Restricted Work Licence Application QLD
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Specialist Advice for QLD Restricted Work Licence Approvals
Losing your driver’s licence can impact your ability to work and earn money. In Queensland a Restricted Work Licence (known as a “work licence”), if granted, allows an eligible driver to continue driving for work related purposes only. This guide will explain everything you need to know about what a work licence is, who can apply, and when to apply.
If you would like to speak to an experienced traffic lawyer, contact us on 07 3999 8661 for a free consultation.
What is a Restricted Work Licence?
A Restricted Work Licence is a special court-approved licence that allows an otherwise disqualified driver to drive for work purposes only. This means you cannot use your licence for any personal errands such as going to the shops. You must drive for work purposes, work licences are designed for people whose job requires them to drive and would suffer hardship if they were unable to do so.
Who can Apply for a Restricted Work Licence in QLD?
You may be eligible to apply for a Restricted Work Licence if:
- You have been convicted of drink driving or driving with a relevant drug, but your blood alcohol concentration (BAC) was below 0.15%.
- You held a valid Queensland open licence at the time of the offence.
- Your licence was not already suspended or disqualified.
- You were not driving for work at the time of the offence.
- You can prove that losing your licence would cause severe financial hardship.
- You have not had your licence suspended in the last 5 years for drink or drug driving.
When Should You Apply for a Restricted Work Licence in QLD?
To apply for a work license, an individual must lodge an application at their local Magistrates Court prior to their drink/drug driving offence being finalised. They must provide evidence of their employment, such as an employer’s letter outlining the need for a driver’s license in their job role. They also need to demonstrate that the loss of their license would result in severe hardship, by depriving them of the means of earning their living.
During the court hearing you must apply for a Restricted Work Licence before you’re disqualified, as applications are submitted during your court hearing before sentencing takes place. If you fail to apply for a work licence at this time, you will lose the opportunity to apply for a work licence.
The court will assess your circumstances and determine the impact of disqualification on your ability to work. Our lawyers will prepare the necessary supporting evidence and advocate on your behalf increasing your chances of approval.
Seeking legal advice is essential in assessing your eligibility and preparing your matter for court, contact us on 07 3999 8661 for a free consultation with our traffic lawyers.
Traffic & driving offences that may allow you to apply for a restricted work licence in QLD
Low range drink driving (BAC between 0.05 and 0.10)
If you’re charged with low range drink driving and have a blood alcohol concentration (BAC) of 0.05% to 0.099%, you may apply for a work licence if within the last 5 years you were not convicted of a drink or drug driving offence.
You cannot apply for a work licence if the following apply:
Holder of a provisional P1/P2/Learner’s licence.
Drink or drug driving offence last 5 years.
Charged with drink driving while driving for work purposes.
Driving a vehicle that you were not authorised to drive under your licence.
Suspended licence within the last 5 years.
Mid range drink driving (BAC between 0.10 and 0.15)
If you’re charged with mid range drink driving and have a blood alcohol concentration (BAC) of 0.10% to 0.149%, you may apply for a work licence if within the last 5 years you were not convicted of a drink or drug driving offence.
You cannot apply for a work licence if the following apply:
Holder of a provisional P1/P2/Learners licence.
Drink or drug driving offence last 5 years.
Charged with drink driving while driving for work purposes.
Driving a vehicle that you were not authorised to drive under your licence.
Suspended licence within the last 5 years.
Drug Driving Offence
If you have been charged with having a relevant drug in your system while driving, you can apply for a work licence if within the last 5 years you were not convicted of a drink or drug driving offence. A relevant drug can include cannabis (THC), cocaine, methamphetamine or MDMA.
You cannot apply for a work licence if the following apply:
Holder of a provisional P1/P2/Learners licence.
Drink or drug driving offence last 5 years.
Charged with drug driving while driving for work purposes.
Driving a vehicle that you were not authorised to drive under your licence.
Suspended licence within the last 5 years.
However, if you were impaired by drugs while driving, this is considered “Driving Under the Influence” (DUI), which is a more serious offence. In this case, you are not eligible to apply for a work licence.
Traffic & driving offences that make you ineligible to apply for a restricted work licence in QLD
High range drink driving (BAC above 0.15)
A charge of high range drink driving means you were found to have a Blood Alcohol Concentration (BAC) reading of 0.15% or more, making you ineligible for a work licence. This offence also carries a mandatory minimum 6-month court ordered disqualification period.
Maximum penalties for high range drink driving in QLD
Minimum 6-month disqualification period.
