A Driver’s Licence can be one of the most valuable privileges available to a person. It is often not until one’s ability to drive is threatened that the importance of a Driver Licence is apparent.
In Queensland, the law is such that the Courts have only limited circumstances where they can grant a Work Licence when a person is facing a suspension or disqualification. These circumstances exist where:
- a person is charged with drink or drug driving and, unless they have a licence, they will be unable to work and earn a living; or
- a person has incurred 2 or more demerit points on a good driving behaviour period or exceeded 40 km/h.
A Work Licence may be issued by the Court to persons convicted of either:
- a low or mid-range drink-driving charge; or
- a drug-driving charge.
A Work Licence replaces the normal Queensland Driver Licence for the period of the disqualification imposed by the Court.
A Work Licence is designed to allow a person to continue to earn a living where their Driver Licence is essential to their ability to earn a living.
A Work Licence can only be used for work purposes. As such, for example, the holder of a Work Licence cannot drive to the shops or drop kids off at school.
To be eligible to apply for a Work Licence, a person must:
- hold a current Queensland Open Driver Licence for the vehicle being driven at the time relevant to the charge
- have had a blood alcohol level of less than 0.15% or, if it was a drug-driving charge, have been driving with a relevant drug in their system (rather than being under the influence of a drug)
- not have been driving as part of their work (albeit there are certain exemptions) or already under a Work Licence at the time in question
- not have been the holder of a Driver Licence that required a blood alcohol level (BAC) of zero (such as someone with a learner, provisional, probationary or restricted licence)
- not have lost their Driver Licence in the past 5 years.
In order for the Court to grant a Work Licence, a person must show the Court that they are a ‘fit and proper person’ and that if a Work Licence is not granted this will cause them or their family extreme hardship by depriving them of the means of earning a living.
The Court may restrict the hours and circumstances in which a person with a Work Licence can drive. As such, the relevant application to the Court generally requires extensive affidavit evidence to convince the Court that a Work Licence ought to be granted.
A Work Licence must be applied for before a person pleads guilty.
Do you need legal assitance?
FC Lawyers have assisted many clients to obtain a Work Licence, from self-employed people and business owners to professional drivers and salespeople.
The team at FC Lawyers can discuss with you whether you will qualify for a Work Licence and what restrictions the Court may impose on you.
Contact our team today to discuss your legal options.
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