Special Hardship Order Restricted Licence Breach

What the law says

Section 30Z(H) of the Transport Operations (Road Use Management – Driver Licensing) Regulation Queensland states:

1. A person authorised to continue to drive motor vehicles under a special hardship order must comply with the order, including the restrictions stated in the order that apply to Queensland driver licences held by the person, subject to any variation of the restrictions under a special hardship variation order.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:

The accused:

1. Was the holder of a restricted licence, granted as a result of a special hardship order application under section 30(v) of the Transport Operations (Road Use Management – Driver Licensing) Regulation, at the time of the alleged offence; AND
2. Drove a motor vehicle; AND
3. Was driving outside the conditions of that restricted licence.

Maximum penalty

Maximum Penalty – 20 Penalty Units

Restricted Licence Cancellation – if you still hold the restricted licence at the time of conviction for the breach of the restricted licence conditions, your restricted licence will be disqualified upon conviction.

Licence Disqualification – you will be disqualified from the date of your conviction until the end of the original suspension period plus you will be disqualified for an addition period of 3 months after that original period has lapsed.

Penalty Unit = $100.00.

Which court will hear the matter

Under section 3(5) of the Criminal Code Act  Queensland this offence is classed a simple offence and therefore may be heard in the Magistrates Court pursuant to section 19 of the Justices Act Queensland.

Possible defences

1. The accused was in fact the holder of an unrestricted probationary, provisional or open licence;
2. The accused was not driving a motor vehicle.
3. The accused was not driving a motor vehicle outside the conditions of his or her restricted licence.
4. Duress – example: there was a threat of harm against the accused or someone else that the accused reasonably believed would be carried out if he or she did not do the act that constituted the offence.
5. Necessity – example: there was an extraordinary emergency.
6. Insanity.
7. Involuntary Intoxication.
8. Identification i.e. the offence was not the accused.