For most people, a driver licence is not a luxury, it is fundamental to their livelihood. Losing it can mean losing a business, a job, and the ability to support a family.
If you are facing a mandatory licence disqualification or suspension in Queensland, you may be eligible to apply to the Magistrates Court for a restricted licence. At Bell & Senior Lawyers, we have an exceptional success rate in securing these vital orders for Gold Coast drivers.
The Restricted Work Licence (Section 87)
A Restricted Work Licence allows you to continue driving to, from, and during the course of your employment while serving your disqualification period.
Eligibility is strict. You must apply before you plead guilty or are found guilty of the substantive charge. If the Magistrate convicts you before the application is lodged, the opportunity is permanently lost.
You may be eligible if:
- You hold a current open Queensland driver licence.
- You were charged with low or mid-range drink driving (under 0.15 BAC) or driving with a relevant drug present.
- You were not driving for work at the time of the offence.
- You have not had your licence suspended or cancelled in the past five years (excluding SPER suspensions).
- Losing your licence will cause extreme hardship to you or your family by depriving you of the means of earning your livelihood.
Our team will meticulously draft the required affidavits (one for you and one for your employer) proving the absolute necessity of your licence.
Special Hardship Orders (SHO)
A Special Hardship Order is different from a Work Licence. It applies when your licence is suspended due to accumulating too many demerit points (specifically on a Good Driving Behaviour bond) or committing a high-speed offence (driving more than 40 km/h over the limit).
An SHO allows you to drive for specific, restricted purposes, most commonly for work, but also for severe personal hardship (such as driving a severely disabled family member to medical appointments).
You must apply within exactly 21 days of your licence suspension commencing. The court must be satisfied that you are a “fit and proper person” to continue driving and that the suspension will cause extreme hardship.
SPER Suspensions & S79E Variations
If your licence is suspended due to unpaid SPER fines, no restricted licence is available; you must resolve the debt. If you are already subject to an immediate police suspension before your court date, we can apply for a Section 79E variation to allow you to drive until the matter is finalised.
Applications require exhaustive preparation and precise statutory affidavits. Do not risk applying yourself. Contact our Traffic Law specialised lawyer today to assess your eligibility and commence your application immediately.