WORK LICENCE QLD EXPERTS
At Craven Lawyers we will help you keep your driver licence by helping you apply for a Work Licence. When applying for a Work Licence you need to follow the rules. It is important a lawyer helps you do this. Our traffic lawyers prepare comprehensive affidavits for clients, so when they go to court they have covered everything they need to. Don’t lose your driver licence by trying to do it yourself–engage an expert.
FIXED FEE WORK LICENCE SERVICE
As a client-orientated law firm, we offer clients an affordable fixed fee service when applying for a Work Licence. A fixed fee gives you peace of mind because it is fixed, there are no hidden secrets.
Our fixed fee service includes:
- Communications with your lawyer.
- Meetings with your lawyer.
- Drafting your application for the Work Licence.
- Drafting affidavits to support your application for the Work Licence.
- One of our experienced traffic lawyers going to Court with you and speaking for you at the hearing of your application for the Work Licence.
- Our lawyers communicating with the prosecution.
- Giving you advice about what you can do to improve your chances of getting the Work Licence.
PHONE US TODAY ON
1800 529 000
WHAT IS A WORK LICENCE?
If you get convicted of drink driving, the Court will disqualify you from holding a driver licence for at least a month. If you get convicted of drug driving, you also face a similar situation. Many people rely upon their driver’s 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 financial hardship.
If you are charged with drink driving, or drug driving and you need your driver’s licence for work, you may be eligible for a Work Licence. A Work Licence is an Order of the Court allowing you to drive in certain circumstances connected with your work. You cannot drive for personal reasons like going to the supermarket. If the Court makes a Work Licence, your driver licence is suspended, but the Work Licence allows you to drive in certain situations for work.
WHO CAN APPLY FOR A WORK LICENCE IN QLD?
To be eligible to apply for a Work Licence:
- You must be charged and plead guilty to one of the following offences:
(a) Drink driving where the blood alcohol concentration is less than 0.15%.
(b) Failing to provide a specimen of breath or saliva on the roadside (i.e. not at the police station).
(c) Driving while a relevant drug (Cannabis, Ecstasy, or Ice) is in your blood or saliva.
- You held an open driver licence at the time of the offence.
- 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.
- A refusal to make the Work Licence would cause extreme hardship to you or your family by depriving you the means of earning a living.
WHO IS NOT ELIGIBLE TO APPLY FOR A WORK LICENCE?
You are not eligible to apply for a Work Licence if:
- You have 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
- You have been convicted of the following offences 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.
- You were driving for work at the time of the offence.
- You were driving a motor vehicle you were not authorised to drive at the time of the offence.
- You were the holder of a Work Licence at the time of the offence.
- You were driving a tram, a train or a vessel at the time of the offence.
- You were the holder of a class RE licence for less than 1 year in the 5 years before the offence.
- You were 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.
WHAT CONDITIONS MAY BE INCLUDED IN A WORK LICENCE?
A Work Licence may include the following conditions:
♦the purpose for which a motor vehicle may be driven under the licence.
♦ the class of motor vehicle you can drive.
♦ the times of days and the days of the week you can drive a vehicle.
♦ if you need to keep a logbook of your driving.
♦ If you can carry passengers in your vehicle when driving.
♦If you need to wear a uniform when driving.
WHAT MUST YOU SHOW THE COURT TO BE GIVEN 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 need it to get to and from work, then you may qualify. Such situations may arise where there is no public transport or you do not have someone who can drive you.
WHAT CAN I DO TO IMPROVE MY CHANCES OF GETTING A WORK LICENCE?
If you want to improve your chances of getting a Work Licence, there are three key things you need to do:
- Prepare a comprehensive affidavit demonstrating to the court why you need a driver licence for your work and why you are a fit and proper person to hold a driver licence.
- Get character references from persons who know you well.
- Complete a traffic offender program.
TRAFFIC OFFENDER PROGRAMS
As part of your application, you must be able to show the Court you are a fit and proper person to hold a driver licence (i.e. you are not a risk to other road users). Completing a traffic offender program is positively looked upon by the Courts and assists in helping to show the court you are a fit and proper person to hold a driver licence.
There are a few options regarding traffic offender programs (the most well-known being QTOP), a few of which are detailed below.
- The Queensland Traffic Offender’s Program (QTOP).
- Road Sense Australia’s Traffic Offender Program.
- SAVE – Traffic Offender Intervention Program.
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:
- File the application for a Work Licence in the Court before your sentence hearing.
- Serve your application and a copy of your supporting affidavit material on the prosecution at least 7 days before your hearing date.
WHAT HAPPENS IF YOU CANNOT FILE YOUR APPLICATION FOR A WORK LICENCE AT LEAST 7 DAYS BEFORE YOUR COURT DATE?
You will likely have been issued a notice to appear by the police for the drink driving or drug driving charge telling you to go to court on a date. In most situations, the court date will come around before you have time to file your application for the Work Licence and get your affidavit material ready. If this happens, you can tell the Court you will be pleading guilty to the charge, but you want to make an application for a Work Licence.
GOING TO COURT TO APPLY FOR AN ADJOURNMENT TO FILE YOUR WORK LICENCE APPLICATION
The Magistrate courthouses generally do not open until 8:30am. It is common practice for Court to start at 9:00am. You want to get to Court early, because the sooner you speak to the police prosecutor about your case, the earlier you will likely be out of court.
