Clarity Law - drivinglaw.com.au

South East Queensland's most experienced traffic law firm

special hardship licence

  • Driving 40km/h over Speed Limit

    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.

    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. 

    We have extensive information on special hardship application on our hardship licence page or check out our ultimate guide to special hardship applications.

     

    How do I get more help or engage you to act for me? 

    We have been operating since 2010 and undertaken over 1,000 successful special hardship licence applications throughout South East Queensland.

    If you want to engage us or just need further information or advice then you can either;

    1. Use our contact form and we will contact you by email or phone at a time that suits you
    2. Call us on 1300 952 255 seven days a week, 7am to 7pm
    3. email This email address is being protected from spambots. You need JavaScript enabled to view it.
    4. Visit our special hardship application page

    We cover all courts in South East Queensland from the Gold Coast to Brisbane and the Sunshine Coast and out to Toowoomba.  We have 6 offices in South East Queensland to assist people. We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about special hardships. You will not be chased or hounded to engage us.  Remember its critical you get advice before going to court, failing to get a special hardship licence or one that is too restrictive will have an impact on you, your family and your employment or business.

      

    Need more information?

    We have a range of articles on Special Hardship Orders on our blog.  Some of the most recent have included:

  • Driving children under a Special Hardship Licence

    We often get calls from people needing a special hardship licence for work purposes who also desire to be able to drive their children to school or other activities under that hardship licence.

    First a bit of background, a special hardship licence or special hardship order is a licence that may be available to people who exceed their demerit points, elect to go on a 12 month good driving behaviour period and then during that period incur further demerit points.  In those circumstances unless a person applies for a special hardship licence then they will have their licence suspended for a minimum of 6 months and be unable to drive.  A person who has their licence suspended for exceeding the speed limit by more than 40 km/h (a high speed suspension) may also be eligible to apply for a special hardship licence. For more information about special hardship licences see our webpage - www.drivinglaw.com.au/hardship-licences.html

    The special hardship licence is only available to people who are on a Queensland open or provisional licence and who have in the previous 5 years not had a licence suspension or disqualification (excluding SPER suspensions).

    The special hardship licence is available where if the court were not to grant the order the applicant or their family would;

    1.      suffer extreme hardship by depriving them of the means of earning a living; or

    2.      suffer severe and unusual hardship for some other reason

    To apply for a special hardship licence a person must lodge affidavits for themselves and their employer (if they are not self-employed) and must appear in their local court before a Magistrate to argue for the special hardship licence to be granted. For information on the timeline of a special hardship application see our previous article www.drivinglaw.com.au/blog/item/6-special-hardship-application-time-frames.html

    In most cases it is relatively easy to establish that a person would suffer financial hardship if they lost their licence and as a result could not work.  What is much tougher is being able to establish that a person would suffer severe and unusual hardship if they could not drive their children to school or other activities.

    It is important to note that a special hardship licence is not a licence to be able to drive whenever a person desires, the order for the special hardship licence, if granted by the Magistrate, will restrict the hours, days, reasons and places a person can drive.  The order will also restrict who a person can have in the car with them.  Therefore to be able to drive children a person would need to first convince the court that they or their family would suffer severe and unusual hardshipif not able to drive the children and if that is established then the court will need to specify exactly where and when the children could be driven.

    The general attitude of most Queensland Magistrates is that they will not grant a person the ability to drive their children to school or other activities. To be able to convince the Magistrate to grant the right to drive children to school generally a person would have to prove that;

    1.       There is no public transport available to transport the children to school;

    2.      There is no one else who could drive the children i.e a partner or family member (further Affidavits on behalf of these people may be required in some circumstances);

    3.      The hours the parents work is such that driving the children to school is the only viable option to get them to school; or

    4.      The children have special needs that means driving them to school is the only option.

    When it comes to being able to drive the children to sporting or other activates the courts are even more reluctant to allow this.  Generally a person would only be able to drive their children to these activities if they could prove that

    1.      The children have special needs such that the sporting or other activities help with or

    2.      The children are competing at such a high level that if the parents cannot drive them they are likely to suffer severe and unusual hardship

    The court would be looking for affidavit evidence from a doctor or a coach confirming the need to drive the children.

    Due to the complexity of special hardship licence application, especially when requesting the licence to cover children’s needs it is important to engage a professional to represent you.

