Call our lawyers
now
or,
have our lawyers
call you
Restrictive Licences
Restrictive Licences
In certain circumstances if your licence has been disqualified in Tasmania you may be able to apply to the Magistrates Court for a restrictive licence. There are strict conditions on the licences and you must be able to show not having a licence will cause severe hardship, not merely an inconvenience. A severe hardship may be a loss of your employment or special circumstances that will cause hardship to a dependant. Call our Go To Court Traffic Lawyers for advice, 24 hours, 7 days.
How do I know if I am eligible to apply for a restrictive licence?
If your licence is going to be suspended or cancelled because of an accumulation of demerit points, excessive speeding or drink driving, you may be eligible to apply for a restrictive licence. You cannot however, apply for a restrictive licence if it is your second offence under the Road Safety (Alcohol and Drugs) Act 1970 in 3 years, have been charged with drink driving with a blood alcohol content greater than 0.15%, charged with drug driving, you have taken the option of a good behaviour period which you have now breached, or you are a P1 or hold a learners permit.
How do I apply for a restrictive licence?
Restrictive licences are granted by the Magistrates Court. To make an application you will need to obtain the application form from the Court registry or download one from the Magistrate Court website. Once completed, you will need to file one copy with the court, and another on the Police and the Registrar of Motor Vehicles. The application will need to obtain information about the hardship the loss of your licence will cause, the hours and days you need to be able to drive, information about your financial situation, and details of your employment. You will also have to obtain a letter from your employer confirming the information in your application, and that you will lose your job if you do not hold a licence. If you are applying for a restrictive licence because it will be difficult to get to work, you need to ensure that you have exhausted all avenues and outline in your application why public transport, taxis or lifts by friends, family or co-workers is not suitable. Remember, a restrictive licence is not granted just because not having a licence is an inconvenience.
The Court will not grant a restrictive licence if they believe it is not in the public interest, and you will need to outline your reasons why in your application. If you have a drinking problem, or a bad driving record, your application may be refused. Also, if the circumstances surrounding the offence were those that indicate you should be held accountable for your actions, such as a car accident affecting other people, then the Court may deem that it is against public interest to grant the restrictive licence.
To accompany your application you will also have to provide a statement of any prior traffic convictions imposed by a court or by infringement notice anywhere in Australia. A police history record check can be ordered by contacting the Tasmanian Police.
What happens once the Court approves my application?
Once you have attended the hearing of your application, and the Court has granted a restrictive licence, you will need to take a copy of the Court Order to your nearest Motor Registry. You will then be issued with a licence which will have the conditions imposed as per the Court Order. You are unable to drive for any other reason than those outlined in the Order. If your circumstances change you will need to go back to Court to get the conditions amended. If you are found to be driving outside your conditions then you risk having your restrictive licence revoked and a lengthy suspension period imposed, or possibly jail if you are a repeat offender.
Laura Turner
Senior Associate
Laura Turner holds a Bachelor of Laws and Bachelor of Arts as well as a Graduate Diploma of Legal Practice. She is admitted to practice in the Supreme Court of Queensland. Laura began her legal experience through volunteering with the Student Legal Service offering free advice to students, and through a clerkship in the conveyancing team of a law firm in Hobart. She also volunteered at a Prisoner Legal Service, assisting inmates to obtain parole. Laura has a strong focus on family law, criminal and traffic law, although looks to broaden her knowledge into migration and civil law.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Should Wheel Clamping Be Illegal? (WA)
A local government body in Western Australia is planning to ban the practice of wheel clamping within its boundaries. The City of Stirling recently voted unanimously to draft the Immobilisation and Detention of Vehicles Local Law 2019. The bill would ban wheel clamping in most circumstances and regulate the detention ....
Posted in:
Traffic Law
Western Australia
Gender Information on Birth Certificates (Tas)
Tasmania this week became the first Australian jurisdiction to make the listing of babies’ apparent sex on birth certificates optional. The Tasmanian Senate this week passed the Justice and Related Legislation (Marriage Amendment) Bill, despite the opposition of the Liberal government. Under the new legislation, Tasmanians aged over 16 will ....
