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If you have been charged with drink or drug driving, then a work licence application may be your only option if you need to continue driving for work purposes while your licence remains suspended. The rules are very specific, and you have one shot at it. If you fail, the magistrate will refuse your work licence application, and you cannot apply again. Drink Driver Lawyer has experience with work licence applications every week of the year. We know exactly what the Magistrates Court wants. If you need to continue driving for work purposes, then give us a call to have your case reviewed at no cost.
Who is eligible for a work licence in Queensland
Queensland laws specify particular requirements that you have to fulfil before a magistrate will even consider your application. The requirements are strict rules with no room for exceptions. If you do not meet these requirements, the court will not grant you a work licence, no matter how much you need one.
Licence and offence requirements you must meet
In order to be eligible for a work licence, you must have a current Queensland open licence at the time of the offence. That means you must have a current open licence, not a learner’s permit or a provisional licence. It must be a Queensland licence, and it must be current. An interstate licence does not qualify. You must have a current Queensland driver licence, full stop.
The nature of the offence also needs to be within scope. Work licences are available for drink driving charges where your blood alcohol reading was in the low or mid range alcohol offence range. Drug driving charges are also covered, but only where you are charged for driving with a relevant substance present rather than driving under the influence. If you are charged for a high range reading or for driving dangerously, you are unable to apply for a work licence. The same applies for combination charges.
However, you will also have to prove that you had no similar offence in the five years preceding this one. So, if you’ve had one previous offence for driving while drinking or driving while using drugs, then you’re disqualified from applying.
Situations that make you ineligible to apply
Some disqualifying factors may take you by surprise. If your open licence was already suspended or cancelled at the time you committed the offence for any reason, you are unable to apply. The same applies if you were driving an articulated motor vehicle, road train, vehicle carrying dangerous goods or placard load, a tow truck, a specially constructed vehicle, or a pilot/escort vehicle used to escort an oversize vehicle. These types of vehicles are excluded under the Transport Operations legislation because of the increased risk to users and members of the public in general.
There is also the “fit and proper person” test. The magistrate must be satisfied that you are a fit and proper person to hold a restricted licence. Having a history of traffic offences or warrants out for your arrest can count against you in this case, as can unrelated criminal charges.
How the court process works from first appearance to decision
Why you must apply before entering your guilty plea
This is the single most important procedural step. You must file and present your work licence application prior to entering a guilty plea to the drink or drug driving charge. Once you enter a guilty plea without a work licence application being on foot, the sentencing will then be carried out by the magistrate. The disqualification will then be imposed, and you will have missed the opportunity to apply.
This catches a lot of people who represent themselves. They turn up to court and plead guilty on the first mention, intending to sort out the licence issue later. By that stage, they’ve permanently locked themselves out of the process. If your court date is approaching and you haven’t started preparing your application, get legal advice.
Affidavit material the magistrate needs to see
Your application for a licence lives and dies by the affidavit evidence you provide to the court. The magistrate needs to be satisfied that you need to drive as part of your work to earn a living and that extreme hardship would result for you or your family should you lose your licence. The magistrate also needs to be satisfied that you are a fit and proper person to hold a restricted licence.
In practice, this will involve a detailed affidavit from you about your employment situation, driving requirements, what will happen financially if you don’t drive, and if you have dependents. Information from your employer verifying that you need to drive for work will be almost essential. Character references and proof of ties to the community will also be beneficial. So will proof of steps you have taken since the offence, such as a driver training or interlock program.
Weak affidavit material is a major reason for refusals. A one-page affidavit saying, “I need my licence for work” is not going to get you anywhere. The magistrate wants details.
What happens at the hearing itself
At the court hearing, your application is heard before the plea is entered. Your legal representative will present the affidavit material and make submissions on why you qualify for the eligibility criteria and why the court should be satisfied that you are a fit and proper person. The police prosecutor will have the opportunity to object or express concerns, which may be based on your traffic history or the circumstances of the offence.
The magistrate then makes their decision. If the court grants your work licence, you then plead guilty to the charge, and the disqualification from driving with the work licence conditions applies. If the application is refused, you then have to deal with the charge, and you face the full disqualification period without any driving privileges.
The whole process may take place in one appearance if the paperwork is in order. Adjournments are common in situations where the applicants are not well prepared.
Conditions a magistrate can place on your work licence
A work licence is not a free licence. It is a restricted licence with strict conditions imposed by the court. These conditions are based on your work needs. The magistrate will decide the hours of the day you can drive and the area you can drive in, as well as a condition that the driving must be for work purposes. You may be restricted to driving during business hours on weekdays or may be given more hours if your work requires you to work shifts.
A zero blood alcohol concentration or nil alcohol limit condition is almost certain to be imposed. Some work licences also require you to carry the court order with you whenever you are driving. Breaching any of these conditions is also an offence, and your work licence will be cancelled straight away.
The circumstances will be based on what you can prove in your affidavit. For instance, if you can prove in your affidavit that you need to be driving from 6am to 6pm, Monday to Friday, within the Brisbane metropolitan area, then this is what will be granted by the magistrate. If you have to travel interstate or work on the weekends, this needs to be specifically stated in front of the court for it to be granted.
Work licence vs special hardship order: which one applies to you
These two are constantly mixed up, have different qualifying criteria, and are processed at different courts. Getting these processes mixed up can cost you valuable time, as well as your chances of driving.
A work licence is applicable when your licence is immediately suspended by a police officer due to a drink or drug driving offence. It is an application to the Magistrates Court prior to a guilty plea, allowing you to use your licence for work purposes during your period of disqualification.
