence (such as a no-alcohol condition or a requirement to fit an interlock device to your car, or a reduced number of demerit points).

 

You may now realise why it is absolutely necessary that you immediately contact Campion Legal for all traffic offence matters.  

Call Campion Legal for expert traffic law representation. 

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