Do you require a work licence?
If you have you been charged with an offence of drink or drug driving or failing to provide a specimen as required, and you need to your licence for your employment, you may qualify for a restricted licence, otherwise known as a work licence.
A work licence allows you to drive for the purpose of your employment during the disqualification period imposed by the court.
It important that you are aware if you are convicted of the above offences you will face a mandatory disqualification of your licence of at least 1 month, and in many cases much longer.
This article outlines the eligibility criteria, conditions and success story of obtaining a work licence for 1 of our clients.
Am I Eligible For A Work Licence?
There are a number of conditions that must be met before you can apply for a work licence.
- Have a blood alcohol content less than 0.15% or only have a relevant drug in your blood or saliva (this means that if you are charged with high range drink driving or driving under the influence of a drug, you will not be able to apply).
- Be the holder of a valid open Queensland driver licence.
- NOT have had your licence suspended, cancelled or disqualified within the previous 5 years.
- NOT been convicted of an offence of drink or drug driving, failing to provide a specimen as required or dangerous operation of a motor vehicle in the previous 5 years.
- NOT have been driving for the purpose of work when you committed this offence.
- NOT have been the holder of a work licence at the time of the offence.
- NOT have been driving certain classes of vehicle at the time of the offence.
The Application Process
The application must be made before the court cancels your licence.
It must be made in the approved form along with evidence to support the application in the form of affidavits. Any witnesses must be available for cross-examination during the hearing if required.
An application for a work licence can only be granted if the court is satisfied that:
- You are a fit and proper person to hold a work licence. The court must consider the safety of other road users and members of the public, and
- That a refusal to grant the licence would cause extreme hardship to you or your family by depriving you of your means of earning a livelihood.
The conditions are set by the court and will vary from person to person, depending on their individual circumstances.
They may include:
- Days and hours that you are allowed to drive.
- What purposes you are allowed to drive for.
- The type of vehicle you may drive.
- Whether you are able to carry passengers.
Increase In Maximum Disqualification Period
If an order is made granting a restricted licence, the court is able to impose a maximum period of disqualification that is twice as long as if no restricted licence was granted.
This means that you may be able to drive for the purpose of your work, but you may potentially be disqualified for longer than if you did not make an application for a restricted licence
Success Story – Another Work Licence Granted
Case Reference: 191559
Type Of Case: Traffic Law – Work Licences
The Situation: Our client, *John, had a few drinks at the pub with his friend. On his way home he was pulled over by police and breathalysed with a BAC of 0.074. He had no previous convictions for drink or drug driving on his traffic history.
His job requires him to work 5 days each week between the hours of 5:00am to 6:00pm, travelling to locations around South East Queensland to attend call outs for plumbing work. He is unable to use public transport to attend these jobs as he is required to have access to a variety of tools and equipment in his vehicle.
Our client pleaded guilty to the offence of low range drink driving and an application was made for a restricted licence for the purpose of his work. His employer provided an affidavit stating that he would not be able to offer him employment while his licence was disqualified. We were able to show that this would cause him extreme hardship and that due to his previous good behaviour, he was a fit and proper person to hold a restricted licence.
The Result: He was convicted and fined $600 and his licence was disqualified for 1 month. His application for a work licence was granted, allowing him to drive for the purpose of his work during 5am and 6pm on weekdays, for the period of the disqualification.
How We Can Help
If you need your licence to earn a living, you need our expert legal help to prepare your work licence application for your best chance of being granted a work licence.
We are available to meet with you at any of our local offices (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba) or by telephone or video-conference.
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.