Posted in:
Civil Law
Tasmania
Road Rules and Driver Distraction
The National Transport Commission (NTC) is currently reviewing how the Australian Road Rules deal with driver distraction. The current rules relating to driver distraction were developed in 1999 when mobile phones were mainly used for calls and text messages and in-vehicle technology was limited to television screens. The review will ....
Posted in:
Australia
Traffic Law
Transgender Rights Reforms (Tas)
A Labor and Greens bill, which would allow parents to choose whether or not to have their baby’s sex recorded on the birth certificate, has passed the Tasmanian lower house. The bill also allows people over 16 to change the gender on their birth certificate if they make a statutory ....
Posted in:
Civil Law
Tasmania
Queensland Traffic Offenders Program Now Available Online
The award-winning three session Queensland Traffic Offenders Program (QTOP) is now available online. The online program, which aims to educate traffic offenders about the risks of unsafe driving costs $185 and must be completed on a laptop or desktop computer with a camera and a strong internet connection. What does ....
Posted in:
Queensland
Traffic Law
P Turns and Other Changes to Melbourne Road Rules
The introduction of P turns is one of several changes to Road Rules that Vic Roads has rolled out for specific locations in Melbourne. The new rules are designed to reduce congestion in areas notorious for traffic jams, but critics say they will only create more confusion. The infamous ‘hook ....
Posted in:
Traffic Law
Victoria
Abolishing the Habitual Offender Designation - Where To Now?
In New South Wales, the Habitual Traffic Offender (HTO) Scheme, which has been in operation for a number of years, has been abolished under the Road Transport Amendment (Driver Licence Disqualification) Act 2017 (the Act). The Act takes effect from the 28th October, 2017, and includes a wide range of ....
Posted in:
New South Wales
Traffic Law
New Rules for Drivers Overtaking Cyclists in WA
New minimum passing rules for drivers overtaking cyclists in Western Australia are to be introduced as a partial modification of the state’s Road Traffic Code. The new regulations are due to take effect in Western Australia as part of the state’s traffic law from the 30th of November 2017. New minimum passing rules ....
Posted in:
Court Lawyers
Traffic Law
Western Australia
Victorian Team Saves Thousands By Disputing Infringement Debts
The Go To Court Lawyers Dandenong team, led by Victorian State Manager Sylvie Maranis, have reduced client debt from over $200,000 to $1,500. Some clients had even risked a one-year jail sentence and had their fines reduced to nothing. One case was a debt of over $100,000 and the infringement ....
Posted in:
Australia
Blog
Traffic Law
Uber: Ridesharing Gets the Green Light in New South Wales
Written by Jack Leitner Following the news that Queensland will be making ride-booking services legal from 5 September, Victorian Public Transport Minister Jacinta Allan announced that similar reforms in Victoria will be forthcoming. ‘These reforms will be comprehensive and they will give people more choice,’ Ms Allan said. Previously, Queensland, ....
Posted in:
Blog
Court Lawyers
New South Wales
Traffic Law
Uber legal in Queensland from 5 September 2016
After releasing its long-awaited review into the personalised transport industry, the Queensland government will make ride-booking (also referred to as ride-sharing) services legal throughout Queensland from 5 September 2016. These changes will impact ride-sharing drivers (using a ride-booking service such as Uber), taxi and limousine services. This decision comes mere ....
Posted in:
Blog
Court Lawyers
Queensland
Traffic Law
Another Politician Caught Using a Mobile Phone and Driving
Another of Australia’s federal politicians has been caught driving while using a mobile phone. Just 2 days out from the election and in her highly visible campaign car, Foreign Affairs Minister Julie Bishop was photographed committing the offence as she drove along a congested major road in Perth on Thursday. ....
Posted in:
Blog
Traffic Law
Western Australia