Work Licenses QLD
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Work licences QLD
Have you been charged with driving under the influence of drugs or alcohol in Queensland? If you have, you may be able to apply for a work licence. To be granted by the courts, you will need to submit it at the same time as your hearing and before the magistrate has given you your fine and disqualification period. Once the courts have imposed a penalty for your drink or drug driving offence, it’s too late to then apply.
A work licence explained
A work licence enables you to drive but on strict terms and can be used for work purposes only to prevent you from losing your livelihood if you need to drive to and from work or as part of your employment. It is an option for people who are employed. You can be self-employed or be an employee to be eligible. Under no circumstances can you drive whilst holding a work licence for any purpose other than work. If you get caught driving for non-employment reasons you risk facing a more substantial fine and disqualification and in serious cases, a jail term.
Not everyone can apply for a work licence
Just because you have a job that doesn’t automatically mean you are entitled to a work licence. You must meet a set criteria first.
- You must have held a valid class C drivers licence (open) when the offence occurred.
- You don’t already have a work licence and committed a traffic offence.
- You mustn’t have committed another drink or drug driving offence in the last 5-years.
- If you have been suspended, disqualified, or had your licence cancelled in Queensland in the last 5-years, you won’t be entitled.
- Your blood alcohol concentration must be below 0.15% and for drug driving offences, the charge must be for driving with the said drug in the system, not under the influence.
- You must have not been convicted of driving dangerously in Queensland in the last 5-years.
If any of the following apply to you, you will not be granted a work licence:
- Only hold a learner or provisional licence.
- Had a high range reading of more than .15.
- You had an alcohol reading of more than 0% while driving a truck or taxi.
- You held a provisional licence and were driving a prohibited vehicle such as a high-performance car.
- You were caught driving under the influence of a drug.
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.
Applying for a work licence
You can get an application form from any magistrate’s court called an Application for an Order directing the issue of a Restricted Licence (s87) (Form F3181). If you don’t have your application in order when you appear in court, you can ask to have your case adjourned. You will be given a new date for your hearing. You must organise your application before your next court date, file it and give a copy to the police prosecutor. This needs to be submitted to the same court where your hearing is. On the day, the magistrate will review your application and decide whether you are entitled to a work licence or not. If you have everything organised for the first court date, you may not have to adjourn it to a later date although some courts won’t hear a drink driving charge on the first date and will adjourn it anyway.
Information needed to support your application
For your application to be considered, you need to provide an affidavit from your employer or yourself if you’re self-employed. You can collect an affidavit form from any magistrate’s court and it will need to include your reasons for requesting a work licence and why it is essential to your employment. It must be written in a formal context and include vital information to support your request.
You need to file your application and affidavits to the court and local police prosecution unit as soon as you can. Work licences are often denied due to affidavits lacking essential details so, you must be sure this is done correctly.
What you 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
Options available to those who are denied work licences
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.
Seek legal advice
If you have been charged with a drink or drug driving charge, it’s a good idea to seek advice from a legal professional that specialises in drink and drug driving offences to discuss your options. They will work hard to ensure you are granted a work licence and can negotiate a lesser fine and disqualification period. Speak to one of our senior lawyers here at Drink Driver Lawyer today, we are experts in the field and offer free case reviews. Our team can help you get the absolute best outcome for your charge.