A work licence (also called a restricted licence) allows a person convicted of drink driving or drug driving to drive for work purposes only during their period of licence disqualification. The process to apply for a work licence is quite involved. Unfortunately, it is not just a matter of filling out a form but rather is a hearing before a Magistrate who ultimately decides whether or not to grant you a work licence. You must ensure that you meet a large number of conditions and properly prepare the supporting documentation.
You cannot appeal the decision if a Magistrate refuses your application. It is therefore important that you get legal advice from an expert traffic lawyer on whether you meet the eligibility criteria and on your prospects of making a successful application.
You must meet a number of strict criteria to apply for a work licence, including:-
In the last 5 year period, you must not have been:-
You are not eligible to apply if at the time of the offence you:-
You cannot get a work licence if:-
You may be eligible to apply if you need your driver licence to travel to and from work. However, you would need to demonstrate that there is no public transport available and you have no-one who could drive you.
You should get legal advice if you are not sure whether you meet all the eligibility criteria.
The application is made to a Court under section 87 of the Transport Operations (Road Use Management) Act 1995.
You must apply immediately after you have pleaded guilty or been found guilty and before the Magistrate orders the disqualification period. The application is usually adjourned for hearing to a date a few weeks after your first Court date. The timing will vary depending upon which Court you are appearing in.
The following documents must be prepared in support of your application:-
The affidavits must be sworn or affirmed before a Commissioner of Declarations, Justice of the Peace or Solicitor. They must then be filed with the Court and served upon the police prosecutor prior to your hearing date.
At the hearing, your matter will commence with your guilty plea to the relevant charge and the Magistrate will then consider your application for a work licence.
The Magistrate will read your supporting documentation and may require you or your employer to give evidence if further information is needed (This is not ordinarily required if your affidavits are properly prepared). The Magistrate will hear oral submissions from the prosecutor and you/your lawyer on the issues of penalty and whether you should be granted a work licence.
Upon completion of the hearing, the Magistrate will make orders in respect of penalty and will decide whether or not to give you a work licence. If you are granted a work licence, the disqualification period may be double what you would have received if you did not apply for a work licence.
If you are granted a work licence, the Magistrate can order that it be subject to special conditions, for example:-
It is an offence to drive in breach of the conditions. If you were caught doing so, then you would lose your work licence and a further penalty and disqualification period would be imposed.
You can make an application to the Court to vary the conditions should your circumstances change during your disqualification period.
If you are granted a work licence , you will be given an Order that you will need to take to your nearest Queensland Transport department to be issued with the work licence prior to driving. You CANNOT drive from the court to Queensland Transport, to do so would be breaking the law. You CANNOT drive until a new licence is issued to you.
These applications are not always straightforward and Magistrates consider whether or not to grant a work licence very seriously. Our traffic lawyers will ensure your application is comprehensively and professionally presented to the Magistrate. We are experienced advocates who will speak for you in a persuasive manner and aim to get the result you are after.
Other benefits of legal representation include:-
We often get enquiries from people seeking help after a failed attempt at applying for a work licence simply because they did not properly prepare and did not understand the process. Don’t let this be you. We strongly recommend that you get expert advice and assistance as you only get one chance.