Up to a $4500 fine or 9 months imprisonment for serious or repeat offences.
Potential defences for high range drink driving in QLD
We have successfully defended many clients securing them the minimum disqualification periods, avoiding jail time and no criminal convictions recorded.
If you have been charged with this offence, we recommended to seek legal advice as soon as possible.
Give us a call on 07 3999 8661 for a free legal assessment of your circumstances, our traffic lawyers will be in touch and provide you with practical legal advice.
Dangerous driving
Dangerous driving is a serious traffic offence in Queensland, this offence occurs when a driver operates a motor vehicle in a way that poses a risk to public safety. If charged with this offence, you cannot apply for a work licence, however our lawyers can assist in minimising penalties and the period of disqualification.
Maximum penalties for dangerous driving in QLD
Minimum 6-month disqualification period, higher disqualification periods for repeat and serious offenders.
Offenders can face a fine up to $32,000 or imprisonment up to 3 years.
Potential defences for dangerous driving in QLD
We have successfully defended many clients securing them the minimum disqualification periods, avoiding jail time and no criminal convictions recorded.
If you have been charged with this offence, we recommended to seek legal advice as soon as possible.
Driving while disqualified or suspended
Driving while your licence is disqualified or suspended in Queensland, carries harsh penalties and mandatory periods of licence disqualifications.
If you have been charged with this offence, we recommended to seek legal advice as soon as possible.
Maximum penalties for driving while disqualified or suspended in QLD
Driving while suspended: Depending on the circumstances it can range from a minimum of 1 month to 6 months.
Driving while disqualified: Minimum 2 years, up to 5 years, as decided by the court.
Fines & Imprisonment: Depending on the circumstances, driving while disqualified can lead to fines up to $10,000 or 18 months’ imprisonment, while driving while suspended can result in fines up to $6,500 or 1 year in jail.
Potential defences for driving while disqualified or suspended in QLD
We have successfully defended many clients securing them the minimum disqualification periods, avoiding jail time and no criminal convictions recorded.
Repeat offences for drink or drug driving
Repeat offenders who are caught drink or drug driving within a 5 year period face severe penalties, and in some instances imprisonment.
Maximum penalties for repeat offenders in QLD
A fine up to $9500 or up to 18 months imprisonment.
1 year minimum licence disqualification, the courts can impose higher disqualification periods.
Potential defences for repeat offenders in QLD
We have years of experience defending repeat drink and drug offenders, we have successfully helped our clients secure minimum penalties often avoiding prison time.
How to Apply for a Restricted Work Licence in QLD
Here is a quick and simple guide on applying for a Restricted Work Licence in Queensland:
Ensure you’re eligible to obtain a work licence.
Prepare your application by completing a Work Licence Application Form (Form F3181).
Prepare an affidavit explaining how loss of licence will impact you financially.
Prepare affidavits from friends and family, proving you’re a ‘fit and proper person’ and confirming your name, address and employment status.
Prepare signed affidavits by employers that explain you need your licence to fulfil your work duties.
Ensure your affidavits have been signed by a Justice of the Peace (JP) or lawyer.
Lodge your application at the Magistrate Courts registry.
Serve a copy at the Queensland Police Prosecutions Corps (PPC).
Attend your court hearing and present your case, you must apply for the work licence after you have pleaded guilty but before you are disqualified.
If approved, follow your work licence conditions.
At Drink Driver Lawyer, we understand that applying for a Restricted Work Licence can be complex and a stressful process. Our team are here to guide you every step of the way, ensuring your application is prepared and presented professionally before a magistrate. With our legal expertise and local connections, we can help maximise your chances of securing a Restricted Work License in Queensland.
What Happens at The Court Hearing?
If you’re represented by a lawyer, they will handle most of the process on your behalf. They will apply for a Restricted Work Licence by presenting your case and submitting the necessary documents. Your lawyer will advocate for you in court and respond to any questions by the magistrate.
The process generally follows these steps:
Meet your lawyer at court before your 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.
The magistrate will ask how you plead, and you must formally state “Guilty.” Your lawyer will ensure this is done correctly.
The Magistrate will acknowledge your plea and will move forward in reviewing your work licence application.
Your lawyer will advocate on your behalf and explain to the court why losing your licence will cause financial 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 work licence.
The magistrate will deliver a decision, they will either grant or reject the work licence application.
If approved follow your work licence conditions.
What Are the Conditions of a Restricted Work Licence in QLD?
