Updated on May 29, 2015 • 4 min read • 238 views • Copy Link
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, 7am to midnight, 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.
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