If you exceed the posted speed limit by more than 40km/h then you will be fined and suspended from driving for a period of 6 months.
After you pay the fine on the speeding ticket Queensland Transport will write to you stating that your licence will be suspended for a period of 6 months. You can apply for a special hardship licence (“SHO”) if you require a licence.
The grounds for applying are:
- that losing your licence will result in extreme hardship to you or your family by depriving you of the means of earning a living, or
- that losing your licence will cause you or your family severe or unusual hardship
If you have had your licence disqualified by a court or suspended in the last five years you are not eligible to apply for a special hardship order. In most cases, if your licence has been suspended by Queensland Transport in the last five years you will not be able to apply for a special hardship order either.
If you are granted your application your licence suspension ends from that date but you can only drive in accordance with the conditions in the special hardship order. Generally the licence conditions will specify you may drive for work purposes or certain defined occasions e.g. taking someone to hospital on a regular basis to receive treatment.
You must lodge your application for a special hardship order within 21 days of the date the suspension starts. The application for the special hardship licence must be undertaken in the Magistrate’s court nearest to where you live.
Special hardship licences have become more common as the amount of speed cameras on Queensland roads has increased. We at Clarity Law have conducted numerous special hardship applications. The courts have recently begun cracking down on the issue of these licences; it is no longer as easy to get a special hardship licence however with the use of proper material and submissions to the court we have been able to obtain all special hardship licences we have applied for on behalf of our clients.
Any application for a special hardship licence will require detailed affidavits from yourself and in some cases your employer. We are happy to discuss, free of charge, whether you can apply for a special hardship licence and what activities the court may allow you to drive for.
Feel free to contact us by email or phone or even better simply complete the form on the hardship licence page.