{"id":26286,"date":"2022-04-21T23:22:46","date_gmt":"2022-04-21T23:22:46","guid":{"rendered":"https:\/\/rmolaw.com.au\/special-hardship-licence-the-criteria-conditions\/"},"modified":"2025-02-24T05:13:08","modified_gmt":"2025-02-24T05:13:08","slug":"special-hardship-licence-the-criteria-conditions","status":"publish","type":"post","link":"https:\/\/rmolaw.com.au\/zh\/special-hardship-licence-the-criteria-conditions\/","title":{"rendered":"Special Hardship Licence: The Criteria &#038; Conditions"},"content":{"rendered":"<p><span data-preserver-spaces=\"true\">A special hardship order, also known as a special hardship licence, is available to people that hold a provisional or open licence and have had their licence suspended by the Department of Transport and Main Roads.<\/span><\/p>\n<p><span data-preserver-spaces=\"true\">It is an order made by a Magistrates Court that allows you to drive during the suspension of your licence, but only under certain conditions.<\/span><\/p>\n<h2><span data-preserver-spaces=\"true\">Applying For A Special Hardship Licence<\/span><\/h2>\n<p><span data-preserver-spaces=\"true\">The two most common reasons to apply for a special hardship order are either for gaining two or more points whilst subject to a good driving behaviour period or being fined for driving more than 40km per hour over the speed limit.<\/span><\/p>\n<p><span data-preserver-spaces=\"true\">You are not automatically eligible if either of the above applies. There are instances when you are not eligible to apply, such as having a suspension or disqualification of your licence in the previous five years. If in the last five years your licence was suspended as a result of a SPER debt, then you are eligible to apply for a special hardship order. This is the only type of suspension that is an exception.<\/span><\/p>\n<p><span data-preserver-spaces=\"true\">You may apply for a special hardship order at any time during the suspension of your licence, but your licence must be suspended first. For example, if you are due to pay a fine that results in losing demerit points and being suspended from driving, then you must pay the fine and wait to receive a letter in the mail with your suspension date. We recommend having your special hardship order application and supporting material ready to file before the suspension date; you will be able to drive in the period of time between the suspension and your court date once the application is filed. Your application cannot be filed before the suspension commences.<\/span><\/p>\n<p><span data-preserver-spaces=\"true\">When you file your application in the Magistrates Court nearest to your residential address, you will receive a court date. You must serve the application and your supporting material on the\u00a0<\/span><a class=\"editor-rtfLink\" href=\"https:\/\/www.qld.gov.au\/transport\/safety\/fines\/demerit\/hardship-order\" target=\"_blank\" rel=\"noopener\"><span data-preserver-spaces=\"true\">Department of Transport and Main Roads<\/span><\/a><span data-preserver-spaces=\"true\">\u00a0and obtain a permit to drive until the court date. You must not drive to court to file your application or from the court to the Department of Transport and Main Roads, otherwise you are driving unlicensed, which is a criminal offence and carries penalties, including possible disqualification of your licence by the court.<\/span><\/p>\n<p><span data-preserver-spaces=\"true\">At your court date, the magistrate will consider whether:<\/span><\/p>\n<ul>\n<li><span data-preserver-spaces=\"true\">You will experience extreme financial hardship without a licence or you and your family will experience severe hardship if you do not hold a licence, and<\/span><\/li>\n<li><span data-preserver-spaces=\"true\">You are a fit and proper person.<\/span><\/li>\n<\/ul>\n<p><span data-preserver-spaces=\"true\">If you can satisfy both of the above, then you will be granted a special hardship order.<\/span><\/p>\n<h2><span data-preserver-spaces=\"true\">Preparing For A Special Hardship Licence<\/span><\/h2>\n<p><span data-preserver-spaces=\"true\">Experiencing extreme financial hardship as a result of losing your licence means that you will lose your job or be demoted and receive a significant pay reduction, which affects your ability to pay your expenses and\/or support your family. You will need to obtain an affidavit from your employer detailing how losing your licence will affect you (i.e. you will lose your job). Your employer will need to be available for the court date in the event they are required for cross-examination. You will also need to do an affidavit detailing how you would experience hardship if you lost your licence. The hardship that you suffer must be extreme, not a mere inconvenience, and alternate transport (such as public transport) cannot be available to you.<\/span><\/p>\n<p><span data-preserver-spaces=\"true\">In order to satisfy the court that you are a fit and proper person, you must show the court that you have regard for other road users\u2019 safety. This is done by way of an affidavit and is usually more difficult to satisfy. The court will want to be satisfied that you have the knowledge and ability to drive safely. The court will look to your traffic history and make an assessment on whether you have a history of having regard to other road users and their safety. For example, if you have a history of driving dangerously or without due care, the court may conclude that you do not have regard to other road users\u2019 safety and the public in general.