Work Licence QLD Experts. Protect Your Right to Drive with Craven Lawyers

WHAT IS A WORK LICENCE?

If you get convicted of a drink driving offence, the Court will disqualify you from holding a driver licence for at least a month. If you get convicted of drug driving, you also face a similar situation. Many people rely upon their licence to do their job; without it, they could not earn income. Losing their licence may cause them or their family to experience extreme financial hardship.

If you are charged with drink driving or drug driving and need your licence for work, you may be eligible for a Work Licence. A Work Licence is an Order of the Court allowing you to drive in certain circumstances connected with your work. You cannot drive for personal reasons like going to the supermarket. If the Court makes a Work Licence, your licence is suspended. Still, the Work Licence allows you to drive in certain situations for work.

WHO CAN APPLY FOR A WORK LICENCE IN QLD?

You may be able to apply to the court for a Work Licence under section 87 of the Transport Operations (Road Use Management) Act 1995 if you can prove:

1. You must be charged and plead guilty to one of the following offences:

(a) Drink driving where the blood alcohol concentration is less than 0.15%.

(b) Failing to provide a specimen of breath or saliva on the roadside (i.e. not at the police station).

(c) Driving while a relevant drug (Cannabis, Ecstasy, or Ice) is in your blood or saliva.

2. You held an open licence at the time of the offence.

3. You are a fit and proper person to continue driving, considering your traffic history and the safety of other road users and the public generally.

4. A refusal to make the Work Licence would cause you or your family extreme hardship by depriving you of the means of earning a living. You or your family would suffer extreme hardship because you could not earn an income without your driver licence.  

WHO IS NOT ELIGIBLE TO APPLY FOR A WORK LICENCE?

You are not eligible if:

• You have been disqualified from holding or obtaining a Queensland licence five years before applying for the Work Licence. Some exceptions exist, for example, if you had your licence suspended by the State Penalties and Enforcement Registry (SPER) because you did not pay a fine.

• You have been convicted of the following offences in the five years before making the application for the Work Licence:

(a) Driving under the influence of alcohol or a drug.

(b) Failing to provide police with a specimen of breath for a breath test or a sample of saliva for a saliva test

(c) Failing to provide police with a specimen of breath for a breath test or a sample of saliva for a saliva test in the manner directed by the police officer who made the request.

(d) Committing outside of Queensland an offence equivalent to the above specified at (a) to (c).

(e) Dangerous operation of a vehicle under s328A Criminal Code (also known as dangerous driving).

• At the time of the offence:
  • You held a learner or provisional licence.
  • You were driving for work.
  • You were driving a motor vehicle you were not authorised to drive.
  • You were the holder of a Work Licence.
  • You were driving a tram, a train or a vessel.
  • You were the holder of a class RE licence for less than one year in the five years before the offence.
  • You were driving a truck, a bus, an articulated motor vehicle, a B-double, a road train, a vehicle carrying a placard load of dangerous goods, a tow truck which is licensed or should be licensed under the Tow Truck Act 1973 while it operates as a tow truck under that Act, a pilot or escort vehicle that is escorting an oversize vehicle, a vehicle that has, or is required to have, a taxi service licence or limousine licence under the Transport Operations (Passenger Transport) Act 1994, a vehicle while a driver trainer is using it to give driver training, a specially constructed vehicle within the meaning of the driver licensing regulation or a tractor that is not a specially constructed vehicle.

WHAT CAN I DO TO IMPROVE MY CHANCES OF GETTING A WORK LICENCE?

If you want to improve your chances of getting a Work Licence, there are three key things you need to do:

1. Prepare a comprehensive affidavit.

2. Get character references from persons who know you well.

3. Complete a traffic offender program.

TRAFFIC OFFENDER PROGRAMS

As part of your application, you must be able to show the Court you are a fit and proper person to hold a licence (i.e. you are not a risk to other road users). Completing a traffic offender program is positively looked upon by the Courts. It assists in helping to show the Court you are a fit and proper person.

There are a few options regarding traffic offender programs (the most well-known being QTOP), a few of which are detailed below.

1. The Queensland Traffic Offender’s Program (QTOP).  
2. Road Sense Australia’s Traffic Offender Program. 
3. SAVE – Traffic Offender Intervention Program. 

WHEN MUST THE APPLICATION FOR A WORK LICENCE BE MADE TO THE COURT?

You must apply for the Work Licence before being found guilty of the drink driving or drug driving offence. You cannot apply for it after you have been sentenced.

To ensure your application is not refused and to ensure things go smoothly, you should:

1. File the application in the Court before your sentence hearing.
2. Serve your application and a copy of your supporting affidavit material on the prosecution at least seven days before your hearing date.

WHAT HAPPENS IF THE COURT GRANTS YOU A WORK LICENCE?

Suppose the Court granted a work licence to you, you must take the Order to the Department of Transport and Main Roads. Queensland Transport will issue you the work licence (restricted licence).

While you are subject to the Work Licence, your alcohol limit must be 0.00% BAC. After the work licence has ended, you will be issued a probationary licence for 12 months. This means that you will have to have a zero-blood-alcohol concentration when driving on this licence.

WHAT HAPPENS IF YOU DO NOT COMPLY WITH THE CONDITIONS OF THE WORK LICENCE?

If you do not comply with all conditions of your Work Licence:

• You can be fined a maximum of 20 penalty units for breaching the licence.

• If your Work Licence is current, it is cancelled.

• You will be disqualified from holding or obtaining a Queensland driver licence for:

• Three months after the disqualification period in respect of the Work Licence has ended (for example, if you are sentenced for breaching the restricted licence, and you had three months left, you would then have an additional three months added to the disqualification period (meaning a total of 6 months without a driver licence); or,

• Suppose you are convicted of breaching a condition of the Work Licence after the licence has expired. In that case, you will be disqualified for three months from the breach’s conviction date.

WHAT HAPPENS AT THE END OF THE WORK LICENCE?

Once your driver licence disqualification period has ended, you must go to the Queensland Department of Transport and Main Roads to reissue your driver licence without the restricted licence condition. You will be issued a probationary licence for 12 months. This means you must have a zero blood alcohol concentration when driving on this licence.

7 REASONS TO CHOOSE US TO HELP YOU APPLY FOR A WORK LICENCE

You only get one chance to apply for your Work Licence to the Court. You want the best possible result, so you get the Work Licence with the necessary conditions.

1. We have a 100% track record in successful Work Licence applications.
2. We offer a fixed fee, an all-inclusive fee for your application, with no hidden extras.
3. We will only take you on as a client if we believe we can get you a Work Licence. We don’t take money from people, giving them a false hope of getting something if we don’t think we can deliver.
4. Our lawyers know what to include in affidavits, so they address everything the Court needs to know.
5. We know what submissions to make to the Court to achieve the lowest penalty and driver licence disqualification.
6. We save you time and stress.
7. Because you are legally represented, you will get priority in Court. You will not have to sit around all day waiting for your application to be heard. The prosecution gives preference to persons who have lawyers.

QUEENSLAND MAGISTRATES COURTS WE CAN HELP YOU AT