    Clarity Law is Queensland’s leading traffic law firm covering every court is South East Queensland.

    We undertake special hardship applications in Courts across South East Queensland every day, it is this experience, and our expertise that allows us to get the absolute best result for clients.  Other law firms simply don’t have the experience that we do and don’t know the process and the Magistrates like we do.  We also offer the most competitive prices in Queensland that are all fixed fee so there are no nasty surprises when you receive your invoice.  If you want to engage us or just need further information or advice then you can either;

    For more information visit our drink driving page or call 1300 952 255 7am – 7pm seven days a week

    Disclaimer:

    The information provided is for informational use only, and are in no way intended to constitute legal advice or to create a lawyer-client relationship, and you should not act or rely upon any information appearing in this article without seeking the advice of a lawyer. Moreover, because the law is constantly changing, the information appearing in this article are not guaranteed to be correct, complete, or up-to-date.  Steven and Clarity law only undertake matters in Queensland.

     

    Clarity Law's liability limited by a scheme approved under professional standards legislation.

  • Driving Offences

    A driving offence and the threat of losing your licence can have a devastating impact on your life.  It is critical that whatever the driving charge that you get the best legal representation.  We get calls every week from people who have been to court without a lawyer and received a punishment much more severe than they thought it would be, at that point there is not much we can do to help.  None of our clients have ever regretted getting good legal advice and representation.  Remember we are experts on traffic law in Queensland.

     

    Drink Driving 

    Drink driving in Queensland is a serious offence and there is a no tolerance attitude by the courts, if you are ‘over the limit’ you will be charged and you must receive some period of disqualification

    It may be possible for you to apply for a work licence but this must be done at the time you appear in the court to plead guilty, it cannot be done afterwards.  Please see our section on work licences for further information.

    Well thought out submissions and arguments before a Magistrate can in our experience significantly reduce the length of your disqualification.  There are a number of factors that can lead a magistrate to impose the lowest penalty possible, we know them all.   Visit our drink driving page for more information.

     

    Drug Driving

    Drug driving is becoming more common on Queensland roads. 

    There are two possible drug driving charges in Queensland either;

    • driving whilst a relevant drug is in the system; or
    • driving under the influence of a drug (“DUI”)

    In essence driving with a relevant drug in the system is similar to low range drink driving while driving under the influence of a drug is similar to high range drink driving.

    The punishments are similar to drink driving offences and it may be possible to apply for work licence.  For more information visit our drug driving page.

     

    Careless Driving

    Careless driving is also known as driving without due care and attention.   The charge is less serious than dangerous driving but can still carry an extensive disqualification period.  Typically the Police issue careless driving charges for traffic accidents where they feel the driver is at fault.  The Police must be satisfied that you drove without due care and attention or without reasonable consideration for other road users.  You can be charged with careless driving even if on private property.  The court has the ability to impose a disqualification period if the circumstances warrant.  The disqualification can range from 1 month to an absolute disqualification.  Visit our careless driving page for more information.

     

    Disqualified Driving

    Disqualified driving is an extremely serious charge in Queensland.  The Courts are particularly hard on these types of offences as to be charged with disqualified driving you must have been disqualified by a court but still chosen to drive.  Magistrates often feel a personal affront that you have disobeyed their orders.

    The charge is different to unlicensed driving or driving without a licence as there must be a previous disqualification by the courts still in place at the time the offence was committed.

    Jail is often imposed by the courts for disqualified driving, even on rare occasions for first time offenders.  It is vital to try and convince a Magistrate that jail is inappropriate and that a more appropriate penalty is community service or probation.  The court will also impose a further disqualification of your licence, from 2 up to 5 further years.  Visit our disqualified driving page for more information.

     

    Unlicensed Driving

    People are charged with unlicensed driving because at the time of their licence status was checked by the police they were not licenced to drive on Queensland roads.

    The typical types of unlicensed driving charges include;

    1. Unlicensed driving– applies generally where people have forgotten to renew their licence
    2. Unlicensed driving (SPER suspended) – applies to people who have a debt with the State Penalties Enforcement Registry (SPER) that they haven’t paid and SPER has suspended their licence
    3. Unlicensed driving (demerit point suspended) – applies to people whose licence has been suspended for too many demerit points.  Generally Queensland Transport would have written to a person who exceeded their demerit points and that person has elected a 3 month suspension or failed to elect a good driving behaviour period and their licence was automatically suspended for 3 months.
    4. Unlicensed driving (disqualified by court order) – applies to people whose licence has been disqualified by a court.  This is a very serious charge, for more information visit our disqualified driving webpage

    Visit our unlicensed driving page for more information.

