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Applying for a Worker’s License in Queensland

By 28 April 2013Traffic Law

How Do I apply for a Workers License?

A work license is also called a “restricted license, provisional license, or day license.

It is a work permit issued pursuant to Section 87 of the Transport Operations (Road Use Management) Act 1995. The holder of workers license is permitted to drive for work despite the suspension or cancellation of his regular driver’s license due to traffic violations with a penalty of suspension or cancellation of license.

How to apply for work license?

Only individuals charged for traffic offenses may apply for a Work License before the Magistrates Courts whose regular driver’s license is at risk for suspension or cancellation. The applicant will have to show proof that he or she met the requirements and the Magistrate Court is satisfied that the applicant is fit to hold a restricted license.

There are two ways to apply for Work License which follow certain requirements and conditions for approval.

This includes:

(1) Work License under Section 87 of the Transport Operations Act 1995 or Road Use Management; or
(2) Special Hardship Order under Part 6C of the Transport Operations Regulation 1999 or (Road Use Management  Driver Licensing).

Work License

A work license allows you to drive for work or employment purposes only. The application for a work license must be applied before a conviction is made by the Court. In other words, following your plea of guilty to the charge.

A work license can only be granted if you hold a provisional or open driver’s license and can show that there is by not having a license, your work will be in jeopardy and therefore, bring financial hardship upon you and if applicable, your family.

However, you may not be eligible for the Workers License if:

You have been charged with driving while under the influence of drugs like cannabis, ecstasy or ice or alcoholic drinks;
It can be shown that your blood alcohol content (BAC) is 0.15 percent or more (considered to be “under the influence) when you were apprehended for traffic violations;
You hold a provisional license irrespective of your age; or
You failed to supply a breath or saliva sample at the roadside.

In addition, you must also show that you meet the following conditions:

That you hold a current Queensland open driver license;
That within the last five years, you have not been convicted anywhere of a drink driving offence, or failing to provide a specimen of breath or blood sample, or convicted of dangerous driving; and
That within the last five years, you have not been disqualified from holding a driver’s license or had your license suspended or cancelled.

The application for Work License involves 3 steps:

Step 1. Going to Court. When you have been given Notice to Appear, you have to appear before the Court on the nominated day.

Step 2. Submit Application for a Work License. You need to prepare the following documents:

– Fill out the Application for an Order directing the issue of a Restricted License (Section 87);
– Prepare your Affidavit which should provide your personal, work, financial and driving circumstances.
– Provide the Affidavit of your employer (if employed). The employer’s affidavit must state the reason/s why you need a driver’s license for your job;
– Provide the Court with your traffic history which is a record of your traffic offences; and
– Provide the Court your criminal history which is a record of your criminal convictions (if there are any).

Step 3. Argue your application for a Work License before the Court. The Court should be convinced that you are fit to hold a license and that the suspension and cancellation of your driver’s license would bring extreme hardship to you or your family.

Special Hardship Order

A Special Hardship Order is an order that allow an individual the privilege to drive under special conditions while his regular driver’s license has been suspended. You need to apply to the Magistrates Court in writing for a special hardship order. If the Court grants your application for a Special Hardship Order, they can put conditions on the order. The Special Hardship Order would be in effect until the license suspension is lifted. You also need to meet the criteria prescribed by law and show to the Court that you are fit and proper person to hold a license.

Legal Aid Queensland have a great guide to help you with all this. It is here

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