WORK LICENCE QLD
WE HAVE A 100% SUCCESS RATE
We can help you get back on the road by helping you apply for a restricted licence, also known as a work licence. There are several rules to follow when applying for a work licence. It is critical you have a traffic lawyer assisting you with your application and drafting your affidavit material. Don’t miss out by trying to do it yourself.
What Is A Work Licence?
If you are convicted of drink driving, you will be disqualified from holding a driver licence for at least a month. If you are convicted of drug driving you also face a similar situation. Many people rely upon their driver licence to do their job, and without it they could not earn income. Losing their licence may cause them or their family to experience extreme hardship.
If you are charged with drink driving or drug driving and rely upon your driver licence for work, then you may qualify for a work licence (restricted licence).
A work licence is an Order of the Court that allows you to drive in certain circumstances that are directly connected to your means of earning an income. A work licence may specify:
♦ The type of motor vehicle and the size of motor vehicle you may drive.
♦ The purpose/s for which you can drive the motor vehicle.
♦ The times at which or the periods of times you can drive the motor vehicle.
For What Offences Can You Apply for a Work Licence?
To be eligible to apply for a work licence, you must plead guilty to one of the offences below: –
1. Drink driving where the blood alcohol concentration is less than 0.15%.
2. Failing to provide a specimen of breath or saliva on the roadside (i.e. not at the police station).
3. Driving while a relevant drug (Cannabis, Ecstasy or Ice) is in your blood or saliva.
Are You Eligible To Apply For a Work Licence?
In addition to pleading guilty to one of the relevant offences, you must also satisfy the below.
1. You were not the holder of a learner, provisional or probationary driver licence, or you did not hold a driver licence at the time of the offence.
2. Your provisional or open driver licence is not suspended or cancelled.
3. You have not been disqualified from holding or obtaining a Queensland driver licence 5 years before making the application for the work licence. There are some exceptions to this, for example if your licence was suspended by the State Penalties and Enforcement Registry (SPER) because you did not pay a fine.
4. You have not been convicted of the following in the 5 years before making the application for the work licence:
(a) Driving under the influence of alcohol or a drug.
(b) Failing to provide police a specimen of breath for a breath test, or a specimen of saliva for a saliva test
(c) Failing to provide police a specimen of breath for a breath test, or a specimen of saliva for a saliva test in the manner directed by the police officer who made the request.
(d) Committing outside of Queensland an offence equivalent to the above specified at (a) to (c).
(e) Dangerous operation of a vehicle under s328A Criminal Code.
5. You were not driving for work at the time of the offence.
6. You were not driving a motor vehicle you were not authorised, under a provisional or open licence, to drive.
7. You were not the holder of a work licence at the time of the offence.
8. You were not driving a tram, a train or a vessel at the time of the offence.
9. You were not the holder of a class RE licence for less than 1 year in the 5 years before the offence.
10. You were not driving a truck, a bus, an articulated motor vehicle, a B-double, a road train, a vehicle carrying a placard load of dangerous goods, a tow truck which is licensed or should be licensed under the Tow Truck Act 1973 while it operates as a tow truck under that Act, a pilot or escort vehicle that is escorting an oversize vehicle, a vehicle that has, or is required to have, a taxi service licence or limousine licence under the Transport Operations (Passenger Transport) Act 1994, a vehicle while it is being used by a driver trainer to give driver training, a specially constructed vehicle within the meaning of the driver licensing regulation or a tractor that is not a specially constructed vehicle.
When Must The Application For a Work Licence Be Made To The Court?
You must apply for the work licence before you are sentenced for the drink driving or drug driving offence. You cannot apply for a work licence after you have been sentenced.
To ensure your application is not refused and to ensure things go smoothly, you should:
1. File the application for a work licence in the Court before your sentence hearing.
2. Serve your application on the prosecution before your hearing date.
At time of your sentence hearing you must tell the Magistrate you are applying for a work licence. The prosecutor will read out the facts for the offence and will make submissions to the Magistrate. You then will need to make submissions about the offence and your application for the work licence. The Magistrate will then decide the penalty and if your application for the work licence is granted. If the Magistrate agrees to grant you a work licence, they will decide what conditions will be imposed.
What Must You Show The Court To Be Granted a Work Licence?
1. You hold an open driver licence.
2. At the time of the offence you held an open driver licence.
3. You are a fit and proper person for a work licence. To satisfy this, the Court determines if you are a risk to road users or the public.
4. You or your family would suffer extreme hardship because you could not earn an income without your driver licence.
The Court will not grant you a work licence because it is more convenient for you to drive. You need to show the Court that without a driver licence you cannot do your job. If you do not need your driver licence once you get to your workplace, but you do need it to get to and from work, then you may qualify. Such situations may arise where there is no public transport available or you do not have someone who can drive you.
What Happens If The Court Makes an Order For a Work Licence?
If the Court makes an Order for you to be issued a work licence you will need to take the Order to Queensland Transport. Queensland Transport will then issue you the work licence (restricted licence).
The work licence will permit you to drive according to the specified circumstances in the Order. For example, the Order will specify such things as:
- What type of vehicle/s you can drive.
- The hours (time of day or night) you can drive.
- The days of the week you can drive.
- If you need to wear a work uniform while driving.
- If you need to keep a log book when driving.
- If you can transport passengers.
Why Engage Us to Assist You Applying For a Work Licence?
You only get one chance to apply to the Court for your work licence. You want to achieve the best possible result so you get the work licence with the conditions you need.
Our lawyers have a 100% track record in successful work licence applications. Our lawyers know what to include in affidavits so they address everything the Court needs to know. We know what submissions to make to the Court to achieve you the lowest penalty.
Speak With Us Today!
Our experienced Brisbane traffic lawyers are here to help you get your work licence . Please call us on (07) 3172 7100 or submit the form below so we can assist you.
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