     

    Evading Police

    The charge of evading police, also known as failing to stop is an extremely serious charge with the Queensland Government enacting some of the toughest legislation in the country.  The government have shown a continued desire to see people jailed for evading the police.

    Visit our evading police page for more information.

     

    Dangerous Driving

    Dangerous driving is one of the most serious traffic offences in Queensland.   Dangerous driving, depending on the circumstances of the offence can be either a traffic offence or a criminal offence.   The penalty for dangerous driving can be up to 5 years imprisonment and a fine of up to $4,000.00 depending on a number of factors including whether the driver consumed alcohol or was speeding.

    If a person is injured or killed as a result of an accident it is possible to be charged with Dangerous Driving causing injury or death.   If any of the following aggravating circumstances exist then the maximum penalty is 14 years in prison:

    • at the time the person was adversely affected by alcohol or drugs; or
    • at the time the person was excessively speeding or taking part in an unlawful race; or
    • the person has previously been convicted for dangerous driving

    It is critical to get legal advice if you are charged with dangerous driving as prison is a real possibility for this offence or at the very least a large fine and a long disqualification period.   A person should never appear unrepresented on a charge of dangerous driving as the legal issues are simply too complex.  Visit our dangerous driving page for more information.

     

    Special Hardship Licence

    Where you have exceed 2 or more demerit points in a good driving behaviour period or exceed the speed limit by more than 40 km/h (high speed offence) it might be possible to apply for a special hardship licence to continue to drive for certain work and personal reasons. Visit our special hardship licence page for more information.  There are very strict rules regarding who can apply for a special hardship licence.

     

    How do I get more help or engage you to act for me? 

    We have been operating since 2010 and undertaken thousands of cases throughout South East Queensland.

    If you want to engage us or just need further information or advice then you can either;

    1. Use our contact form and we will contact you by email or phone at a time that suits you
    2. Call us on 1300 952 255 seven days a week, 7am to 7pm
    3. email This email address is being protected from spambots. You need JavaScript enabled to view it.
    4. Visit our main website page
  • Hardship Licences

     

    Special hardship licences or hardship licences are an option the Queensland Magistrates courts have to allow a person to continue to drive even though their licence will be suspended by Queensland Transport. Though it is similar to a work licence it is actually a separate type of application.

     

    The basics

    A special hardship licence or special hardship order is a licence issued when you exceed 2 demerit points on a good driving behaviour period or have exceeded the speed limit by more than 40 km/h (high speed suspension).  It is also known as a hardship licence, SHO, demerit point licence, good driving behaviour licence or special hardship order.

    If you accumulate too many demerit points, Queensland Transport will write to you giving you the choice of a licence suspension (usually 3 months) or a 12 month good behaviour driving period where you have 1 demerit point for 12 months.  If you choose the suspension or do not reply to this letter, then you have no appeal and cannot get a hardship licence.

    If you opt for a good behaviour driving period and lose two or more demerit points during that period, in certain circumstances you can apply to a Magistrates Court for a special hardship order to enable you to drive for particular purposes only.  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

    Where you have exceeded the speed limit by more than 40 km/h (high speed suspension) then once that offence is finalised (generally when the speeding ticket is paid) Queensland Transport will send a letter with a date your licence will be suspended for 6 months and it is at this point you may be apply for a special hardship licence.

     

    Can I apply?

    If you have had your licence disqualified by a court in the last five years you are not eligible to apply for a special hardship licence. In most cases, if your licence has been suspended by Queensland Transport in the last five years you will also not be able to apply for a special hardship licence unless that suspension related to an unpaid SPER debt.   You must also hold an open or provisional Queensland drivers’ licence to apply for a hardship licence.

    If you are granted a special hardship order 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 and/or certain defined occasion’s e.g.  taking someone to hospital on a regular basis to receive treatment or taking children to school where there is no public transport options at all.

