Frequently Asked Questions
A work licence is otherwise known as a ‘restricted work licence’ in the legal field. A restricted work licences allows individuals to drive under work purposes, and subject to strict conditions, during the period of their licence suspension. For many, this licence is the difference between keeping or losing their jobs, and ultimately, determines their future livelihood.
In Queensland, a restricted work licence is governed by the Transport Operations (Road Use Management) Act 1995 (Qld) (‘the act’). Section 87 of the act details the issue of a restricted licence to a disqualified person convicted of drink or drug driving offences.
A restricted work licence is not automatically granted. There is a whole procedure that takes place before the court can grant you one. Firstly, you would need to meet a number of strict criteria that sets out whether you are eligible to apply for a restricted licence. Secondly, you must satisfy the presiding magistrate that you are suitable for such a licence.
There are a number of criteria that firstly needs to be satisfied before you can apply for a restricted licence. The Act does not list the criteria on a single page and therefore eligibility requirements found in different sections and subsections.
In an effort to limit confusion, below is a table detailing the criteria requirements and corresponding sections of the act;
| Criteria Requirements: | Relevant Legislation Provisions: |
|---|---|
| You must have held a valid open licence at the time you were committed or were convicted of the offence. | |
| When tested, your blood or breath alcohol concentrate must not be greater than 0.15. | |
| In the past 5 years, your provisional or open licence must have not been suspended or cancelled or have been disqualified from holding or obtaining a Queensland driver licence. | Transport Operations (Road Use Management) Act 1995 (Qld) s 5 (b). |
| In the past 5 years, you must have not been convicted of drink or drug driving or dangerous driving. | Transport Operations (Road Use Management) Act 1995 (Qld) s 5 (c). |
| You must not have been driving for work purposes when caught by the police. | Transport Operations (Road Use Management) Act 1995 (Qld) s 5 (i). |
| At the time of the offence, you must have not been learning to drive the next class higher under the authority of your Queensland Open Licence. I.e.; Not have been driving a manual licence (if you do not hold one) Or not have been driving a truck (if you do not hold a heavy vehicle licence). | Transport Operations (Road Use Management) Act 1995 (Qld) s 5 (ii). |
To be eligible for a restricted work licence, you need to demonstrate to the court that;
- You are a fit and proper person to continue driving under the authority of a restricted work licence, having in regard the safety of other road users and the general public (‘the act’ section 4 (a));
- Public transport is not a viable option; and
- You require a driver licence to earn your living, and if a refusal of such a licence took place, it would cause you or your family extreme hardship (‘the act’ section 4 (b)).
Section 87 of the act details that an application for a restricted work licence should be made either
- At the proceedings where the conviction is being recorded (at the court proceeding); or
- Before the court makes an order disqualifying the applicant.
You must also submit the following documents alongside your application;
- Affidavit
- Affidavit by/from your employer
- Affidavits by/from your partner
- Traffic violations history
- Criminal history
The presiding magistrate will review your application and either grant you an order for a restricted work licence or reject your application (suspending your licence).
If you are successful, the judge will make an order (the “restricted work licence”) directing the department of transport to issue you with a replacement licence during the period of your suspension. Once you are granted your work licence, you will be permitted to drive in accordance with strict conditions imposed by the Magistrates Court.
The order will usually set out things such as (and not limited too):
- the days of the week that you are permitted to drive;
- the hours between which you are permitted to drive;
- the purposes for which you are permitted to drive during the stated days and times;
- whether you are permitted to carry passengers;
- the class of vehicle you are permitted to drive;
- whether you are required to wear a work uniform when driving; and
- whether you are required to carry a log book when driving.
Applying for a restricted work licence order is not an easy process. As you saw above, there are a number of critical elements that needs to be complied and lodged correctly. Many applicants are rejected simply because they fail to submit all the necessary documents or are not able to monitor the timeline of their application.
We highly recommend that you seek legal advice when it comes to restricted work licences, as there are numerous contingencies at play. Furthermore, it should be also noted that this article is only meant to serve as a brief summary of the topic described and does not constitute legal advice.