Special Hardship Order Application QLD
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Specialist Advice for QLD Special Hardship Order Approvals
A Special Hardship Order (SHO) is a court order that allows you to drive under strict conditions if your licence was suspended due to exceeding demerit points or driving more than 40km/h over the speed limit. SHO’s are only granted in exceptional circumstances where losing your licence may result in extreme hardship, such as losing your job or being unable to meet important commitments.
At Drink Driver Lawyer, we particularly specialise in helping clients obtain SHO’s by guiding them through the legal process, ensuring the application is well-prepared and representing them in court to maximise the chances of approval.
Our team understands this is a difficult time in your life, the impact of losing your licence can affect your employment and daily responsibilities. We are committed to every client and ensure they receive personalised support and the best possible outcome in court.
Who Can Apply for a Special Hardship Order in QLD?
You can only apply for a SHO if your Queensland driver’s licence has been suspended due to:
Accumulating too many demerit points during a good behaviour period; or
A high speed driving offence (driving more than 40km/h over the speed limit).
To qualify, you must prove to the court that losing your licence would cause extreme hardship due to financial and/or severe and unusual hardship due to personal circumstances. You must also demonstrate that you’re a ‘fit and proper person’ to drive in the community while under restricted conditions.
When Should You Apply for a Special Hardship Order in QLD?
You should apply for a Special Hardship Order as soon as possible after the suspension taking effect. You can apply at any time during your suspension period but the length of the Special Hardship Order will always be equal to the length of your suspension period, even if you have served a portion of it.
Here are things to consider before applying for a Special Hardship Order:
You must apply through the Magistrates Court.
You cannot apply if you had a SHO, suspended licence or licence disqualification in the last 5 years. This also includes the suspension of your authority to drive in Queensland on a non-Queensland driver licence.
Supporting documentation proving financial or medical reasons must be provided to prove extreme financial and/or severe and unusual personal/family hardship.
Traffic & Driving Offences That May Allow You to Apply for a Special Hardship Order in QLD
Accumulating excessive demerit points while on a good driving behaviour period
Exceeding the demerit point limit while on a good behaviour period will lead to your licence being suspended in Queensland. However, you may apply for a SHO to continue driving under strict conditions, you must show that you’re a ‘fit and proper person’ and losing your licence will cause severe hardship.
Committing a high speed driving offence
If you’re caught driving more than 40km/h over the speed limit, you will receive a notice from the Department of Transport and Main Roads (TMR) suspending your licence. You may be eligible to apply for a SHO if you can prove that losing your licence would result in extreme hardship and whether you are a ‘fit and proper person’ to hold a restricted licence.
Traffic & Driving Offences That Make You Ineligible to Apply for a Special Hardship Order in QLD
Drink driving
If you are charged with a drink driving offence such as low range, mid range or high range, you are not eligible to apply for a Special Hardship Order (SHO). However, you may be eligible to apply for a Restricted Work Licence, which will allow you to drive only for work purposes. These are two different types of applications that may achieve the same result for you. The difference may be in the name of the order only.
Other potential defences for drink driving charges in QLD
At Drink Driver Lawyer, we have helped thousands of clients apply for a work licence allowing them to continue driving for employment purposes. We recommend to seek legal advice to maximise your chances of a successful application, alternatively call us on 07 3999 8661 for a free consultation.
Dangerous driving
Dangerous driving offences make you ineligible to apply for a SHO or a work licence.
Other potential defences for dangerous driving charges in QLD
At Drink Driver Lawyer, our experienced traffic lawyers can help you mitigate your sentence, potentially reducing disqualification periods, fines and other penalties.
Driving while disqualified or suspended
Driving while disqualified or suspended will make you ineligible to apply for a SHO or work licence in Queensland. These offences are taken very seriously by the courts and will lead to further mandatory disqualification periods and fines.
Other potential defences for driving while disqualified or suspended
Seeking legal advice is crucial, as these offences carry harsh penalties with the possibility of imprisonment for repeat offenders. Our expert traffic lawyers can help assess your situation, provide you with clear legal advice and advocate on your behalf, working towards minimum disqualification periods and avoiding jail.
Drug driving
Drivers charged with drug driving offences are not eligible to apply for a SHO. However, you can apply for a work licence if you were charged with having a relevant drug present in your saliva or blood. This does not apply to cases where you were driving under the influence of drugs and visibly impaired, as this is treated similarly to high range drink driving.
Other potential defences for drug driving offences
Our expert traffic lawyers can assess your case and explore possible defences, however seeking legal advice is crucial as penalties can include licence disqualification, fines and imprisonment for repeat offenders.
We are available 24/7, feel free to ring anytime on 07 3999 8661 for a free consultation.
How to Apply for a Special Hardship Order in QLD
Complete a Special Hardship Order Application (form F4401), this is available from the Magistrates Court or Department of Transport and Main Roads (TMR).
Prepare your supporting evidence. This can include an affidavit from employer, medical certificate or bank statements.
Lodge the application along with your supporting evidence and driver licence suspension notice.
Pay the required court filing fee.
You will be given a court date.
Once your application is accepted and stamped by the court, provide a copy of the stamped application and affidavit to TMR as soon as possible.
Attend the court hearing where the case will need to be argued before the court.
What Happens at the Court Hearing?
Your lawyer will give you a brief rundown on court procedures and what to expect.
You will follow your lawyer into the court room and sit down.
Once your matter is called, your lawyer will introduce your case.
Your lawyer will advocate on your behalf and explain to the court why losing your licence will cause severe hardship. They will submit and discuss affidavits, character references, and employer letters to support your application.
The Magistrate may ask your lawyer or yourself questions regarding your employment, driving history and the necessity of a special hardship licence.
The magistrate will deliver a decision, they will either grant or dismiss the SHO application.
If approved, return to TMR to apply for a replacement licence by completing Form F3006 and paying the required fee. Your new licence will have an ‘X3’ condition, meaning you can only drive while carrying and complying with your SHO.
What Are the Conditions of a Special Hardship Order in QLD?
A SHO allows restricted driving under conditions set out by a Magistrate. These conditions ensure you’re only driving when absolutely necessary to attend work, school or medical appointments.
Here is a list of common conditions that a Magistrate can impose:
Restricted driving hours: Only allowed to drive for particular times of the day, for example your working hours or picking your kids up from school at a specified time.
Travel locations: Magistrate can impose conditions allowing you to drive only for work, medical appointments or other essential commitments.
Passengers: You may have a condition imposed to have a certain number of passengers.
Employment: Driving may be restricted for work purposes only.
Class of Vehicle: Magistrate may limit you to only drive a certain class of vehicle required for work.
Why Choose Drink Driver Lawyer for Your Special Hardship Order Application?
Free Initial Consultation – Speak with one of our experienced traffic lawyers about your eligibility for a SHO and the next steps forward.
Maximising Your Chances – With experience handling over thousands of SHO’s and work licences, we ensure all supporting documentation is prepared and legally compliant.
Court Representation – Our lawyers will advocate for you in court and present your application professionally before the Magistrate.
Let the experts at Drink Driver Lawyer navigate your matter with confidence, call us today on 07 3999 8661.
Get Free Legal Advice from an Experienced Traffic Lawyer About Special Hardship Orders in QLD
Navigating a SHO can be overwhelming and confusing, our experienced traffic lawyers will handle your whole matter from the get go. We offer a free initial consultation so you can get a better idea of the charges brought against you and your legal options moving forward.
We offer fixed-fee billing, ensuring you know the total amount your matter will cost. There is no hidden bills or nasty surprises, after our initial call you’ll receive a breakdown of costs, so you can move forward with transparency and confidence.