INSIDE THE COURTROOM
Whenever the Magistrate is sitting in the courtroom you must bow towards the coat of arms in the centre of the room (the Magistrate usually sits below it) when you enter and exit the courtroom.
When you go into the courtroom there will likely be a queue of persons waiting to speak to a police prosecutor. The police prosecutor stands to the far right of the bar table (the table in the centre of the courtroom). The police prosecutor usually wears a blue suit or blue shirt with police badges on it. You need to join the queue and when you speak to the police prosecutor you can tell them:
I will be asking the Magistrate to adjourn my matter for sentence because I am making an application for a Work Licence.
Once you have spoken to the police prosecutor you will need to sit down in the back of the courtroom (the public gallery) and wait for your name to be called out by the prosecutor. When your name is called out you can go to the left side of the bar table. The Magistrate will probably confirm with you that your name.
WHAT TO TELL THE MAGISTRATE WHEN ASKING FOR THE ADJOURNMENT
Your Honour I am seeking for my matter to be listed for sentence because I am making an application for a Work Licence.
The Magistrate should list your matter for hearing and advise you that you are granted bail on your own undertaking. The Magistrate will tell you to wait at the court registry to sign the bail undertaking. After your court appearance you need to wait at the court registry for your name to be called out by a clerk of the court. When your name is called out, you will need to sign the bail undertaking (a promise you will turn up to court on the next occasion).
FILING YOUR MATERIAL FOR THE WORK LICENCE APPLICATION IN THE COURT REGISTRY
When you file your material for a Work Licence Application in the Court, the steps are:
- You need to take the original of each affidavit you are relying upon and 2 copies of each of them.
- You need to complete the Restricted Licence Application Form (Work Licence Application Form). The form is generally available at courthouse registry (you may have to ask a clerk at the court registry for it).
- Once you have completed the Restricted Licence Application Form you give to the clerk:
- The completed Restricted Licence Application Form; and
- The original of each affidavit you are relying upon and 2 copies of each of them.
- The Clerk of the Court should stamp each affidavit and hand you back the two copies of each affidavit and two copies of the Restricted Licence Application Form.
SERVING YOUR WORK LICENCE APPLICATION ON THE PROSECUTION
You must serve a court sealed copy of your Work Licence Application form and each affidavit. In an ideal world, you would type up a letter enclosing the material. However, if you do not have time for this, you can always hand it to the prosecution. If you do this, I would note the name of the person you hand it to and the date and time you do it. You want to do this because if for some reason the prosecution say they don’t have a copy of your material, you have a record of who you gave it to and when.
WHAT HAPPENS AT THE HEARING OF YOUR WORK LICENCE APPLICATION?
The hearing of your Work Licence application is part of the sentencing process for your drink or driving charge.
- The prosecutor will call your matter on. They will say something to the Magistrate like “Would Your Honour take the matter of…..”.
- When you hear your name called out, you will need to stand to the left of the bar table. You will see the prosecutor standing to the right-hand side of it.
- The Magistrate will likely ask you your name, and what you are doing with the charge today.
- You can tell the Magistrate you are pleading guilty to the charge and you are applying for a Work Licence.
- The Magistrate will likely confirm they have your application and affidavit material on the court file.
- The prosecutor will read out the facts for the offence. The facts the prosecutor reads out to the Magistrate will generally come straight from the QP9 Court Brief, a copy of which you should already have. The prosecutor will tender (give to the Magistrate) a copy of any criminal history and traffic history you have, and a copy of the Breath Analysis Certificate (proving your alcohol reading) or Drug Analyst Certificate (proving the drug/s in your saliva).
- 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 driver licence disqualification to give you. If the Magistrate agrees to grant you a Work Licence, they will decide what conditions to be imposed.
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 need to take the Order to the Department of Transport and Main Roads. The Queensland Department of Transport and Main Roads will 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.
WHAT HAPPENS IF YOU DO NOT COMPLY WITH THE CONDITIONS OF THE WORK LICENCE?
If you do not comply with all conditions of your Work Licence:
- you can be fined a maximum of 20 penalty units for breaching the licence.
- if your Work Licence is current it is cancelled.
- you will be disqualified from holding or obtaining a Queensland driver licence for:
- 3 months after the disqualification period in respect of the Work Licence has ended (for example, if you are sentenced for breaching the restricted licence and you had 3 months left, you would then have an additional 3 months added to the disqualification period (meaning a total of 6 months without a driver licence); or,
- if you are convicted of breaching a condition of the Work Licence after the licence has expired, then you will be disqualified for 3 months from the date of the conviction for the breach.
WHAT HAPPENS AT THE END OF THE WORK LICENCE?
Once your driver licence disqualification period has ended, you must go to the Queensland Department of Transport and Main Roads to have your driver licence reissued without the restricted licence condition on it. You will be issued a probationary licence for a period of 12 months. This means must have a zero blood alcohol concentration when driving on this licence.
7 REASONS TO CHOOSE US TO HELP YOU APPLY 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.
- We have a 100% track record in successful Work Licence applications.
- We offer a real fixed fee, all-inclusive fee for your application, with no hidden extras.
- We will only take you on as a client if we believe we can get you a Work Licence. We don’t take money from people giving them a false hope of getting something if we don’t believe we can deliver.
- 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 and driver licence disqualification.
- We save you time and stress.
- Because you are legally represented you will get priority in Court. You will not have to sit around all day waiting for your application to be heard. The prosecution gives priority to persons who have lawyers.
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PHONE 1800 529 000
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