Licence Disqualifications: Getting Back on the Road Sooner

Have you been disqualified from holding or obtaining a Queensland driver licence? Are you suffering extreme hardship as a result of your disqualification? Well, depending on the amount of time you have already spent off the road, and the type of hardship you are suffering, you may be able to apply to the courts to have your disqualification period reduced or removed entirely.

Licence Disqualifications, Suspensions and Cancellations – What’s the Difference?

If you have lost your licence, it may not be immediately clear why you have, and which government body (Transport, the Police or the Court) is, or will be, imposing this penalty on you.

First thing’s first – you will need to confirm whether your driver licence was disqualified, suspended or cancelled. This will have a bearing on whether you will need to apply to the courts to have your disqualification removed, or for a temporary licence, or to the Queensland Civil and Administrative Tribunal (QCAT) to have your licence reinstated.

Licence disqualifications are often imposed by the courts as part of the overall penalty imposed for criminal and traffic offences which involve driving, or offending connected with a motor vehicle. The types of offences which a Court can disqualify a driver’s license are extensive but can include driving whilst unlicenced, driving whilst disqualified, drink or drug driving, dangerous driving or evading police.

Licence suspensions and cancellations are imposed by the Queensland Department of Transport and Main Roads (TMR) and in some cases the Queensland Police Service (QPS). Licence suspensions can result from a variety of traffic offences, including high speed offences (i.e.: exceeding the speed limit by 40 km/hr or more), the accumulation of demerit points or by failing to pay your State Penalties Enforcement Registry (SPER) debts. In contrast, licence cancellations usually result from a failure to renew your licence in time.

The difference between disqualification, suspension and cancellation is important. The courts have a far greater discretion as to the length of a disqualification, which, depending on the offence, can range from one month to your entire life off the road. In contrast, TMR and the QPS have more limited powers as to the length of suspensions, which usually span from one to twelve months, depending on the offence.

My Licence Was Suspended or Cancelled

If your licence was suspended due to a high-speed offence or the accumulation of demerit points, will not be able to apply to have your suspension set aside.

However, if you anticipate you will suffer extreme hardship by being deprived of your means of earning a living, or severe and unusual hardship, you may be able to apply to the court for a Special Hardship Order (SHO) to allow you drive during your suspension period for purposes prescribed by the court.

If your licence was suspended or cancelled, and your request for your licence to be reissued or renewed was rejected, you may be able to apply to QCAT to have the refusal, suspension, cancellation or imposition reviewed.

These applications are civil applications, meaning you should seek advice from a civil lawyer before applying. If you require civil law advice, you can contact us on (07) 3221 4999 to speak to one of our civil lawyers.

I have to go Court, and I think I’m going to lose my licence!

If you have been charged with, but not convicted of, a traffic offence, you should seek immediate legal advice. For some traffic offences, like disqualified driving, and drink or drug driving, the court must impose mandatory periods of disqualification. The length of this period will depend on your charges and any prior like convictions you have had over the past five years.

If you are pleading guilty to an offence with a mandatory disqualification period, you won’t be able to avoid a driver’s licence disqualification entirely. Importantly though, the Court can impose longer disqualification periods than the minimum, mandatory periods they are required to impose at law.

To protect against a lengthy disqualification being imposed, your lawyer will seek your instructions on what a lengthy disqualification could mean for you, your family or your employment, and obtain material to tender to the Court in support of this. At your sentence, your lawyer can then make submissions to the Court explaining your situation and seeking that your court-ordered disqualification be limited as much as possible.

If you are pleading guilty to an eligible drink or drug driving offence (offences excluding allegations that you were “under the influence” of the substance at the time), you may also be eligible to apply for a work licence to allow you to drive during your disqualification period for purposes connected with your employment. Your eligibility to apply for a work licence will depend heavily on your personal circumstances, the circumstances of the alleged offending and any prior traffic and criminal history you have. This means you will need to seek legal advice ahead of making your application.

My Driver’s Licence has been Disqualified – Can I Apply to Have My Disqualification Removed?

Persons who have been disqualified from holding or obtaining a Queensland driver licence, provided their disqualification period commenced after 13 March 2002, can apply to the court to have their disqualification period reduced or removed after they have served two years of this disqualification.

This means that, if you have been disqualified from driving for a period under two years, you will not be able to apply.

If your licence was disqualified before 13 March 2002, you will need to follow an alternative process by applying to TMR instead.

What If I Received More Than One Disqualification?

For multiple offences committed at the same time, the court can impose more than one disqualification period as a part of your penalty. These disqualifications can apply cumulatively (meaning they are added together) or concurrently (meaning they run at the same time), depending on the nature of your charges.

