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Special Hardship Licences

Written by Michelle Makela

Michelle Makela is one of our Legal Practice Directors and the National Practice Manager. She holds a Bachelor of Laws, a Bachelor of Science (Psychology) and a Master’s in Criminology. Michelle has had a varied career, working in commercial litigation, criminal law, family law and estate planning. Michelle joined Go To Court Lawyers in 2011. She now supervises a team of over 80 solicitors across Australia.

If you face losing your licence in Queensland as the result of excessive speeding or accumulating too many demerit points, you may be able to apply for a special hardship licence. It will allow you to keep driving, under certain conditions, for the remainder of your suspension period.

Am I Eligible to Apply for a Special Hardship Licence?

How to apply Special Hardship Drivers Licences in Quuensland

You may be eligible if: you were caught speeding in excess of 40km over the speed limit; or you have accumulated more than 2 demerit points while on a good behaviour bond.

You cannot apply if you have had your licence suspended or cancelled at any time during the five years immediately preceding your current suspension.

How do I Apply for a Special Hardship Licence?

You will need to lodge an application with your local Magistrates Court within 21 days of your licence being suspended. You will also need to lodge any necessary affidavits with your application, which should state the reason why you need the licence – for example, you might include an affidavit from your doctor or employer.

What Factors Does The Court Consider When Granting a Special Hardship Licence?

The Court will consider: whether you are a competent and worthy person to remain on the roads, considering the safety of other drivers; whether refusing to grant the licence will cause you or members of your family hardship either by robbing you of a means of earning income, or other cause you some other hardship that should reasonably be taken into account.

What Sort of Conditions Will the Licence Impose?

The licence may stipulate: when and where you can drive, for what purpose you drive, and the type of vehicle you drive. You must carry a copy of the licence with you whenever you are driving.

What Happens if I Breach the Terms of the Special Hardship Licence?

You will be summonsed to appear before a Magistrate again and your licence will be suspended for a minimum of three more months. You may also be fined up to $2000.

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