SPECIAL HARDSHIP ORDER QLD (SHO)

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 that allows a driver whose licence has been suspended to drive for work or for other reasons under restricted and specific conditions. Obtaining a Special Hardship Order is often called a special hardship licence. 

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 IS ELIGIBLE TO 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

To be eligible to apply for a Special Hardship Order you must hold 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). 

You will receive a letter from the Department of Transport advising you when your licence will be suspended.  

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). 

THE SPECIAL HARDSHIP ORDER APPLICATION

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 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) 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. Lodge the application and supporting evidence in the Magistrates Court. When you go to the Magistrates Court, you must 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 your application and affidavit material that has been stamped by the Court on Queensland Transport 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 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.