Hardship Licence

Hardship Licence

A Hardship Licence, or more formally a Special Hardship Order, allows a driver with a suspended Queensland provisional or open licence to continue driving under Court Orders.

You will be allowed to continue to drive however there will be restrictions or conditions to which you will have to adhere.

You may be eligible to apply for a restricted work licence if you have been convicted of a drink or drug driving offence. This is is different to the Special Hardship Licence.

Am I Eligible to Apply

You may be eligible to apply for Special Hardship Licence if:

Gained 2 or more demerit points while driving under a good driving behaviour period; or
Committed a high speed driving offence, which is driving more than 40km/h over the speed limit.

You must be able to convince the Court that a loss or suspension of your licence will cause one or both of the following:

Extreme hardship to you or your family by depriving you of your means of earning a living; or
Severe and unusual hardship to you or your family for other reasons. eg medical appointments.
Why You May Not Eligible

You are not eligible to apply if:

If your Queensland learner licence was suspended; or
you hold a driver licence issued outside of Queensland; or

If within the 5 years prior to your driver licence being suspended:

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;
Your Queensland licence was suspended even if you were granted a special hardship order;
You were convicted of operating a vehicle dangerously;
You were ineligible to apply for a Queensland driver licence because you had:
Incurred excessive demerit points; or
Whilst unlicensed been convicted of driving more than 40km/h over the speed limit.
Suspended but Eligible

If your licence has been suspended then 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;
Queensland Civil and Administrative Tribunal set aside the original suspension;
A suspension or cancellation because of mental or physical incapacity;
A suspension imposed by the State Penalties Enforcement Registry;
The Department of Transport and Main Roads set aside the original suspension or cancellation.
How to Apply

To apply for a special hardship order we strongly suggest that you contact us as careful preparation of documents and court appearances can be critical to your success. However here is some useful information:

Complete a special hardship order application;
Lodge the application and supporting evidence with the Magistrates Court in the area you live;
Serve a sealed copy of your documents on the Department of Transport and Main Roads;
Your licence suspension will be lifted until the day before the court hearing.
If the Magistrate Grants Your Application
You will need to get a replacement licence from TMR;
You may drive only while carrying this licence, and in accordance with, the special hardship order;
The special hardship order applies for the suspension period stated on your suspension notice;
Once the period ends, your licence will be reissued, at no charge, without the X3 condition;
If you don’t comply with the restrictions of your special hardship order, the court may:
Impose a fine of more than $3,200; and/or
Disqualify you from holding or obtaining a driver licence for a set period.

While you are on a special hardship order a zero-demerit point limit applies. If you accumulate any demerit points, your licence will be suspended for double your order period.

Contact us to ensure that you get the process correct to maximize your chance of success.

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