In Queensland, a work licence application is also known as an application for a restricted licence or a section 87 application. If you are facing court-ordered disqualification from driving, you may be eligible to apply for a work licence to allow you to continue to drive in the course of your employment.
A work licence is different to a special hardship order, and both have certain criteria to be met. If you are seeking information about applying for a special hardship order, you can read our earlier article, “Applications for a special hardship order after licence suspension”.
If you are charged with an offence of drink driving, drug driving or failing to provide a specimen of breath or saliva, you may be eligible to apply for a work licence.
You will not be eligible to apply for a work licence if you are charged with driving while under the influence of a liquor or drug (that is, you have a blood/breath alcohol concentration reading over 0.15).
In order to apply for a work licence pursuant to section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld), an application must be made to a court at the time of sentence in which disqualification from holding or obtaining a Queensland driver licence is imposed.
You must not:
A number of restrictions and conditions may be imposed upon you if a work licence application is successful. Some common conditions included on a work licence order in Queensland are:
Affidavit material is required to support your application for a work licence.
If you are not self-employed, an affidavit from your employer will be necessary. This will need to set out the reasons you would be deprived of a means of earning a living if you were unable to drive. In addition, you must prepare an affidavit in support of your application detailing how you meet the eligibility criteria as outlined above.
If you breach the conditions imposed by the court regarding your work licence, you are liable to be charged for the breach.
The flow on effects can include:
When considering the eligibility requirements involved in a work licence application, obtaining legal representation can be beneficial to assist you in navigating the procedural complexities involved.
Our lawyers regularly appear on behalf of clients for the purposes of traffic pleas of guilty and associated work licence applications and can readily prepare and advocate for a work licence on your behalf.
📞 07 3361 0222 (24/7)
This article is of a general nature and should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstances, please contact Gilshenan & Luton, Criminal & Employment Lawyers Brisbane and Sunshine Coast, Queensland.