    A special hardship licence is only available where you have exceeded the demerit points on a good driver behaviour period or have exceeded 40 km/h.  You cannot get a special hardship licence because;

    • the court has already disqualified you but you need to drive
    • you have been convicted of a drink driving offence and need a licence (see work licence application)
    • you are on a learners licence but need to drive to work without someone else in the car to supervise
    • you don’t have a licence or are on a learners licence but need to drive

     Queensland Transport also lists the requirements for a special hardship licence on their website.

     

    Where and when can I apply?

    There is no time limit for applying for a special hardship licence.  The application for the special hardship licence however must be undertaken in the Magistrate’s court nearest to where you live. Once you have filed your application and supporting documents you will be given a court date and you can drive as you like up until midnight before that Court date. You will need to contact your local court to check that it has jurisdiction to hear your application, just because the court is close to you doesn’t mean it necessarily is the correct court. The Government has a list of courthouses and their contact details.

     

    What’s the difference between a special hardship order, restricted licence, demerit point licence or hardship licence?

    Nothing, they are all terms used by people to describe the same thing.  The terms restricted licence, demerit point licence, high speed licence or day lcicence are quite commonly used by the general public.  In the court lawyers, the Queensland Transport prosecutor and the Magistrates generally use the terms special hardship order or “SHO”.  People also quite often refer to the process as a "work licence application" however this is not correct as a work licence is only for drink or drug drivers.

     

    Will I get a special hardship licence?

    Special hardship licences have become more common as the amount of speed cameras and other police enforcement on Queensland roads have increased.  The courts have recently begun cracking down on the issue of special hardship licences; it is no longer as easy to get a special hardship licence as it once was however with the use of proper material and submissions to the Court we can maximise your chance of getting a hardship licence and indeed our success rate is over 99%.

    Any application for a special hardship licence will require detailed affidavits from yourself and if applicable, your employer, you cannot simply lodge letters from yourself or your employer.  The court must be satisfied that you will lose your means of earning your income or there is some other issue that without a licence will cause you to suffer a severe or unusual hardship  The hardship cannot be a mere inconvenience or difficulty, it must be a extreme, severe or unusual hardship.  The court will need to be convinced no public or alternative transport is available to you.

    The application is heard before a Magistrate who will decide whether you get the special hardship licence based on your affidavit material and what you say in the court.

     

    What needs to be filed with the court?

    You must file in court and serve on Queensland Transport the following;

    1. Your affidavit
    2. Your employer’s affidavit (if you are an employee)
    3. A special hardship application form

     

    What needs to be in my affidavit?

    Your affidavit is the key document the court will look at, if its wrong, if it doesn’t contain all the information necessary or if its poorly written then the court will not grant the application for a special hardship order.

    The affidavit must contain enough information to convince the court you are a fit and proper person to be granted a hardship licence and the reasons if the application is not granted that you will suffer extreme hardship.

    It is almost impossible for a non lawyer to get the affidavits right but your affidavit would have to contain at least the following:

    Name, age, address, who you live with

    Family details

    Details of your employment or business like

                    How long you have work with your employer/business

                    What your work consists of

                    What driving you do for work

                    What days/hours you work

                    Why you need a hardship licence

                    What will happen without the licence

                    Why no other options such as taxis are appropriate

    You and your family’s finances including:

                    Income earned

                    Expenses

                    Liabilities

    If you are wanting to drive for non-work reasons full details of this and why the court should grant it

    Remember it needs to be an affidavit, a statutory declaration or letter are not good enough. The affidavit must be signed by you before a lawyers or Justice of the Peace.

    The biggest reason people fail in being granted a special hardship licence is their affidavit isn’t good enough.

     

    What factors does the court look in deciding whether to grant the hardship licence?

    In order to be granted a special hardship license the court must consider;

    • If 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; and
    • If the application is refused it would cause you;
    • extreme hardship to you or your family by depriving you of your means of earning a living; or
    • severe and unusual hardship to you or your family, other than by depriving you of your means of earning a living

    In essence the court looks at you, your traffic history and your reasons for needing the hardship order. Remember the test is extreme hardship or severe and unusual hardship so things like dropping children at school or driving elderly relatives to medical appointments or shopping can be very hard to convince a Magistrate to grant.

     

    What can I do to improve my chances of getting a hardship licence?

    You need to have a properly drafted affidavit that covers everything the court needs to know. If this is done right you have a good chance of being granted the licence. Its impossible to stress how important the affidavit is this is why engaging an experienced traffic law firm is so important.

