SPECIAL HARDSHIP ORDER QLD (SHO)

THE SPECIAL HARDSHIP ORDER EXPERTS 

At Craven Lawyers, our traffic lawyers will help get you back on the road by helping you apply for a Special Hardship Order. When applying for a Special Hardship Order, there are rules you must follow, or your application will fail. It would be best to get legal advice from a lawyer, such as someone like us, to help you determine if you satisfy the eligibility criteria. You only get one chance; don’t lose your licence by trying to do it yourself. We prepare comprehensive affidavits for clients containing all the essential information the Court wants and needs to know. We do this so our clients can keep their driver licence. Don’t miss out by doing it yourself- engage an expert.

We have a 100% success rate in applying for Special Hardship Orders. If we think you will fail, we will tell you. We will only take your money if we believe you will succeed.

OUR MONEY-BACK GUARANTEE

For clients approved for our “money back guarantee”, we guarantee the Court will make you a Special Hardship Order. We are the first Queensland law firm to give such a guarantee. We will not charge you if the Court doesn’t make you a Special Hardship Order.

CONTACT US TODAY FOR A FREE CONFIDENTIAL CHAT  1800 529 000 OR FILL OUT THE FORM .

 

We’re Ready To Help You  Now!

CALL US NOW  ON 1800 529 000 FOR YOUR FIXED- FEE QUOTE

We offer an affordable fixed-fee service for clients applying for a Special Hardship Order to give you peace of mind.

The fixed fee is all-inclusive and includes:

  • Communicating with your lawyer.
  • Meetings with your lawyer.
  • Drafting your application for the Special Hardship Order.
  • Drafting affidavits to support your application for the Special Hardship Order.
  • One of our lawyers attending Court with you and speaking on your behalf at the hearing of your application for the Special Hardship Order.
  • Our lawyers communicating with the Department of Transport regarding your application.
  • Giving you advice about what you can do to improve your chances of getting the Special Hardship Order.

 

HOW CAN CRAVEN LAWYERS HELP YOU APPLY FOR A SPECIAL HARDSHIP ORDER?

 

Our lawyers will assist you in your application to the Court by:

  • Drafting professional affidavits that will include all the relevant information necessary to persuade the Magistrate to grant you the Order.
  • Communicating for you with Queensland Transport and Main Roads. Queensland Transport can oppose your application. A prosecutor from Queensland Transport will attend your hearing. They will the Court if they oppose your application. We don’t like surprises before going to Court. We make sure we speak to Queensland Transport before going to court to try and resolve any issues in advance of the hearing.
  • Going to Court with you and speaking for you at the hearing of your application. Our lawyers submit to the Magistrate why you should be granted the Order and what conditions should be included.

 

WHAT IS A SPECIAL HARDSHIP ORDER?

A Special Hardship Order is a Court Order which allows a person whose driver licence has been suspended to continue driving. The Order limits when and how the person can drive. Obtaining a Special Hardship Order is often called a special hardship licence.

 

WHO CAN APPLY FOR A SPECIAL HARDSHIP ORDER?

The rules relating to who can and cannot apply for a Special Hardship Order are contained in the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021. You can find the Regulation here https://www.legislation.qld.gov.au/view/html/inforce/current/sl-2021-0112

You can apply for a Special Hardship Order if you have an open or provisional licence which has been suspended because you:

(a) were convicted of driving more than 40 km/hour over the speed limit (often called a “high speed offence”); or

(b) you accumulated two or more demerit points while you were subject to a good driving behaviour period (accumulation of demerit points). 

 

WHO CANNOT APPLY FOR A SPECIAL HARDSHIP ORDER?

You cannot apply for a Special Hardship Order if within 5 years before your licence became suspended: 

♦ your Queensland driver licence had been suspended or cancelled, or you had been disqualified from holding or obtaining a Queensland driver licence.

