What is a Special Hardship Order?
According to Section 106 of Section Part 14 of the Transport Operations (Road Use Management) Regulation Queensland:
A person with a suspended open or provisional licence is eligible to apply for a special hardship order if the application is made for the same class of licence which was held by the offender at the time of suspension. A person may not be eligible to apply for a special hardship order if within five years of licence suspension:
- A Queensland driver licence had been suspended or cancelled or the person was disqualified from having or obtaining the licence;
- The authority of driving in Queensland, for a person who previously held a non-Queensland licence, had been suspended;
- The person was not eligible to hold a licence of Queensland under section 28(2) or 30C; or
- There has been a conviction against the person according to the section 328A of the criminal code.
According to section 107:
- A person may only apply for a special hardship order to a court relevant to the person.
- The application must be made within 21 days from the date of licence suspension. The application must be drafted be in an approved form and must accompany all the supporting and relevant details the applicant relies on.
- The applicant has the right of producing additional evidence at the time of the court hearing.
- The applicant must give a copy of the application to the chief executive with all the relevant details.
According to section 108:
A stay order is issued on the licence suspension from the date the chief executive receives the special hardship order application, to one day before the hearing of the application.
According to section 111:
A court may approve the special hardship order if the court is satisfied that the applicant is a fit and proper person to be granted the special hardship order, that the applicant has a respectable traffic history, and the person considers the safety of other road users.
An applicant must be able to demonstrate the importance of the special hardship order for them and/or their family by providing evidence of the implications that may arise should the special hardship order application be refused by the court. The applicant must provide the information on an affidavit made by the applicant (if self-employed) or applicant’s employer. The application will be heard by a Magistrate in the Magistrates Court.
Seeking legal advice can be crucial when drafting affidavits or when appearing in court, and often may result in a better outcome.
