Lost your licence but still need to drive?
If you’ve done the wrong thing and had your licence suspended then most people would say it is fair that you should lose the right to drive for a period of time.
But what if you can only get to work by driving yourself or you are the primary caregiver of a family member who doesn’t drive? In this situation a Special Hardship Order may be the right solution for you.
If you have received a notice from the Department of Transport and Main Roads suspending your licence for accumulation of demerit points, breach of a good behaviour agreement following the loss of all demerit points, or a notice suspending your licence for a high range speeding offence you may be eligible for a Special Hardship Order.
A Special Hardship Order is a court order which allows you to continue to drive under your Queensland driver’s licence when your licence has been suspended. The special conditions include restrictions about:
- The purpose for which you may drive a motor vehicle under your licence;
- The class of motor vehicle that you may drive under your licence;
- The times at which, or period of time during which, you may drive a motor vehicle under your licence; and
- The fact that you may only drive a motor vehicle under your licence if you are carrying a copy of your Special Hardship Order.
The order will be granted if you meet the following eligibility criteria:
During the last five years:
- your Queensland driver’s licence has not been suspended or cancelled;
- you have not previously made a Special Hardship Order application; or
- a court has not disqualified your licence.
- You are a fit and proper person to continue to drive and have regard to the safety of other road users.
The refusal to grant a special hardship order would cause you or your family member extreme hardship and either deprive you of the means of earning a living or cause severe hardship by denying a family member to earn a living.
- You hold a Queensland provisional licence; or
- A Queensland open licence.
- If you meet the eligibility criteria then you must lodge your application, along with supporting evidence with the Magistrates Court within 21 days of your licence being suspended.
It’s important to note that a Special Hardship Order is NOT available for all situations in which you may have lost your licence. You must meet the criteria above.
Please contact Jessica Devane of Fox and Thomas to discuss how to make a Special Hardship Order application.