What is a Work Licence?

If your convicted of a drink or drug driving offence, and you are eligible, you may apply to the court that convicted you for an order directing that you to be issued with a work licence. 

A work licence (also called a restricted licence) permits a person convicted of drink driving or drug driving to drive for work purposes only during the period of licence disqualification.  It must be said, however, that to apply for a work licence is quite an involved process.  It is not necessarily the case of filling out a form but rather it is a hearing before a local Magistrate who decides whether or not to grant you a work licence.  Accordingly, you must ensure you meet a large number of conditions and assemble the proper supporting documentation for the Court’s consideration.

It must be note that you cannot appeal the decision if a Magistrate decides to refuse your application for a work licence.  Accordingly, it is extremely crucial that you obtain legal advice on whether you meet the relevant criteria.

Are you eligible?

To be eligible for a restricted work licence, you must be able to demonstrate to the court that you;

1. Are a fit and proper person to continue to drive under a restricted licence, having regard for the safety of other road users and the public generally; and
2. You need a drivers licence to earn your living and that refusing to make an order for a restricted licence could cause you or your family extreme hardship. 

Reasons you may not be eligible.

You are not eligible to apply for a restricted work licence if at the time you committed the offence;

1. You were convicted and did not hold a valid open licence.
2. You were driving a motor vehicle that you were not authorised to drive under your open licence.
3. Your blood or breath alcohol concentration was 0.15 or greater, when tested, or you are under 25 years of age and driving under a learner, provisional or probationary licence.
4. When driving on a licence that required you to have a nil alcohol reading.
5. You are unemployed and looking for work.
6. To get children to and from school, attend to household errands or take a relative to medical appointments.
7. Your employer has another position for you in the business that does not require you have a driver’s licence.

Conditions for restricted licence holders

If a court grants an application for a restricted driver’s licence, you will be issued with an order directing that you be issued with a restricted licence during your period of disqualification.  This will be subject to the conditions in the order.

The Court order will restrict you to driving for circumstances directly connected with earning your livelihood and may include;

• Class of vehicle.
• Purpose
• Times or time periods a vehicle may be driven.

Do I need a lawyer?

The short answer is yes.

Work drivers licence applications are not simple, and Magistrates determine whether or not to grant a work licence very seriously.  At RMO Law, our traffic lawyers will ensure your application is comprehensively assembled and presented to the presiding Magistrate.  We will also save you time and stress by doing all the preparation for the court hearing.  We will also liaise with your employer and prepare their affidavit to eliminate any inconvenience that it may cause them.  We will also liaise directly with the police prosecutor on your behalf and will get priority in court when your matter is determined.

Contact us to book an initial consultation with one of our experienced lawyers, and we will provide you with tailored advice with respect to your unique circumstances. Call 1800 957 936, email mail@rmolaw.com.au or submit an enquiry on our website.

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.

Roly O’Regan

Director