What is a work license?
A work license (also known as a limited license) allows someone who has been convicted of drunk driving or drug driving to drive for work only while their license is suspended. The application for a work permit is a lengthy process. Unfortunately, it is not as simple as filling out a form; instead, you will have to appear before a magistrate who will decide whether or not to grant you a work permit. You must guarantee that you meet a significant number of requirements and that the supporting paperwork is appropriately prepared.
If a magistrate rejects your application, you will not be able to appeal the decision. As a result, you should seek legal counsel from an experienced traffic lawyer to determine if you match the eligibility requirements and your chances of making a successful application.
Am I eligible for a work license?
To apply for a work license, you must meet a number of severe requirements, including:-
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At the time of the violation, you must have had a valid Queensland driver’s license.
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You must have a blood alcohol level of less than 0.15 per cent.
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–you can satisfy the court that you are a “fit and proper” person to continue to drive, having regard to the safety of other road users.
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If you don’t get your license, you’ll lose your job, putting you and your family in a lot of trouble.
You must not have done any of the following in the previous five years:-
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been convicted of driving under the influence of alcohol or drugs in Queensland or elsewhere.
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guilty of reckless driving.
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Having your provisional or open license revoked, revoked, or revoked (apart from a few exceptions, for example, a SPER suspension)
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If you were a member of one of the following groups at the time of the offence, you are ineligible to apply:
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You were driving in the course of your job.
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had a learner, provisional, or probationary license and were under the age of 25.
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You were not licensed to drive the car you were driving at the time of the offence.
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You had a driver’s license that required you to have a zero alcohol reading.
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You won’t be able to receive a work permit if you:
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You are looking for work since you are unemployed.
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to transport children to and from school, run errands around the house, or transport a relative to medical visits.
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Your employer offers a job opening for you that does not require you to hold a driver’s license.
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If you require your driver’s license to go to and from work, you may be qualified to apply. You must, however, show that there is no public transportation available and that you have no one who can drive you.
If you are unsure whether you meet all of the eligibility requirements, you should seek legal guidance.
Court process and procedure
You must apply as soon as possible after pleading guilty or being found guilty and before the magistrate determines the period of disqualification. The application is normally adjourned for hearing a few weeks following your initial court appearance. Depending on the court you are appearing before, the timing will vary.
The following documents must be prepared in support of your application:
Request for an Order Ordering the Issuance of a Restricted License (section 87);
– an affidavit from you detailing the circumstances of the offence; your family; your employment; your need for a driver’s licence; income and expenditure; and evidence that you are a “fit and suitable” person.
The affidavits must be sworn or affirmed before a Commissioner of Declarations, a Justice of the Peace, or a Solicitor. The affidavits must be sworn or affirmed. Prior to your hearing date, they must be submitted to the court and served as the police prosecutor.
The hearing will begin with your guilty plea to the relevant crime, followed by the Magistrate’s consideration of your application for a work licence.
If more information is needed, the magistrate will peruse your supporting material and may compel you or your employer to provide evidence (this is not ordinarily required if your affidavits are properly prepared).
