Work licence applications
What must I prove in order to get a work licence?
To obtain a work licence you must prove three things to the Magistrate:
- you are a fit and proper person to be granted the authority to continue to drive for employment purposes
- you are currently working
- there will be hardship if the court refuses to grant you a work licence
The court will not consider that you will suffer hardship if a work licence is not granted simply because it is more convenient for you to have a licence to drive to and from work. You may not be granted a work licence if you could use public transport to travel to work or you could obtain another job that does not require you to have a licence. The court may be satisfied you will suffer hardship if you are the only income earner in your family and there is no other way for you to travel to and from work.
What is the process for applying for a work licence?
In order to apply for a work licence you must first plead guilty to the drink driving or related offence you have been charged with. Immediately after you have been found guilty you will need to make your work licence application. This is done by completing the Application for an Order directing the issue of a Restricted Licence (s87) (Form F3181). You will also need to provide the court with two affidavits, one from you and one from your employer. The affidavits need to address matters such as the nature of the offence, your reasons for needing a work license and your work history.
What restrictions can the court impose on my work licence?
It is likely that the court will restrict how your work licence can be used. For example, it may limit:
- the times when you may drive
- the class of vehicle you can drive
- the purpose for which you may drive
- the passengers you can carry in the vehicle
- your blood alcohol concentration when driving
Under a work licence you can only drive for employment purposes. This does not include things such as attending appointments or dropping children off at school.
How much does it cost?
We can offer a fixed fee to represent you before the Court for the work licence application including all preparation. Contact us for a no obligation enquiry today on 0449 833 887 to speak with a lawyer.
What is a work licence?
A work licence is a restrictive licence that allows a person who has been convicted of drink driving or a similar offence to drive to and from work. It allows a person to drive for strictly employment purposes even though their licence may have been otherwise cancelled.
Can I apply for a work licence?
You can apply for a work licence if you have been charged with:
- Drink driving
- Failing to provide a sample of breath at the roadside
- Driving with cannabis, ecstasy or ice in your blood or saliva
In addition, in order to be eligible to apply for a work licence, at the time you committed the offence you must:
- have held a current Queensland driver's licence
- have been employed
Am I excluded from obtaining a work licence?
You are excluded from applying for a work license if any of the following circumstances apply:
- at the time you committed the offence you were driving for a purpose connected to your employment
- at the time you committed the offence you were already driving under a work licence
- you have been convicted of a drink driving offence or an offence for failing to provide a specimen of breath or blood in the last 5 years
- you have been disqualified from holding a licence or had your licence suspended or cancelled in Queensland in the last 5 years
- when you were breath tested you returned a reading which showed your blood alcohol concentration was 0.15 or higher
- at the time you committed the offence you held a provisional licence or learners permit, and you had a blood alcohol concentration above 0.00
- at the time you committed the offence you were driving a motor vehicle that you were not authorised to drive under your open licence
- at the time you committed the offence, you were driving a truck, tractor, specially constructed vehicle, bus, articulated motor vehicle, B-double, road train, taxi, limousine, tow truck, pilot or escort vehicle escorting an oversize vehicle, a vehicle carrying a placard load of dangerous goods or a vehicle being used by a driver trainer to give driver training