SPECIAL HARDSHIP ORDER QLD (SHO)

WHAT IS A SPECIAL HARDSHIP ORDER?

A Special Hardship Order (Special Hardship Licence) is a Court order that lets you drive for specific purposes during your licence suspension. You’re still suspended, but the Court gives you permission to drive in limited circumstances. The Order will specify when and for what purposes you can drive (e.g. to get to and from work, to operate your business etc.)

If you are charged with drink or drug driving and need a licence, you can apply to the Court for a restricted licence (work licence application). 

WHO CAN APPLY FOR A SPECIAL HARDSHIP ORDER?

Not everyone’s eligible. There are specific rules about who can apply for a special hardship order in Queensland and when you can apply. These rules 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

To be eligible to apply, you must hold a Queensland  provisional or open 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). 

THE APPLICATION FOR A SPECIAL HARDSHIP ORDER

The application process is complicated, and if you stuff it up, the Court just says no and you’re stuck without a licence. You need to file an application in the Magistrates Court with all the right paperwork. There are affidavits to write, forms to complete, and documents to attach. Miss something, and your application gets rejected. The steps are detailed below. 

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 affidavits to support your application.  Please note your affidavit must be sworn before a Justice of the Peace, Commissioner for Declarations or Lawyer. Your material may include:

(a) an affidavit by you.

(b) an affidavit from your employer.

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

(d) your traffic history. You can order it online at https://www.service.transport.qld.gov.au/applyformytraffichistory/public/Welcome.xhtml?dswid=9136

3. Complete a traffic offender program and get a certificate of completion.
4. Lodge the application and supporting evidence in the Magistrates Court. 
5. Serve your application and affidavit material that has been stamped by the Court at a Queensland Transport customer service centre at  least seven days before your court hearing date. 

PLEASE NOTE: Once you have served a copy of your application and 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. If the Court grant a Special Hardship Order, you must go to TMR and be issued a replacement licence before driving.  

WHAT DO YOU NEED TO PROVE TO THE COURT TO GET A SPECIAL HARDSHIP ORDER?

Special hardship orders aren’t automatic. You have to apply to the court and convince a Magistrate that:

1. You’re a fit and proper person to hold a driver licence.

The Magistrate thinks about the safety of other road users. Are you a risk on the road? Have you done everything possible to make sure you won’t reoffend? The Magistrate will look at your traffic history and see what type of offences you have committed. They will consider if you have taken any steps to address your poor driving history such as completing a traffic offender program or a defensive driving course?

And

2. You or your family are going to suffer extreme financial hardship if you cannot drive.

This is the hard part. The court needs to see that losing your licence causes extreme hardship —not just inconvenience. You must be able to show the Magistrate that if you lose your licence you will lose your job. You must also prove that, by losing your job, you and your family will not be able to financially survive.

The court wants evidence, not just you saying it’s hard. An affidavit from your boss confirming you need to drive for work or they’ll fire you if you can’t. Extracts from Translink schedules to prove there are no buses or trains that actually work for your situation.

We’ve gotten special hardship orders for tradies who need to drive to different job sites, disability support workers who do home visits, clients who live in remote areas with no public transport, and shift workers whose hours don’t align with public transport.

Or

3. You or your family are going to suffer severe and unusual hardship if you cannot drive.

Applying for a special hardship licence on this basis is much more difficult than getting a licence to keep your job.  These applications require you to provide supporting letters/statutory declarations to support your application to prove the severe and unusual hardship aspect. We have got special hardship licences for single parents who need to drive their kids to school or medical appointments.

WHAT HAPPENS IF THE MAGISTRATE REFUSES YOUR APPLICATION?

If the Court refuses to make a Special Hardship Order that’s it, game over. You don’t get a second chance at it- your suspension continues, less any time you had already served before you lodged your application.

GETTING LEGAL ADVICE FOR YOUR APPLICATION

Special hardship order applications are complicated. Do it yourself and you’ll probably stuff something up and get rejected. Then you’re stuck without a license for months. We’ve been running these applications across Queensland for years. We know what evidence you need, how to write the affidavits and how to present your case. We’ve gotten special hardship orders approved in situations where people thought they had no chance.

The application costs money, but losing your job costs way more. Most of our clients say getting special hardship approved saved their careers, their families, and their whole lives.

FREE INITIAL CONSULATION

Call us today for a free first chat about your situation. We’ll tell you honestly whether you’re eligible for special hardship order, what evidence you’ll need, and what your chances are of getting approved.