If more than one disqualification period was imposed upon you, and these were ordered to apply cumulatively (that is one on top of the other), you should seek legal advice regarding your eligibility before making an application.

I think I am Eligible to apply to have my disqualification removed – Where Do I Apply?

Applications must be made to the specific court in which your disqualification was originally ordered.

For example:

• If your licence was disqualified by a Judge of the Supreme Court — then the Supreme Court;
• If your licence was disqualified by a Judge of the District Court — then the District Court;
• If your licence was disqualified by a Magistrate, and you live in Queensland— then the Magistrates Court presiding over the jurisdiction in which you live; or
• If your licence was disqualified by a Magistrate, and you live outside of Queensland — then the Brisbane Magistrates Court, George Street.

The Magistrates Court that has the ability to hear your application may not always be the closest courthouse to where you live. You should check the jurisdiction map on the Queensland Courts Website before applying or consult a lawyer for further advice.

What Should Go in My Application?

The documents you will need to complete will depend on the specific court in which you are applying. The contents of your application should also be unique to your own circumstances.

For most applications, you will require:

• The relevant application form;
• A copy of your traffic history;
• A copy of your criminal history;
• An affidavit from yourself;
• An affidavit from any other relevant person; and
• Supporting evidence.

You should speak with the court registry in advance to confirm the process for filing your application. Once a valid application has been filed, your matter will be listed for a hearing at which a Magistrate or Judge will determine the outcome of your application in court.

Applicants are required to provide notice of their applications at least 28 days prior to their hearings. In some Magistrates Courts you may have to serve a copy of your application on the police prosecutor. You should confirm your obligations with court staff upon filing your application.

What Will Happen at My Hearing?

If self-represented, you will need to appear at your hearing in person to give and produce evidence in support of your application. If represented, your lawyer will appear with you to make submissions on your behalf.

A lawyer acting on behalf of the Crown will appear to give and produce evidence, in some cases this could be in opposition to your application.

When determining the outcome of your application, the court will consider:

• your character (including any relevant criminal history and traffic history)
• your conduct since the disqualification was imposed;
• the nature of the offence that caused you to be disqualified; and
• any other circumstances the court sees fit.

After hearing the parties’ submissions, and considering all of the evidence, the court will either order your disqualification be removed by such date specified in the order or refuse your application. In some cases, if you are unsuccessful, the court can also order you pay for the costs of your application.

Do I Need Lawyer?

There is no rule against a person representing themselves at their hearing. However, before you decide against getting a lawyer, you should consider the advantages to obtaining representation and the potential risks associated with going into your hearing ‘blind’.

At your hearing, you will be required to make legal arguments against a lawyer appearing for the Crown, and to the court. For a lay person, this can be an extremely stressful and difficult experience. Importantly, if your application is refused, you will not be able to apply for another 12 months. It is therefore important that your application is clear, thorough and substantiated by additional evidence.

It is expected that you will suffer some hardship as a result of your offending and as s result not having a driver’s licence. This means that the court will not view the simple inconvenience of you not having a licence as sufficient grounds to make an order. To be successful in an application, you will need to identify the hardship that you are experiencing and demonstrate why this hardship is extreme or unusual to the extent that it would be unjust for you to remain without a driver’s licence.

Should you choose to obtain legal representation, your lawyer will attempt to paint a narrative of your life to the court, this will include the steps you have taken towards rehabilitation since being sentences, how your life has progressed and how not having a licence is preventing you from taking further steps towards a better future. This can be achieved by tendering evidence to contextualise your past offending; demonstrate the hard work you’ve done since and substantiate the hardship you are now suffering. Your lawyer may recommend that you engage in counselling or rehabilitation ahead of your hearing, or complete a substance use or driving education course. They may obtain letters from people in your life, your mental health treatment team, your employer or any relevant regulatory bodies that can speak to your hardship.

The arguments that will best support your application are tactical calls to be made between you and your lawyer with reference to your specific circumstances.

I Have Re-Offended Since My Disqualification – Does This Matter?

At your hearing, the court will consider any offences you have committed since your disqualification was imposed. If you have been imprisoned, or convicted of further offences, since your disqualification, you should obtain legal advice before making an application.

Your lawyer may recommend that you delay making an application until you have addressed any factors that contributed to your offending and can demonstrate a lengthier period of compliance with court orders.

Get Help from Our Experienced Criminal Defence Lawyers

In most cases, lengthy licence disqualification periods will be highly inconvenient. In some cases, they can be immensely stressful and burdensome, both on you and the people around you. If you have been disqualified, it is important that you are aware of your options; specifically, when you may be eligible to apply to have your disqualification removed and what could be involved in this process.

If your driver licence has been suspended, cancelled or disqualified, or you anticipate it may be, you can contact us at (07) 3221 4999 for immediate assistance.