    You should also complete a driving course such at Queensland Traffic Offenders Program (“QTOP”). This course is often the factor that sways a Magistrate into granting the application. We are proud to be a sponsor of QTOP.

     

    Does my employer have to know about my application?

    If you are not a contractor or self employed but are employed then your employer must sign an affidavit confirming you will be deprived of your income if the application isn’t granted, So yes if employed you employer will need to know about the application.

     

    Will the court allow me to just drive as normal during a special hardship order

    No, the court will specify when you can drive and for what purposes. The legislation does allow the court to allow you to drive for both work and certain personal reasons. It is generally hard to convince the court to allow you any personal driving under the order.

     

    I’m self employed or own the business can I apply for a hardship licence?

    Yes, you can.

     

    What will happen in court?

    You should arrive at court no less than 30 minutes before your court time. You should have filed and served all your material well prior to your court date.

    Find out which court you are in and wait outside that court.

    Eventually a Queensland Transport Prosecutor should arrive you should then go and speak to them and confirm who you are and that you are applying for a special hardship licence. Please make sure they have all your affidavits.

    They will indicate whether or not they oppose the application and if they do why. If they do oppose the application you should ask if there is any course or other things you can do so they will not object.

    The court will start when the Magistrate enters, please stand whenever the depositions clerk calls ‘all rise’ and then wait for the Magistrate to sit down before sitting yourself.

    Wait for your matter to be called and then approach the table where the Prosecutor is. You will stand to the far left of the table. Remain standing while the Magistrate asks what you are doing. Tell the Magistrate that you are applying for a special hardship licence.Please address the Magistrate as “Your Honour”. The Magistrate will then ask you to sit.

    The Prosecutor will tell the court their position on the application

    Once the Prosecutor finishes the Magistrate will read the affidavits and then ask you questions and give you a chance to explain why the application should be granted.

    The court may restrict the hours and circumstances in which you can drive. Generally unless there is a very good reason the court will not grant you a 24 hr / 7 day licence. The court can only grant you a special hardship licence for the licence classes you already hold.

    The court will be looking to impose one or more of the following conditions;

    • Restricting the days and hours you can drive
    • Restricting whether you can carry passengers
    • Requiring you to complete a logbook
    • Requiring you to wear your work uniform when driving

     

    If the hardship licence is granted what happens next?

    If you are granted the licence then before you can drive again then you need to go to Queensland Transport and have your licence re-issued as a special hardship Licence. Also unless you are returning to work or driving for work purposes from Queensland Transport then you would need a lift home as your Licence would not cover for the trip between Queensland Transport and your home but it would cover you to drive from Queensland Transport back to work.

    You must also comply with the requirements of any court order in relation to your licence, this may be the requirement to complete a logbook or similar. Also throughout the period of the special hardship Licence you must keep a copy of the court order in any motor vehicle you drive.

     

    What happens if the court doesn’t grant the hardship licence?

    The courts have recently decided that you cannot appeal against a decision not to grant a special hardship licence. This may change as the appeal courts look at other cases and therefore you will need to get legal advice on this. Its just better to do the application correctly so the Magistrate doesn’t refuse it.

     

    How many demerit points do I have on a hardship licence?

    None. If you incur demerit points on a special hardship licence then you will lose your driver’s licence for double the period of the initial suspension.

     

    Can I vary the hardship licence after it is granted?

    Yes if your circumstances change you can apply to the court to vary your current order.

     

    What happens if I’m caught driving outside the terms of the hardship licence?

    You will lose your special hardship licence for what ever time is left on it plus you will be disqualified for another 3 months. You will also need to attend the court and likely be fined as well.

     

    What happens when the hardship licence ends?

    When the SHO period has ended, you may return to Queensland Transport to have your licence reissued (at no charge) without the ‘X3’ condition code. We have received conflicting advice from Queensland Transport in regards to what happens to your demerit points incurred before the SHO was granted and that are still “on your record”, our understanding is that you will have no demerit points after the SHO finishes but you should check this when getting your licence back after the SHO finishes. If there is a high speed offence then the 8 demerit points remain for 3 years,

     

    Do I really need a lawyer?