A special hardship order is different. A special hardship order is relevant if your licence has been suspended by Queensland Transport through the demerit points system or other administrative grounds (not as a consequence of a drink or drug driving offence). A special hardship order is decided in the District Court and not the Magistrates Court. The test is different and focuses on whether the suspension of your licence would cause you extreme hardship because of mental or physical disability, medical needs, extreme hardship to your family, or other personal circumstances and is not limited to your work needs.
If you were pulled over, gave a breath alcohol concentration reading above the limit, and your licence was suspended immediately by the police officer, then you will be looking at applying for a work licence. If you had your licence suspended because you earned too many demerit points from driving offences, then you will be looking for a special hardship order.
The deadlines, the forms to fill out, the supporting documents needed, and the way the courts handle the case differ between the two. While it may seem like it’s no big deal to start down the wrong path, it can cause you to miss the window of time to apply.
Common mistakes that lead to work licence applications being refused
Magistrates frequently turn down work licence applications, and the grounds for refusing them tend to be the same. Knowing what goes wrong for other applicants will give you a big advantage.
The most common and fatal error is to plead guilty before making the application. This is because self-represented offenders may not understand the court procedure, or the duty legal representatives may rush through the proceedings without noticing the work licence problem. Once the plea is entered, it is too late.
Poorly prepared affidavit material is the second biggest problem. If you are applying for a licence and your affidavit is very brief and vague without any other documents to support your case, you are not helping the magistrate. If your affidavit says you need to drive to work, without a letter from your boss or a description of your job and evidence of how your business will suffer financially without a licence, there’s no basis for the court to grant the application. The same goes for your fit and proper to drive. If you have a history of offences or a poor driving record, without directly dealing with these in your affidavit material, the police prosecutor will bring them up, and the magistrate will draw their own conclusions.
The window of opportunity is another problem. Applicants may take too long, thinking they can sort things out at a later court date. Others may not be aware of their licence type or category of offence and end up wasting time preparing an application that was never going to be successful.
Failure to prove genuine hardship is another reason why applications are refused. “I would prefer to drive to work” is not extreme hardship. You have to prove to the magistrate that there is no alternative but driving and that public transport or even a lift-sharing option is not available in your case. The consequences of losing your licence have to be spelled out.
What to do after your work licence is granted
Once the magistrate grants your work licence, you must take it to Queensland Transport (now TMR) to have your restricted licence issued. Do not assume that you can start driving on the strength of the court order. There is a processing stage. You must check this with your lawyer to ensure that you are not driving before the restricted licence is issued.
It is advisable to carry a copy of the court order with you at all times. In case you are stopped by a police officer, you will need to present it along with your restricted licence. Driving outside the conditions set by the magistrate, no matter how little, is a crime.
Additionally, you will have to comply with the nil alcohol condition for the duration of your licence. Zero blood alcohol concentration means just that, every single time you get behind a wheel.
Once the disqualification period has ended, you must apply for a full Queensland driver licence. TMR will assist you with the process. Your lawyer can assist you through the process, including any interlock program you may need to complete, depending on your offence.
Why Drink Driver Lawyer handles more work licence applications than most Brisbane firms
Drink Driver Lawyer is a law firm specialising in traffic law. This means all lawyers in the practice work on drink driving and drug driving cases, as well as general traffic law. There is no family law department or property settlements to distract us.
That specialisation is immediately applicable to licence outcome results. The firm provides affidavit material based on hundreds of previous licence applications and knows exactly what Brisbane magistrates expect to see. The team knows how each police prosecutor in each courtroom will approach these matters.
Clients also get a fixed fee with no hidden costs. You are aware of the cost of the legal representation before you commit to it, and they have a payment plan in case you are financially strained. The firm provides a free review of the case, where a lawyer evaluates the client’s eligibility and the court process, and then provides you with honest advice on your chances of success.
Get a free case review for your work licence application
If you are charged for drink driving or drug driving in Brisbane and require your licence for work, do not delay until the week before your court date. The sooner you begin, the better your chances. Call Drink Driver Lawyer for a free case review. A specialist lawyer will assess your eligibility and explain what evidence you require. The entire court process is then taken care of for you.
Frequently Asked Questions
Can I apply for a work licence if I was charged with drug driving?
Yes. If you were charged for drug driving, you are eligible to apply for a work licence, provided you meet other requirements for eligibility, including having held a current Queensland open licence at the time you committed the offence and having no prior offence in the last five years for a similar offence.
What happens if the magistrate refuses my work licence application?
You are unable to reapply. It is final in relation to this offence. You will do the full period without any driving privileges. This is why preparation and representation are critical.
How long does the work licence application process take in Brisbane?
If all the paperwork is ready, the application will be heard at the first court appearance. That’s four to six weeks after you’re charged. It can take longer if you need adjournments for more time to prepare. So, the earlier you start, the better.
Can I drive between the court date and getting my restricted licence issued?
No. Once you receive your work licence from the court, there is a waiting period before TMR issues your restricted licence. You are unable to drive until you officially receive your restricted licence, even if you have your court order in hand. Your lawyer will be able to help you understand this process.
Will applying for a work licence increase my disqualification period?
No, it does not. The length of the ban depends on the offence and your previous record, not on whether or not you apply for a work licence. Making the application does not add any penalty; it simply allows you to continue driving, albeit with certain restrictions.
Do I need a work licence if I only drive to and from work?
Yes, you will still need a work licence if you are disqualified from driving and you need to drive to and from work, as driving in any form during your disqualified period will be an offence if you do not have a work licence.