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04/04/2019

Time Limit Change for Special Hardship Orders

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Recent changes to the legislation covering special hardship orders (SHO) will increase the amount of people who can apply in Queensland.

Currently people who elect to go on a good driving behaviour period after accruing too many demerit points and then exceed the demerit points on that driving behaviour period or those who commit a high speed offence (over 40 km/h) may be able to apply for a special hardship order to allow them to drive for certain specified reasons, generally work related. All the details on special hardship licences and the eligibility requirements can be found on our special hardship information page.

The time limit for applying for the special hardship licence was strictly 21 days after the licence became suspended.

However as of 1 April 2019, the application period for suspended drivers seeking a SHO was removed. The amendment provides flexibility by taking into account that a suspended driver may experience a change in circumstances at any point during their licence suspension period that would require them to apply for a SHO. From 1 April 2019, a driver on a suspended licence may apply at any point in time during their suspension for a SHO should they need to and should they meet the eligibility requirements.

None of the eligibility requirements have changed and the granting of the special hardship order is still up to a Magistrate but the amendment to the legislation provides more flexibility to people on a suspension who suddenly find their circumstances changing and the need to drive becoming a necessity.

Its important to note that the period of the special hardship order has not changed. The period of the suspension before applying for a special hardship licence will not count towards the period of the special hardship licence. In most cases the SHO runs for 6 months that means if a person’s licence was suspended 3 months ago and they then decided to apply for a special hardship order they would still have to serve at least 6 more months on the SHO.

For more information check out of website at www.drivinglaw.com.au

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