People often call us seeking a limited licence. So what exactly is a limited licence, when would it apply and how would I go about getting a limited drivers licence?
What is a limited drivers licence?
Well actually there is no such thing as a limited licence. The term is not used in the law in Queensland and also not used in the courts.
When people are talking about a limited licence it is an overall term for two different types of restricted licenses namely
Lets look at them both in more detail
Work Licence
In Queensland, drivers convicted of specific offences such as low or mid-range drink driving or certain drug driving charges may be eligible to apply for a work licence. A work serves as a provisional permit allowing individuals to continue driving under specific circumstances for work purposes.
The Eligibility Criteria
To be considered for a work licence, you must fulfil the following criteria:
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Hold a current Queensland open driver's license.
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Have a blood alcohol level of less than 0.15% at the time of the offence.
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Not be driving for your job at the time of the offence.
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Not have been under a licence requiring zero blood alcohol level at the time of the offence.
Application Procedure
The application procedure for a works licence includes:
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Providing an affidavit detailing personal circumstances, work details, hours of work, inability to use public transport or taxis, financial circumstances, implications on income or employment, and details of the drink driving charge.
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If employed, your employer must furnish an affidavit corroborating the necessity of a work licence, accentuating the impact on the means of earning your income.
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Collection of an application form for obtaining a work licence from the court registry.
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Ensure both you and your employer sign the affidavits in the presence of a Justice of the Peace, Solicitor or Commissioner of declarations.
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Submit the original signed affidavits with two photocopies at the court registry and a copy to the Police Prosecutions unit.
Licence Conditions
It's important to be aware that the court can impose conditions on your work licence. These conditions may include restrictions on the days and hours you can drive, a limitation on the number of passengers you can carry, requiring a log book, and even stipulating that you wear a work uniform while driving.
Once your application is successful, you will have four demerit points available and a zero alcohol limit for one year after being granted a work licence.
Special Hardship Licence
A Special Hardship Licence is an order given by the court that allows you to drive under certain circumstances, even though your driver's licence has been suspended. It offers a lifeline for those faced with extreme hardship, promising to ease challenges whilst remaining within the borders of the law.
Who can apply?
The only circumstances in which you can apply for a special hardship licence is when either;
- You have exceeded your demerit points on a good driving behaviour period; or
- Exceeded the speed limit by more than 40 km/h
Eligibility Criteria
To be eligible, you need to hold a current Queensland open or provisional driver's licence not have had your licence suspended or disqualified in the last 5 years.
The Application Process
Applying for a Special Hardship Licence is no walk in the park. It involves filing an affidavit, attending court, and serving documents on Queensland Transport.
Court Process
The court will evaluate whether you are a 'fit and proper person' and if the denial of the licence would cause extreme hardship. If the court deems the hardship as severe, restrictions may be imposed on the licence, such as limiting driving hours or carrying passengers.
If the court fails to grant the Special Hardship Order, your licence suspension will continue for the remainder duration.
After successful acquisition of a special hardship licence, it's essential to visit Queensland Transport to have your licence reissued and adhere to all court order requirements. If the terms of the licence need to be varied, you can apply to change the restrictions.
Conclusion
When people talk about a limited licence they are in fact referring to either a work licence or a special hardship licence.
Works licenses are for certain drug and drink driving charges.
Special hardship licenses are for people who have exceeded the speed limit by more than 40 km/h or incurred 2 or more demerit points on a good driving behavior period.
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