Eligibility for a Restricted Licence in Queensland

Transcript

Restricted licence in Queensland. A restricted licence in Queensland may be issued to holders of open, provisional or probationary driver's licences who have been disqualified from driving as a result of certain traffic offences to allow them to drive for work purposes so that they do not suffer financial hardship. The rules and processes for obtaining a restricted licence in Queensland are found in the Transport Operations Road Use Management Act 1995 and the Transport Operations Road Use Management Driver Licensing Regulation 2010.

A restricted licence allows you to continue driving even though you have lost your licence, whether it has been suspended or you have been disqualified from driving. It is though heavily restricted. You may be restricted in the times of day you may drive, the type of vehicle you may drive, the reasons for which you may drive and who you may carry as a passenger in the vehicle. You may also be required to complete a log book and wear a work uniform whenever you drive.

For the period you are on a restricted licence in Queensland, you must not drive for any purpose other than in relation to an activity directly connected with your means of earning a living. This means you cannot, for example, drive while running personal errands, for taking your children to and from school, for going to a doctor's appointment or when going out for lunch, even on a work day. You may apply for a restricted licence only if you have been disqualified from driving as a result of a conviction for certain offences.

You must have pleaded guilty to the offence or your application will be rejected. The relevant offences are found in Section 79 and 80 of the Act. One such offence is driving or riding, attempting to put in motion or being in charge of a vehicle or motorcycle while under the influence of alcohol or another drug, while you have a relevant drug in your blood or saliva, or while you are over the no alcohol limit if you hold a licence other than an open licence, or you are an unlicensed or interlock driver.

Another relevant offence is riding, attempting to put in motion or being in charge of a motorcycle while on a class RE licence if you are over the no alcohol limit and you have not held your licence for at least one year in the previous five years, or the motorcycle is a class R motorcycle. A third offence relates to failing to provide a breath or saliva specimen to police. You may be considered under the influence if you have alcohol or another intoxicating drug in your system and you are affected by it.

You will be presumed to be under the influence in relation to alcohol if your BAC is 0.15 or greater. Currently, relevant drug means MDMA or ecstasy, cannabis or marijuana and methyl amphetamine or ice. Note, though, that this list could expand at any time. If you were driving on a learner's permit at the time you committed the offence, you will not be eligible to apply for a restricted licence. For provisional and probationary drivers, including young drivers, it is unlikely that you will be granted a restricted licence other than for low-range offences.

The decision whether to grant a restricted licence is entirely up to the judge or magistrate. If your application is granted, the court may order that you are restricted in your driving for up to double the length of time for which you were originally disqualified from driving. Because restricted licences are issued only for short periods, depending on how long the court order is to last, you may need to have your licence updated from time to time.

Your application for a restricted licence will not be granted if, for example, in the five years prior to making the application, your provisional or open licence was suspended or you were disqualified from driving, though some exceptions may apply, or in the five years prior to making the application, you have been convicted of one of these same offences anywhere in Australia, or you have been convicted of the dangerous operation of a vehicle in Queensland.

Your application will also be refused if, you committed the offence while engaged in any activity directly related to your means of earning a living. You committed the offence while you were driving a vehicle you had no authority to drive. You were driving on a learner's permit, or you committed the offence while you were on a restricted licence. If you are granted a provisional or P1 restricted licence, use of a mobile phone in a vehicle is even more restricted than usual.

On a P1 restricted licence, while the car is in motion or stationary but not parked, such as when you are stopped at traffic lights, you must not use a mobile phone and your passengers must not use a mobile phone on loudspeaker. The maximum penalty in both cases is $2,356 or 20 penalty units. If you are on a restricted P1 or P2 licence, you may also be prevented from driving a high-powered vehicle, driving between 11pm and 5am and driving at night with more than one passenger under the age of 21 years, unless they are an immediate family member.

It is an offence to breach any of the restrictions set out in the order granting you the licence. If convicted of a breach, if it is still valid at the time of your conviction, your restricted licence will be automatically cancelled. You will not be allowed to have any licence for an additional three months, and you may be fined up to $2,356. What to do next? If you or someone you know has lost or is about to lose their driver licence, it is important to obtain legal advice quickly.

Go To Court Lawyers operate a legal hotline on the retired Go To Court contact number (omitted) where you can talk directly to a lawyer 7am to midnight 7 days a week. Your call will be treated with the strictest confidentiality and without judgement. The lawyer will assess your matter and recommend a course of action. Should you need a lawyer, even if it is at very short notice, the legal hotline staff will be able to arrange legal representation for you. You can also request a call back via the website.

gotocourt.com.au and a lawyer will call you back to assess your matter.