If you’re granted a work licence in Queensland, you must follow the conditions imposed by the Magistrate. The purpose of these conditions is to ensure you’re driving for work related purposes only.
The specific conditions may vary depending on the circumstances of your case, however they will generally include the following:
Day of week and the specific hours you’re allowed to drive.
Class of vehicle (e.g., Magistrate may only allow you to drive a truck for work purposes).
No drink or drug driving.
Wearing company clothing while driving.
Other discretionary conditions the Magistrate may find appropriate.
How We Can Help You Navigate & Confidently Apply for a Restricted Work Licence in QLD
Our expert traffic lawyers will guide you through every step of the Restricted Work Licence application process, we will handle all the necessary documents including affidavits, character references and representation in court.
Why Choose Drink Driver Lawyer for Your Restricted Work Licence Application?
At Drink Driver Lawyer we offer personalised support and legal advice throughout your whole legal case. We understand that facing charges in court can be daunting and confusing, our lawyers will handle all the paperwork and advocate for you in court.
Why you should choose Drink Driver Lawyer:
Proven track record of securing clients Restricted Work Licences
Expert legal representation
Personalised support
Strong court advocacy
Get Free Legal Advice from an Experienced Traffic Lawyer about Restricted Work Licences in QLD
Frequently Asked Questions
What is the difference between a day licence, a work licence and restricted licence?
There is no difference between the three, they all mean the same thing. You may hear officials use the term ‘section 87 licence’ which is the formal term.
What do I need to bring to court?
While the court and police prosecutor should have your application, you will need to bring along additional documents, such as:
- A copy of your application form
- An affidavit from yourself if you are self-employed that has been witnessed and signed or your employer’s affidavit.
- Character references
What are my options if I am denied a work licence?
If you have been refused a work licence and you do not agree with the outcome, you may be able to appeal the decision. You must seek legal advice as soon as you can as strict time limits apply.
Click here for information on Probationary and Restricted Licences.
What Is A Work Licence?
In Queensland, a work licence is a special type of temporary driver’s licence that is issued to those who have had their regular driver’s licence suspended. This type of licence allows people who have been disqualified from driving to continue their employment and fulfil other essential duties. A work licence can be applied for in special circumstances such as if you need your licence for work purposes only and don’t need it for recreational reasons or to get to and from school. To be eligible to apply for a work licence, drivers must have been charged with drink driving offences such as Driving Under the Influence (DUI) or Driving with Excessive Blood Alcohol Content (BAC). Certain requirements must be met before an application can be approved, including meeting any court-imposed suspension periods, paying all fines, providing proof of identity and completing an alcohol assessment program. If these criteria are met then the applicant may be eligible to apply for a work licence.
How Can I Get A Work Licence?
To obtain a work licence following a drink driving offence (DUI) in Queensland, you must meet certain criteria and typically apply through the Magistrates Court in the relevant jurisdiction. You must have been convicted of an eligible offence, not be subject to any other court proceedings or disqualifications, and complete a period of disqualification set by the Court before applying for the work licence. Furthermore, you will need to provide evidence that your employment is essential to yourself or your family’s livelihood, as well as provide supporting documentation including an Interlock Exception Request Form obtained from Transport and Main Roads.
What Happens If I Get Caught Driving Outside Of My Permitted Work Licence Driving Times?
If you are caught driving outside of your permitted driving times, the consequence can be serious and may include punitive measures such as fines, license suspension, or even jail time. Depending on the severity of the offence, it can also result in points being added to your driving record which may then lead to additional surcharges or insurance rate increases. Furthermore, if you are found to have been drinking and driving in addition to violating your restricted licence times, more severe punishments could be enforced.
What's The Difference Between A Restricted Licence And A Work Licence?
Nothing, they are the same thing and the terms are used interchangeably.
Who Is Not Eligible For A Work Licence?
You will not be able to apply for a work licence if any of the following apply to you:
- You held a learner or provisional licence at the time of the offence
- You had a high-range BAC (blood alcohol concentration) or you were charged with driving under the influence of a drug
- You were driving a taxi or commercial vehicle and exceeded a 0% BAC
- You were operating a permitted vehicle at the time of the offence
Can A Traffic Lawyer Help Me Get A Work Licence?
A traffic lawyer can help you get a work licence after a DUI charge in Queensland by making sure the application is properly filled out and submitted to the court, as well as arguing your case before the magistrate to increase your chances of having it approved. They can also provide advice and representation on any potential penalties or restrictions that may be imposed upon the granting of a work licence, helping you to understand what is expected of you throughout the process so that you can remain compliant.