    Should you engage a traffic lawyer to represent you? In a word yes.  Although you are free to represent yourself we have found that unrepresented people are often not granted the application because their paperwork is defective or does not adequately cover all the requirements of the legislation.  Remember you get one shot at this, you cannot reapply if you are refused.  Our experience is that less than 50% of unrepresented people are granted a special hardship licence.  

    Common problems we have seen with people acting for themselves in seeking a special hardship order include;

    • Failing to have the court grant the licence for all hours you work
    • Failing to have the court grant the licence for all days you work
    • Failing to take into account the time you have to leave for work in the morning or return after work
    • Failing to have the licence issued for all the vehicle types you need to drive
    • Failing to have the order allow you to carry passengers
    • Failing to specify other occasions when you may be able to drive
    • Failing to address before the court a bad traffic history
    • Lodging a letter from an employer rather than an affidavit

    Remember if you are unsuccessful with your special hardship licence then you will not be able to drive at all for a minimum of 6 months.

     

    Why engage Clarity Law and not another law firm?

    We are Queensland’s leading traffic and driving law firm.  We undertake special hardship applications every week throughout South East Queensland. We know the Magistrates and what it takes to be successful in an application.  No other law firm in Queensland would have likely undertaken more special hardship applications than Clarity Law.  We have made over 1,000 successful special hardship licence applications and no firm can match our experience level.  We know what driving courses or workshops the Magistrate will want to see you attend and know how to put a person’s traffic history in the best light.  We have acted for doctors, lawyers, tradies, students, business owners, professionals, nurses, school teachers in fact we have probably acted for every profession or trade in Queensland.

     

    What courts do you appear in?

    We appear in every Court in South East Queensland.  Just some of the Court we appear in are;

    1. Beenleigh Magistrates Court
    2. Brisbane Magistrates Court
    3. Caloundra Magistrates Court
    4. Caboolture Magistrates Court
    5. Gympie Magistrates Court
    6. Holland park Magistrates Court
    7. Ipswich Magistrates Court 
    8. Maroochydore Magistrates Court
    9. Noosa Magistrates Court
    10. Pine Rivers Magistrates Court
    11. Southport Magistrates Court
    12. Toowoomba Magistrates Court
    13. Wynnum Magistrates Court

    For a full list of courts we appear in click here.

     

    What do you charge?

    We charge a fixed fee of $1,800 for all the work to get a special hardship including;

    • Drafting all the necessary affidavits
    • Advising you of any courses or workshops that will help your application
    • Addressing any concerns that Queensland Transport may have with your application
    • Keeping you informed as to what will happen with the application process
    • Appearing with you at the court to argue for the special hardship licence to be granted

     

    Will I need to come into the office to see you?

    We have offices in Brisbane and on the Gold Coast, Sunshine Coast, Strathpine, Loganholme and Ipswich but in most cases we can handle everything by email and the phone without you ever having to come into our office. We are also open outside normal business hours for your convenience.

     

    If I contacted you what would occur?

    If you contact us then Steven Brough the firm’s founder or our office manager Belinda Smyth will take the call or receive the email. They have 40 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.

    If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your special hardship licence application. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Every one of our lawyers are very experienced with thousands of courts appearances between them.

     

    How do I get more help or engage you to act for me? 

    We have been operating since 2010 and undertaken over 1,000 successful special hardship licence applications throughout South East Queensland.

    If you want to engage us or just need further information or advice then you can either;

    1. Use our contact form and we will contact you by email or phone at a time that suits you
    2. Call us on 1300 952 255 seven days a week, 7am to 7pm
    3. email This email address is being protected from spambots. You need JavaScript enabled to view it.
    4. Visit our main website page

    We cover all courts in South East Queensland from the Gold Coast to Brisbane and the Sunshine Coast and out to Toowoomba.  We have 6 offices in South East Queensland to assist people. We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about special hardships. You will not be chased or hounded to engage us.  Remember its critical you get advice before going to court, failing to get a special hardship licence or one that is too restrictive will have an impact on you, your family and your employment or business.

      

    Need more information?

