If your licence is suspended but you need to keep driving, such as for work, you may be eligible to apply for a special hardship order. A special hardship order is a court order that allows a driver with a suspended provisional or open licence to continue driving under restricted and specific conditions.
Note: This is different to a restricted (work) licence, which you may be eligible to apply for if you’ve been convicted of a drink or drug driving offence.
You may be eligible to apply for a special hardship order if the licence suspension would cause either:
- extreme hardship to you or your family by depriving you of your means of earning a living
- severe and unusual hardship to you or your family, other than by depriving you of your means of earning a living.
To be eligible for a special hardship order, you must hold a Queensland provisional or open driver licence that has been suspended because you either:
- gained 2 or more demerit points while driving under a period of good driving behaviour for 1 year
- committed a high speed driving offence (more than 40km/h over the speed limit).
You can’t apply for a special hardship order if your learner licence has been suspended.
You are not eligible to apply for a special hardship order if, within the 5 years before your driver licence was suspended:
- your Queensland driver licence was cancelled or suspended, including if you were granted a special hardship order
- you were disqualified from holding or obtaining a Queensland driver licence
- your authority to drive in Queensland on a non-Queensland driver licence was suspended
- you were made ineligible to apply for a Queensland driver licence because you either
- incurred excessive demerit points
- were convicted of driving more than 40km/h over the speed limit while unlicensed
- you were convicted of operating a vehicle dangerously.
However, you may still be eligible to apply for a special hardship order if you have received:
- a suspension for failing to appear in court to answer a drink or drug driving charge
- an immediate licence suspension because of an alleged drink or drug driving offence
- a 24-hour suspension because of a matter relating to drink or drug driving
- a suspension or cancellation set aside on review by the Department of Transport and Main Roads
- a suspension or cancellation because of mental or physical incapacity
- a suspension imposed by the State Penalty Enforcement Registry
- a suspension or cancellation set aside on review by the Queensland Civil and Administrative Tribunal.
If you think you might be eligible for a Special Hardship Order it is best to seek legal advice. At Watling Roche Lawyers we can assist you with preparing the required affidavit documents and evidence, as well as speak on your behalf in court. We have 100% success rate and we offer a guarantee of No Work Licence – No Fee which means if you are not granted a Special Hardship Order work licence we will refund your money in full. Call or SMS us now for a Free Consultation!