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Work Licence Application

Potts Lawyers > Traffic Lawyers > Work Licence Application

What the Law states – Work Licence Application

Section 87 of the Transport Operations (Road Use Management) Act Queensland states:

(1) If a person is convicted by a court of an offence under section 79 or 80(5A) and-

  • (a) by order of the court, is disqualified from holding or obtaining a Queensland driver licence; or
  • (b) by operation of law and without specific order, is disqualified from holding or obtaining a Queensland driver licence;

the court may, where it has received an application from the person, make an order directing that the person be issued with a restricted licence.

(2) An application for an order under this section may be made-

  • (a) at the proceedings in which the conviction is recorded against the applicant by reason of which the applicant is disqualified from holding or obtaining a Queensland driver licence; and
  • (b) in a case where the court makes an order disqualifying the applicant from holding or obtaining a Queensland driver licence-before the court makes that order;

and not otherwise.

 

(2A) An application must be made in the approved form and in respect of every application-

  • (a) the applicant must, if required by the court so to do, submit himself or herself as a witness; and
  • (b) other persons may be called as witnesses; to give evidence in respect of all matters relevant to the application and may be cross-examined.

(4) A court that grants an application must make an order directing that a restricted licence be issued to the applicant during the period of the applicant’s disqualification subject to restrictions specified in the order-

  • (a) which must restrict the use of the restricted licence by the applicant to specified circumstances directly connected with the applicant’s means of earning the applicant’s livelihood; and
  • (b) which may include, but are not limited to-

(i)   the class of vehicle which may be driven;

(ii)  the purpose for which a vehicle may be driven;

(iii) the times at which or period of time during which a vehicle may be driven.

..

(5) An application for an order under this section MUST NOT be granted-

  • (a) unless the applicant satisfies the court that hears the application that-

(i)   the applicant is a fit and proper person to hold a restricted licence, having regard to the safety of other road users and the public generally; and

(ii) a refusal would cause extreme hardship to the applicant or the applicant’s family by depriving the applicant of the applicant’s means of earning the applicant’s livelihood;

  • (b) if the applicant’s provisional or open licence has been suspended or cancelled, or the applicant has been disqualified from holding or obtaining a Queensland driver licence, within 5 years before the application is made;
  • (c) in a case where the applicant has been previously convicted-

(i)   under section 79 or 80(5A) or the Criminal Code, section 328A; or

(ii) elsewhere than in Queensland of any offence which if committed in Queensland would be an offence under section 79 or 80(5A); within a period of 5 years before the conviction that results in the disqualification in respect of which the application is made;

  • (d)  in a case where the disqualification in respect of which the application is made resulted from a conviction of the applicant-

(i)   for an offence committed while the applicant was engaged in an activity directly connected with the applicant’s means of earning the applicant’s livelihood; or

(ii) for an offence committed when the applicant was driving a motor vehicle the applicant was not authorised, under a provisional or open licence, to drive; or

(iii) for an offence committed at a time when the applicant was the holder of a restricted licence issued under an order made under this section;

  • (da) if the disqualification for which the application is made resulted from the applicant’s conviction for an offence against section 79(1), (2A), (2B), (2D) or (2J);
  • (db) if-

(i)   the disqualification for which the application is made resulted from the applicant’s conviction for an offence against section 79(2); and

(ii) the applicant is a person to whom section 79(2A), (2B), (2D) or (2J) would have applied apart from the fact that the person was over the general alcohol limit;

  • (dc) if-

(i)   the disqualification for which the application is made resulted from the applicant’s conviction for an offence against section 79(2AA); and

(ii) the applicant is a person to whom section 79(2A), (2B), (2D) or (2J) would have applied if, at the time of the offence, the person were over the no alcohol limit but not over the general alcohol limit;

  • (e) unless the disqualification for which the application is made resulted from the applicant’s conviction for an offence committed when the applicant held a provisional or open licence (other than a corresponding document);
  • (f)   unless the applicant is the holder of a provisional or open licence (other than a corresponding document) immediately before the disqualification in respect of which the application is made.

(5A)   For subsection (5)(a)(ii), if the applicant is not self-employed, the applicant must produce to the court an affidavit made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning a living if the application is refused.

