Applying for a Work License in Queensland

Work Licence Applications in Queensland – Wildermuth Legal

If you’re facing a court-imposed disqualification from driving in Queensland, a work licence could provide the solution you need to continue driving for work purposes. Also known as a restricted licence or section 87 application, this type of licence allows individuals to maintain their ability to drive as part of their employment while serving out a disqualification.

It’s important to note that a work licence differs from a special hardship order. If you need information on how to apply for a special hardship order, please refer to our article, "Special Hardship Orders After Licence Suspension".

Am I Eligible to Apply for a Work Licence?

You may be eligible to apply for a work licence if you've been charged with one of the following offences:

• Drink driving

• Drug driving

• Failing to provide a specimen of breath or saliva

However, if you have been charged with driving under the influence of alcohol or drugs (i.e., a BAC over 0.15), you will not qualify for a work licence.

Requirements for a Work Licence Application

To be eligible for a work licence under Section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld), you must apply to the court at the time of sentencing, when disqualification from holding or obtaining a Queensland driver licence is imposed.

When applying for a work licence, you must meet the following criteria:

1. Fit and Proper Person: You must demonstrate to the court that you are a responsible and safe driver, ensuring the safety of other road users.

2. Extreme Hardship: You must prove that being disqualified from driving would cause extreme hardship to you or your family, particularly by depriving you of your ability to earn a living.

3. Valid Licence: You must have held a valid Queensland Class C, Class RE, or Class R open licence at the time the offence occurred.

You will not be eligible for a work licence if:

• Your provisional or open licence has been suspended, cancelled, or disqualified within the last 5 years.

• You’ve been convicted of drink or drug driving, failing to supply a breath specimen, or dangerous operation of a vehicle in the past 5 years.

• You were driving in the course of employment when the offence occurred.

• You were driving without the correct licence for the vehicle at the time of the offence.

• You were already subject to a restricted licence at the time of the offence.

• You were driving certain vehicles (e.g., trucks, buses, taxis, road trains, vehicles carrying dangerous goods, etc.) at the time of the offence.

What Conditions Apply to a Work Licence?

If you’re granted a work licence, there will be conditions attached to its use. Common conditions may include:

• Vehicle Class: The class of vehicle you are allowed to drive.

• Driving Hours and Days: Restrictions on when you are allowed to drive.

• Employment-Related Use: The vehicle can only be used for employment purposes.

• Log Book: You may be required to maintain a log book, which must be made available for inspection by police.

• Uniform: If applicable, you may need to wear a uniform while driving for work.

Affidavit Material for Your Work Licence Application

To support your work licence application, you will need to provide affidavit material. This includes:

• An affidavit from your employer if you are employed by someone else, explaining how not being able to drive would impact your ability to earn a living.

• A personal affidavit detailing how you meet the eligibility requirements and why a work licence is necessary for your circumstances.

What Happens if I Breach Work Licence Conditions?

Failure to comply with the conditions of your work licence can result in serious consequences, including:

• A financial penalty of up to 20 penalty units.

• Cancellation of your work licence.

• A minimum 3-month disqualification from driving after your previous disqualification expires.

How Can Wildermuth Legal Help?

Applying for a work licence involves navigating complex legal criteria and court procedures. At Wildermuth Legal, we specialise in helping individuals with traffic-related offences, including work licence applications. Our experienced team can guide you through the process, ensure all necessary documentation is submitted, and represent you in court.

We have a strong track record of successfully obtaining work licences for clients, helping them continue to drive for work purposes while managing their legal matters.

If you need assistance with a work licence application or have any questions about the process, contact Wildermuth Legal today. Our team is here to provide expert legal advice and representation to help you get back on the road.