What is a work licence?
In QLD, a work licence allows you to drive for work purpose despite having been charged with an offence of drink or drug driving (DUI). A work licence may be requested if your work requires you to drive regularly, or it is a necessary condition of your employment, and not having a licence risks your job, resulting in possible financial hardships. You must be able to prove to the Magistrate that you are a fit and proper person to receive a work licence.
Eligibility for a work licence
Eligibility for a work licence is determined based on the following factors:
- You are required hold a current Queensland provisional or open driver licence at the time of applying for a work licence;
- You need to have held a Queensland provisional or open driver licence at the time of the offence;
- At the time of the offence, you cannot have been driving for your employment or work purposes;
- You can’t have been convicted of any drink or drug driving offence, anywhere, or failed to provide blood or breath sample in the last five years;
- You can’t have been disqualified from holding a licence, had your licence disqualified, suspended or cancelled in Queensland in the last five years. This does not include disqualification for mentally or physically challenged, or suspension for non-payment of fines and penalties, or offences later set aside on appeal;
- You can’t have been convicted of dangerous driving in Queensland in the last five years;
- Your blood alcohol concentration level must have been recorded to be below 0.15%; and
- At the time of offence, you should not have been driving under a licence that required your blood alcohol concentration to be zero.
Restrictions on a work licence
Your work licence may have certain restrictions imposed, such as:
- the time and purpose of driving
- the type of vehicle that you can drive
- the carrying of passengers while driving
- the period that the work licence is issued for
Application for work licence
Applications for work licences should be made to the Magistrates Court that is supposed to hear the drink or drug driving offence. This application needs to be made before a plea of guilty is made. At the first hearing, the request for a work licence should be made to the Magistrate who will provide a time and date for your work licence application to be heard. The application will also need to be forwarded to Transport and Main Roads.
Documents required for a work licence:
- An affidavit from you stating your job requirements and personal circumstances, explaining why you should receive a work licence;
- A traffic and criminal history, if it has not been stated in the police report;
- An affidavit from your employer to confirm your requirement of driving for work and the affect it might have on your employment if the licence is not granted; and
- An application for an order directing the issue of a work licence.
Our expert DUI solicitors are able to assist you with the drafting and submission of work a work licence application. We offer two fixed-fee pricing options. Contact us for a free 15-minute telephone consultation.