In Queensland, losing your driver’s licence due to a drink or drug driving offence can have serious consequences, especially if you rely on your licence for work. However, Queensland law provides an opportunity for eligible individuals to apply for a work licence in Qld, allowing them to continue driving for employment purposes even if they’ve been disqualified from holding a regular licence.
This article will guide you through the eligibility requirements, the application process, and other critical details surrounding a work licence in Qld to help you understand your options and take action if you need to apply for one.
What Is a Work Licence?
Licensing in Qld is governed by the Transport Operations (Road Use Management) Act 1995 (Qld). Under Section 87 of the Act, individuals who meet certain criteria may apply to the court for a restricted work licence.
A work licence in Qld is a special type of restricted licence available to drivers who have been convicted of certain drink or drug driving offences. This licence allows a person to continue driving for work-related purposes despite being disqualified from holding their regular driver’s licence.
It’s important to note that a work licence is not automatically granted and is subject to strict conditions. The court must approve your application, and you can only use this licence for the specific purposes of your employment.
A work licence is strictly for employment purposes. If your suspension or disqualification is related to non-drug or non-drink driving matters, such as demerit point accumulation, you may be eligible to apply for a Special Hardship Order instead, which is different from a work licence and subject to other legal criteria.
How Do I Determine If I am Eligible For a Work Licence in Qld?
To be eligible for a work licence in Qld, you must satisfy the following conditions:
- Be a fit and proper person: The court must determine that you are a fit and proper person to hold a restricted licence, considering public safety and the safety of other road users.
- Employment dependence: You must show that losing your licence would cause extreme hardship to your ability to earn a living, and that refusal of the licence would negatively affect you or your family.
Reasons You May Be Ineligible
Not everyone can apply for a work licence in Qld.
You are not eligible if:
- You didn’t hold a valid open licence at the time of the offence.
- You were driving a vehicle that you were not authorised to drive under your licence.
- Your blood or breath alcohol concentration (BAC) was 0.15% or higher.
- You were driving in connection with your job (e.g., if your work involved driving a truck, taxi, or other professional vehicle).
- You were driving a vehicle carrying dangerous goods or were working as a driver trainer.
- Your licence has been suspended or cancelled in the past five years, or you have been disqualified from holding a Queensland driver’s licence for reasons unrelated to drink or drug driving.
- You have been convicted of drink or drug driving or dangerous driving in the last five years.
Exceptions
Certain licence suspensions or disqualifications may not affect your eligibility to apply for a work licence in Qld.
These include:
- Suspensions that were set aside on appeal.
- Suspensions due to a mental or physical disability.
- Situations where a special hardship order was granted.
- Licence suspensions due to unpaid fines or a 24-hour suspension related to drink or drug driving.
- Immediate suspensions following a mid-range alcohol offence.
Conditions for Holding a Work Licence in Qld
If your application is successful, the court will issue an order for a work licence in Qld with specific conditions. These conditions restrict when, where, and for what purpose you can drive.
The licence will only allow you to drive for work-related purposes and may include the following conditions:
- Restricted driving hours: You will only be permitted to drive during the hours necessary for your employment.
- Vehicle class: You may be restricted to driving specific classes of vehicles related to your work.
- Geographic limitations: You may only be allowed to drive within certain areas for job-related purposes.
- Zero Blood Alcohol Concentration (BAC): You must have a BAC of zero while driving under a restricted licence. Any violation will result in immediate cancellation of your work licence.
Additionally, you must carry your work licence and court order with you whenever you drive and present it to a police officer upon request. You are also prohibited from supervising a learner driver while holding a restricted licence.
What Happens if You Don’t Qualify for a Work Licence?
If you are not eligible for a work licence in Qld or your application is denied, you will be disqualified from driving for the full term of your suspension. Driving without a valid licence during this time can lead to further penalties, including fines, longer disqualification periods, and possibly imprisonment.
Need Assistance Applying For a Work Licence in Qld?
Applying for a work licence in Qld can be a crucial step if your ability to drive is necessary for your employment. However, strict eligibility criteria and conditions apply, and the application process must be followed carefully. It is important to gather all the necessary documentation and make your case to the court to improve your chances of success.
At Smith Cambridge Lawyers, we understand that losing your licence can be a stressful and challenging experience, especially if it affects your livelihood. Our team specialises in helping clients with work licence applications and guiding you through the legal process after a drink or drug driving conviction. We also provide support for a range of criminal law matters, including drug charges and assault. Contact us today or visit our website to learn more about our services and how we can assist you with criminal defence and traffic law issues.
