Work Licence Applications (Restricted Driver’s Licence)
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Our experienced team of solicitors understand the complexities of workplace licence applications.
Depending on a person’s circumstances, they may be entitled to make an application for a restricted driver’s licence.
A restricted driver’s licence in Queensland may be issued to holders of open, provisional or probationary driver’s licences who have been disqualified from driving because of certain traffic offences, to allow them to drive for work purposes so that they do not suffer financial hardship.
The rules and processes for obtaining a restricted licence in Queensland are found in the Transport Operations (Road Use Management) Act 1995 and the Transport Operations (Road Use Management – Driver Licensing) Regulation 2010.
It is crucial that a person make the application to the court before pleading guilty, otherwise they may not be entitled to apply later.
A restricted driver’s licence allows the person to continue driving even though they have lost their licence, whether it has been suspended, or they have been disqualified from driving.
We have prepared thousands of applications and can help you protect your income and prevent hardship.
Eligibility for Workplace Licence (Restricted Driver’s Licence)
The decision on whether to grant a restricted licence in up to a Magistrate. If your application is granted, the court will consider many factors and the period of the restrictions.
To be eligible for a restricted licence you must be able to demonstrate to the court that you:
are a fit and proper person to continue to drive under the authority of a restricted licence, having regard to the safety of other road users and the public generally; and
need a driver licence to earn your living, and refusal to make an order for a restricted licence would cause you or your family extreme hardship.
You are not eligible to apply for a restricted licence if:
you did not hold a valid open licence at the time you committed, and were convicted of, the offence
you were driving a motor vehicle that you were not authorised to drive under your open licence at the time you committed the offence
at the time of the offence you were learning to drive the next higher class of licence under the authority of your Queensland open licence
when tested, your blood or breath alcohol concentration was 0.15 or greater
when you committed the offence you were using the vehicle in an activity directly connected with your means of earning a living
at the time of the offence, you were driving a truck, tractor, specially constructed vehicle, bus, articulated motor vehicle, B-double, road train, taxi, limousine, tow truck, pilot or escort vehicle escorting an oversize vehicle, a vehicle carrying a placard load of dangerous goods or a vehicle being used by a driver trainer to give driver training
in the past 5 years, your provisional or open licence has been suspended or cancelled, or you have been disqualified from holding or obtaining a Queensland driver licence for a reason other than those outlined below
you have been convicted of drink or drug driving or dangerous driving in the past 5 years
Note: eligibility to apply for a restricted licence is not affected by a suspension, cancellation or disqualification:
that was set aside on appeal
imposed because of a mental or physical disability
in relation to which a special hardship order was granted
imposed because you did not pay a fine
that was a 24 hour suspension because of a drink or drug driving related matter
imposed because you failed to appear in court to answer a charge of drink or drug driving
that was immediately suspended because of a mid range alcohol offence.
Breach of Workplace Licence (Restricted Driver’s Licence)
It is a serious offence to breach the conditions of a restricted driver’s licence. If convicted, a person can lose their restricted licence, may be prevented from driving for a longer period and can even receive a large fine.
Conditions of Work Licence Applications (Restricted Driver’s Licence)
If a court grants an application for a restricted driver’s licence, a person will be issued with an order directing that a restricted licence be issued to them during the period of your disqualification. This will also be subject to conditions specified in the order.
The order will restrict the person to conditions directly connected with their means of earning their livelihood and may include the class of vehicle, the purpose and the times at which or period of time during which a vehicle may be driven.
A person may also be required to hold a probationary licence for a further period of time before being eligible for an open licence again.
If a persons is granted a restricted licence, they must:
carry their licence and court order when driving and promptly show it to a police officer when required
comply with the conditions (including class of vehicle) specified on the court order when driving
have a zero blood alcohol concentration when driving