♦ you had a non-Queensland driver licence that permitted you to drive on Queensland roads that had been suspended.

♦ you were made ineligible to hold a Queensland driver licence because:-

           (i) you accumulated too many demerit points.  

           (ii) you were convicted of driving over 40 km/hour over the speed limit while unlicensed.

♦ you had been convicted of dangerous driving under section 328A Criminal Code (Qld). 

 

HOW TO APPLY FOR A SPECIAL HARDSHIP ORDER

To make an application for a Special Hardship Order, you must:

1. Complete the approved Special Hardship Order application form. You can get the application form at your local courthouse or Queensland Transport and Main Roads TMR office.

2. Prepare material to support your application. This material may include:

(a) a detailed affidavit by you.

(b) if you need your licence to keep your job, then a detailed affidavit from your employer.

(c) if you are applying for the SHO for some reason other than to keep your job, then a Statutory Declaration or other documents to support your application.

(d) your traffic history. You can obtain this from a TMR customer service centre or online at https://www.service.transport.qld.gov.au/applyformytraffichistory/public/Welcome.xhtml?dswid=9136

(e) your criminal history if this is relevant to your application.

3. Complete a traffic offender program and get a certificate of completion.

4. File your application and affidavit material in the Magistrates Court. When you go to the Magistrates Court, you need to take a copy of the letter from TMR notifying you of your suspension. When you file your material in the Magistrates Court, the Court must be satisfied your driver licence is suspended.

5. Serve a Court-sealed copy of your application and affidavit material on Queensland Transport at least seven days before your court hearing date.

PLEASE NOTE: Once you have served a copy of your application and affidavit material on TMR, your driver licence suspension is lifted until the day before your hearing. This means you can continue driving until your Court date, but you cannot drive on your Court date.

 

WHAT MUST THE COURT BE SATISFIED OF BEFORE MAKING A SPECIAL HARDSHIP ORDER?

Before a Court can make a Special Hardship Order, it must be satisfied:

(a) you are a fit and proper person to continue to drive, having regard to your traffic history and the safety of other road users and the public generally and
(b) a refusal to make the Order would—
(i) cause extreme hardship to you or your family by depriving you of your means of earning a living (your ability to work); or
(ii) cause severe and unusual hardship to you or your family, other than by depriving you of your means of earning a living (i.e. other than for work); and
(b) when the Order is made, you hold an open or provisional licence, which would be valid, but for the suspension.

 

WHAT HAPPENS IF THE COURT REFUSES TO MAKE A SPECIAL HARDSHIP ORDER?

Suppose the Court refuses to make a Special Hardship Order. In that case, the suspension of your open or provisional licence continues for the remaining period of your driver licence suspension, less any time you had already served before you lodged your application.

 

CAN THE SPECIAL HARDSHIP ORDER BE VARIED?

Yes, however, you need to demonstrate to the Court a change in your circumstances (e.g. your place of work has changed).

 

WHAT HAPPENS AT THE END OF THE PERIOD OF THE SPECIAL HARDSHIP ORDER?

You must return to the Queensland Department of Transport and Main Roads to have your driver licence reissued without the Special Hardship Order condition on it.

 

WHAT HAPPENS IF THE COURT MAKES A SPECIAL HARDSHIP ORDER AND YOU DO NOT COMPLY WITH IT?

Suppose you do not comply with any of the conditions of the Special Hardship Order. In that case, you can be fined a maximum of 20 penalty units ($2,757.00).

If you are convicted of not complying with the Special Hardship Order, then the Court must disqualify you from holding or obtaining a Queensland driver licence for the following period—

♦ if you are convicted while the Special Hardship Order applies:-

♦ the period between the day of the conviction and the end of the order period; and

♦ 3 months from the end of the order period.

♦ if you are convicted after the Special Hardship Order stops applying to you—3 months from the day of the conviction.

CALL 1800 529 000 NOW BECAUSE YOU NEED YOUR LICENCE