    We have a range of articles on Special Hardship Orders on our blog.  Some of the most recent have included:

     

    This article general information only and not legal advice and is written subject to our disclaimer that can be read by clicking here

  • Licences

    A driver’s licence and the ability to drive can be one of the most valuable services provided by the Government.  It is not until that ability to drive is threatened that how important that licence is to your day to day activities and work is revealed.  In Queensland the courts have only limited circumstances where they can grant a licence where a person is facing a suspension or disqualification.  These are where a person is charged with drink or drug driving and without a licence they will lose their job or where a person has incurred 2 or more demerit points on a good driving behaviour period or exceeded 40 km/h.  These types of applications are highly technical.

    Work Licences

    A work licence (also known as a restricted licence or day licence) is a special type of licence that may be issued by the court to persons convicted of a low or mid range drink driving charge (a BAC reading under .15) or a drug driving charge (driving with a relevant drug).   A work licence replaces your normal Queensland drivers’ licence for the period of the disqualification imposed by the court.

    A work licence can only be used for work purposes; you cannot use a work licence to drive to the shops or dropping kids off at school.  A work licence is designed to allow you to continue to earn a living where a driver’s licence is an essential component to you earning a living.

    To be eligible to apply for a work licence you must:

    • hold a current Queensland open driver's licence for the vehicle you were driving
    • have had a blood alcohol level of less than 0.15% or if it was a drug driving charge what it was driving with a relevant drug and not drug driving under the influence
    • not have been driving for your job (there are certain exemptions) or already under a work licence when arrested
    • not have been driving under a licence that required your blood alcohol level (BAC) to be zero e.g. if you are on a learner, provisional, probationary or restricted license.
    • In the last 5 years not lost your licence

    In order for the court to grant a work licence you must show the court that you are a 'fit and proper person' and that if you don't get a work licence this will cause you or your family extreme hardship by depriving you of your means of earning a living.

    The court may restrict the hours and circumstances in which you can drive.  A work licence requires extensive affidavit evidence of both yourself and your employer to convince the court you should receive a work licence.  A work licence must be applied for before you plead guilty, you cannot apply for a work licence after the court finds you guilty of drink driving or drug driving.  Clarity law are experts on work licences, we have acted for all types of people in their applications, from self-employed people and business owners to professional drivers and salespeople.  By engaging Clarity Law you will get professionally drafted affidavits and expert representation in the court.   We are happy to discuss, free of charge, whether you can apply for a work licence and what restrictions the court may impose on you.

    If you need more information click here to complete a form for us to contact you or visit our work licence page.

     

    Need more information?

    We have a range of articles on work licences on our blog.  Some of the most recent have included:

     

    Special Hardship Licenses

    A special hardship, SHO or demerit points licence is a form of work licence issued when you exceed 2 points on a good driving behaviour period or have exceeded the speed limit by more than 40 km/h.

    If you accumulate too many points, Queensland Transport will write to you giving you the choice of a licence suspension (usually 3 months) or a 12 month good behaviour driving period. If you choose the suspension or do not reply to this letter, then you have no appeal and cannot get any other licence during the suspension.

    If you opt for a good behaviour driving period and lose two or more points during that time, in limited circumstances you can apply to a magistrates court for a special hardship order to enable you to drive for particular purposes only. 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 licence

    If you are granted your special hardship 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 occasion’s e.g.  taking someone to hospital on a regular basis to receive treatment.

    The application for the special hardship licence must be undertaken in the Magistrate’s court nearest to where you live.

    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.  If your licence is important you should not apply to the courts without an experienced traffic lawyers assistance.

    If you need more information visit our special hardship licence page.

     

    Need more information?

    We have a range of articles on Special Hardship Orders on our blog.  Some of the most recent have included:

     

    How do I get more help or engage you to act for me? 

    We have been operating since 2010 and undertaken over 1,000 successful licence applications throughout South East Queensland.

    If you want to engage us or just need further information or advice then you can either;

    1. Use our contact form and we will contact you by email or phone at a time that suits you
    2. Call us on 1300 952 255 seven days a week, 7am to 7pm
    3. email This email address is being protected from spambots. You need JavaScript enabled to view it.
    4. Visit our main website page

    We cover all courts in South East Queensland from the Gold Coast to Brisbane and the Sunshine Coast and out to Toowoomba.  We have 6 offices in South East Queensland to assist people. We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information. You will not be chased or hounded to engage us.  Remember its critical you get advice before going to court, failing to get a licence or one that is too restrictive will have an impact on you, your family and your employment or business.

    This article general information only and not legal advice and is written subject to our disclaimer that can be read by clicking here