TRAFFIC OFFENCES & RESTRICTED LICENCES

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Traffic offences encompass a wide range of behaviours, from minor infractions such as running a red light or exceeding the speed limit by a few kilometres, to serious offences like dangerous driving causing death, which carries a maximum penalty of 10 years imprisonment.

While minor traffic offences are often resolved with an on-the-spot fine, more serious offences require the accused to attend court to address the matter.

We can assist you with the following traffic offences:

• Drink Driving
• Drug Driving
• Driving Without a Licence
• Speeding – High-Speed Suspensions
• Failure to Stop – Evade Police Offence
• Unlicensed Driving
• Dangerous Driving

What is a Work Licence?

A work licence (also known as a restricted licence) allows individuals convicted of drink driving or drug driving to drive for work purposes during their licence disqualification period. Applying for a work licence involves a hearing before a Magistrate, who decides whether to grant the licence. The process requires meeting strict eligibility criteria and preparing detailed supporting documentation.

To apply for a work licence, you must meet the following conditions:

• Hold a current Queensland driver licence at the time of the offence.
• Have a blood alcohol concentration below 0.15%.
• Demonstrate to the court that you are a "fit and proper" person to drive, considering the safety of other road users.
• Prove that losing your licence would result in extreme hardship to you or your family.

You are not eligible if:

• You were driving in connection with your employment at the time of the offence.
• You were under 25 years old and driving under a learner, provisional, or probationary licence.
• You were driving on a licence requiring a nil alcohol reading.
• You are unemployed or seeking work.

Applications for a work licence are made under section 87 of the Transport Operations (Road Use Management) Act 1995. You must apply immediately after pleading guilty or being found guilty, and before the Magistrate orders the disqualification period.

Required documents include:

• Application for an Order directing the issue of a Restricted Licence (s87).
• An affidavit detailing the offence, family circumstances, employment, financial situation, and evidence supporting your "fit and proper" status.
• An affidavit from your employer confirming your position, employment details, and the impact of losing your licence.

These documents must be sworn before a Commissioner of Declarations, Justice of the Peace, or Solicitor, filed with the court, and served on the police prosecutor before the hearing.

At the hearing, the Magistrate will review your documentation, hear submissions from the prosecutor and your lawyer, and decide whether to grant the work licence. If approved, the disqualification period may be doubled.

Conditions may include:

• Vehicle class restrictions.
• Specific purposes, days, and times for driving.
• Keeping a logbook.
• Wearing a uniform (if applicable).
• Prohibition on carrying passengers.

Driving in breach of these conditions is an offence and may result in losing the work licence and additional penalties.

What is a Special Hardship Order?

A special hardship order allows individuals to continue driving under strict conditions while their licence is suspended due to:

• A high-speed offence (driving more than 40km/h over the speed limit).
• Loss of a good driving behaviour licence due to accumulated demerit points.

To apply for a Special Hardship Order, you must:

• Hold a current Queensland provisional or open driver licence immediately before suspension.
• Demonstrate to the court that you are a "fit and proper" person to drive.
• Prove that refusal of the Special Hardship Order would cause:
  • Extreme hardship by depriving you of your ability to earn a living.
  • Severe and unusual hardship for other reasons, such as being the sole provider of transport for medical treatment.

You are not eligible if:

• You are unemployed or seeking work.
• You need the licence for household errands or school runs.
• Your employer can offer you a position that does not require driving.

Applications for a Special Hardship Order are made under Part 14 of the Transport Operations (Road Use Management - Driver Licensing) Regulation 2010. You must apply within 21 days of your licence suspension.

Required documents include:

• Special Hardship Order Application.
• An affidavit detailing the offences, family circumstances, employment, financial situation, and evidence supporting your "fit and proper" status.
• An affidavit from your employer confirming your position, employment details, and the impact of losing your licence.

These documents must be sworn, filed with the court, and served on Queensland Transport Prosecution Unit at least 7 days before the hearing.

At the hearing, the Magistrate will review your documentation, hear submissions from Queensland Transport and your lawyer, and decide whether to grant the Special Hardship Order.

Conditions may include:

• Vehicle class restrictions.
• Specific purposes, days, and times for driving.
• Keeping a logbook.
• Wearing a uniform (if applicable).
• Prohibition on carrying passengers.

Driving in breach of these conditions is an offence and may result in losing the Special Hardship Order and additional penalties.

Work licence applications and Special hardship orders are complex, and Magistrates take them seriously. 

Benefits of legal representation include:

• Comprehensive preparation of court documents.
• Direct communication with your employer and Queensland Transport.
• Priority in court hearings.
• Expert advocacy tailored to Magistrates' expectations.