<\/span><\/p>\n<p><span data-preserver-spaces=\"true\">By way of another example, if you have numerous speeding offences in recent months, it may also be more difficult to obtain a special hardship order as the court may also interpret your pattern of speeding as a disregard for other road users\u2019 safety. You could complete a road safety course in matters like these, to show the court that you are knowledgeable on road safety.<\/span><\/p>\n<p><span data-preserver-spaces=\"true\">If you are granted a special hardship order, there will be conditions that you must abide by and you must have a copy of the order with you at all times when driving. The order will state:<\/span><\/p>\n<ol>\n<li><span data-preserver-spaces=\"true\">The class of vehicle you are allowed to drive,<\/span><\/li>\n<li><span data-preserver-spaces=\"true\">The purpose for which you are allowed to drive for, and<\/span><\/li>\n<li><span data-preserver-spaces=\"true\">The times that you are allowed to drive between.<\/span><\/li>\n<\/ol>\n<p><span data-preserver-spaces=\"true\">The court is able to insert any additional conditions that are reasonable and appropriate based on your circumstances.<\/span><\/p>\n<p><span data-preserver-spaces=\"true\">It is very important that you do not breach any of the conditions of your special hardship order, because if you do, you will be brought before the court and face a potentially significant fine and a further three month suspension of your licence. If you have lost your licence as a result of a drink or drug driving charge, then you are not eligible for a special hardship order. But could consider a\u00a0<\/span><span data-preserver-spaces=\"true\">work licence<\/span><span data-preserver-spaces=\"true\">.<\/span><\/p>\n<h2><span data-preserver-spaces=\"true\">Work Licence<\/span><\/h2>\n<p><span data-preserver-spaces=\"true\">A work licence is a different form of licence to a special hardship order. There are certain eligibility criteria that must be met which we&#8217;ve covered here in our article,\u00a0<\/span><span data-preserver-spaces=\"true\">Work Licences: Keeping You On The Road<\/span><span data-preserver-spaces=\"true\">.<\/span><\/p>\n<h3><span data-preserver-spaces=\"true\">\u8054\u7cfb\u6211\u4eec<\/span><\/h3>\n<p><span data-preserver-spaces=\"true\">Get the best representation. Contact us on\u00a0<\/span><a class=\"editor-rtfLink\" href=\"tel:1800999529\" target=\"_blank\" rel=\"noopener\"><span data-preserver-spaces=\"true\">1800 999 529<\/span><\/a><span data-preserver-spaces=\"true\">, email\u00a0<\/span><a class=\"editor-rtfLink\" href=\"mailto:mail@rmold.newwebsite.live\" target=\"_blank\" rel=\"noopener\"><span data-preserver-spaces=\"true\">mail@rmold.newwebsite.live<\/span><\/a><span data-preserver-spaces=\"true\">\u00a0or submit an enquiry below.<\/span><\/p>\n<p><span data-preserver-spaces=\"true\">We are available to meet with you at any of our local offices (<\/span><a class=\"editor-rtfLink\" href=\"https:\/\/rmolaw.com.au\/zh\/contact-us\/\" target=\"_blank\" rel=\"noopener\"><span data-preserver-spaces=\"true\">Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba<\/span><\/a><span data-preserver-spaces=\"true\">) or by telephone or video-conference.<\/span><\/p>\n<p><em><span data-preserver-spaces=\"true\">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.<\/span><\/em><\/p>\n<p>This article was originally published on 21 December 2020. It&#8217;s been updated on the 22 April 2022.<\/p>","protected":false},"excerpt":{"rendered":"<p>A special hardship order is available to people that hold a provisional or open licence and have had their licence suspended by the Department of Transport and Main Roads. It is an order made by a Magistrates Court that allows you to drive during the suspension of your licence, but only under certain conditions.<\/p>","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[1],"tags":[],"expertise":[344],"class_list":["post-26286","post","type-post","status-publish","format-standard","hentry","category-uncategorized","expertise-traffic-lawspecial-hardship-licence"],"acf":[],"_links":{"self":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts\/26286","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/comments?post=26286"}],"version-history":[{"count":2,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts\/26286\/revisions"}],"predecessor-version":[{"id":28273,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts\/26286\/revisions\/28273"}],"wp:attachment":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/media?parent=26286"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/categories?post=26286"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/tags?post=26286"},{"taxonomy":"expertise","embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/expertise?post=26286"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}