A restricted licence is the formal name given by the law to the permission which a court can give a person to continue driving during a period of mandatory disqualification following a drink or drug driving offence in Queensland.
The more common name for a restricted licence is a work licence. Information pertaining to restricted/work licences is contained here.
Am I Eligible?
There are a number of requirements that must be fulfilled for you to be eligible for a restricted drivers licence.
- You must hold a current Queensland open licence;
- You must, at the time of the offence:
- Have a blood alcohol level of less than 0.15;
- Not be driving already on a work licence or for work. That covers using the vehicle for any activity that is directly connected with how you earn your living;
- Not be driving on a licence that required your BAC to be zero; and
- Not have been convicted in any state of a drink driving or similar offence, dangerous driving or had a licence suspended or cancelled in the past five years.
What Do I Need To Show?
If you meet the above requirements, you may make an application to the Court for a work licence. You must show the Court two things:
- That you are a ‘fit and proper’ person; and
- If you are not granted a work licence, this would cause you and/or your family extreme hardship by depriving you of your means of earning a living.
If you are applying for a work licence, this needs to be indicated to the Magistrate on the first date set for your drink driving matter.
The matter will then be adjourned and in that time you will be required to prepare an affidavit stating your need for a licence. An affidavit from your employer will also be required stating that you will lose your job if you have no licence. If you are self-employed, that information should be contained in your affidavit.
Once the matter returns to court for a second hearing, your employer will also be required to attend court. It is possible that both you and your employer will be required to give evidence.
What Happens If I Drive Outside The Conditions?
It is important that you read very carefully the conditions of a work licence if one is granted, your licence will be subject to restrictions, such as:-
- Your BAC must be zero when driving;
- You must carry your licence and court order around when driving;
- A restriction on the hours that you drive, the purpose for which you drive, or the class of vehicle you can drive. This will be determined by the Court on a case by case basis.
If you drive outside of those conditions, that will be a breach of the work licence. Your work licence will be cancelled. It is likely you will also be charged with breaching the restricted licence, which is a criminal offence and carries further penalties.
WHERE TO NEXT?
In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.