What You Must Prove

In order for you to be successful in your application for a work licence, you must plead guilty to the offence and show the following:

That:

  • The application was made in the approved form (available from your local Queensland Transport office)
  • You were charged with:
    • Driving over the general alcohol limit under section 79(2) of the Transport Operations (Road Use Management) Act Queensland; OR
    • Driving with a relevant drug presenting your blood or saliva under section 79(2AA) of the Transport Operations (Road Use Management) Act Queensland; OR
    • Failing to provide a specimen of breath or saliva under section 80(5A) of the Transport Operations (Road Use Management) Act Queensland; AND
  • You were the holder of an open licence for a motor vehicle at the date of the offence up until the point at which you are disqualified for the present offence; AND
  • You were not driving a bus, taxi, limousine, train, tram, vessel, a section 79(2C) vehicle or section 79(2E) vehicle at the time the offence occurred.
  • When the offence occurred, you were not:
    • driving in connection with you job; OR
    • unlicensed to drive the vehicle you were driving; OR
    • on a restricted licence; AND
  • You are a fit and proper person to hold a restricted licence, having regard to the safety of other road users and the public generally (i.e. you do not have an extensive traffic offence history); AND
  • Holding a licence in integral to performing your duties in respect of your job;
  • A refusal to grant the restricted licence would cause you to lose your job;
  • You would not be able to obtain another job that would not require you to have a licence; AND
  • The loss of your job would cause extreme hardship to the you or your family; AND
  • Your licence has notbeen suspended, cancelled or disqualified in the previous 5 years prior to the current charge, other than by:
    • a suspension, cancellation or disqualification that was set aside on appeal; or
    • a suspension, cancellation or disqualification because of the applicant’s mental or physical disability; or
    • a suspension under the State Penalties Enforcement Act 1999; or
    • a suspension under section 79(9); or
    • a 24 hour suspension under section 80(22AA); or
    • a suspension, if a court has, on application made in relation to the suspension, made a special hardship order; AND
  • You have notpreviously been convicted in the past 5 years for:
    • Driving under the influence of liquor or drugs under section 79 of the Transport Operations (Road Use Management) Act Queensland; OR
    • Driving over the alcohol limit under section 79 of the Transport Operations (Road Use Management) Act Queensland; OR
    • Driving with a relevant drug presenting your blood or saliva under section 79 of the Transport Operations (Road Use Management) Act Queensland; OR
    • Failing to provide a specimen of breath or saliva under section 80(5A) of the Transport Operations (Road Use Management) Act Queensland; OR
    • Dangerous Driving under s328A of the Criminal Code Queensland; OR
    • The equivalent to section 79 and 80(5A) in any other jurisdiction.

You must also inform that Magistrate the days of the week you are required to work and the times during which you would need to drive for the purpose of performing your work duties.

Unless you are self-employed, you will need to have your employer prepare an Affidavit verifying your position, the requirements of that position and you work hours.  Further, you employer must verify that you would loose your job if you were unable to drive for work purposes (unless you are self-employed).

Possible Results

It is a condition of an application for a work licence that you plead guilty to the offence.

If you are granted a restricted licence for the purpose of work, you will only be entitled to drive in connection with your job and the Court will impose time frames during which you are entitled to drive for the purpose of work. You will need to present a copy of the order to your local Queensland Transport Office and be issued with the restricted licence prior to driving.  You CANNOT drive away from the court under any circumstances and CANNOT drive until a new licence is issued to you.

If you are successful in your application, you will still be penalised for the offence that you are charged with.  Further, the period of licence disqualification will generally be double that which would normally have been imposed for the particular offence committed.

Maximum Penalty – the maximum penalty you could receive will be that which is set for the particular section of Transport Operations (Road Use Management) Act Queensland that you are actually charged with.

Minimum Licence Disqualification – the minimum disqualification period that the Magistrate may impose, is double the minimum disqualification period set for the particular section of Transport Operations (Road Use Management) Act Queensland that you are actually charged with.

Maximum Licence Disqualification – the maximum disqualification period that the Magistrate may impose, is double the maximum disqualification period set for the particular section of Transport Operations (Road Use Management) Act Queensland that you are actually charged with.

For example, if a person is charged with a first time drink drive offence over 0.05 but under 0.15 under section 79(2) of the Transport Operations (Road Use Management) Act Queensland, that person would normally be liable to 14 penalty units ($1400.00) or 3 months imprisonment and a licence disqualification between the minimum of 1 month and the maximum of 9 months.

However, if that person is successful in a work licence application, they will be liable for the same maximum penalty 14 penalty units ($1400.00) or 3 months imprisonment but double the licence disqualification.  Therefore they would be liable for licence disqualification for a minimum of 2 months and a maximum of 18 months.

It is also important that you understand that if you obtain a work licence, a conviction will be recorded against you for the offence committed that resulted in your disqualification.

For more information on Maximum Penalties and Licence Disqualification, Click Here and find your charge on the list.

Which Court Will Hear the Matter

This is a Civil application and will be heard in the Magistrates Court.

Possible Defences

You must plead guilty to the offence in order to make this application. Accordingly, defences to the offence you are charged with are irrelevant.

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