Traffic Law

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What is a Work License?

A work license is also known as a restricted license, and section 87 licence.

It allows people convicted of drink or drug driving offences to drive for work purposes.

You need to apply to the court for an order for a work license. You would not get a work license automatically just because you need your license for work.

Traffic Law

How to Apply for a Work License?

Arrested and charged / received Notice to Appear
Mention date at Magistrates Court of Queensland – seek adjournment and tell the court you plan to apply for a work licence
Prepare work licence application
File documents with court and give a copy to the police prosecutor
Hearing date – Plead guilty. Magistrate hears work licence application
Magistrate decides whether to grant you a work licence, the conditions that will apply and your disqualification period

Am I eligible to apply for a Work Licence?

Frequently Asked Questions

You may apply for a work licence if:

  • You have been charged with drink driving, drug driving, or fail to provide a sample of the breath test at the roadside
  • You will plead guilty and are going to lose your licence
  • You need a licence to drive to work
  • You held a current Queensland open driver licence when you were caught for the traffic offence
  • Your blood alcohol concentration level was less than 0.15% when you were caught
  • You have not been convicted of any similar traffic offence anywhere in the last 5 years
  • You have not been convicted of dangerous driving in Queensland in the past 5 years
  • Your driver licence has not been suspended or cancelled in the last 5 years (exception applies)
  • You were not driving to work at the time of offence

The above listed are some of those general criteria that have to be met. However, meeting those criteria does not guarantee you a work licence. If you wish to know more, please contact Ascent Lawyers.

You are not eligible for a work licence if:

  • You were unemployed at the time of the offence, even if you are looking for a job
  • It is not necessary to have a driver licence for your job
  • You can easily find another job that does not require a driver licence even though your current employment requires one

Any other reasons that are unrelated to work will not be considered. For instance, you are the only driver in the family and you need the licence to drive your family members around. This may sound like a reasonable excuse, however, it is not one of those reasons that could be taken into consideration.

To make an application for a work license, you must provide the following documents:

  • Application for an Order directing the issue of a Restricted Licence (s87) (Form F3181).
  • Your affidavit
  • An affidavit from your employer if you are not self-employed
  • Any character references you wish to present to the court
  • If you completed QTOP then a copy of the completion certificate

Please note that the affidavit must be in the right format and contain all the required information in order to satisfy the court. This could be a complicated process. We suggest you contact Ascent Lawyers to seek professional advice.

The court will consider the following factors:

  • Whether you are a fit and proper person to be granted a work licence
  • Whether losing your licence will deprive you of the means of earning income

The police officer can object to you being granted a work licence. However, the Magistrate retains the rights to make the final decision as to whether you should be granted a work licence.

Although you may be granted a work licence, there might be several restrictions imposed on your licence, the court may:

  • Restrict you to drive within a certain period of time (eg: working hours)
  • Restrict the purposes of driving
  • Restrict the class of vehicle you may drive
  • Require you to record on a log book
  • Require you to wear uniform while driving
  • Restrict you from carrying any passengers in your car

Before you can drive again, you need to go to the Department of Transport and Main Roads and have your licence re-issued as a work licence. You must comply with your work licence restrictions when driving and keep a copy of the court order in any motor vehicle you drive.

The answer to this question will inevitably be “Yes”. Although you can represent yourself, we have found that work license applications lodged by self-represented people are less likely to be granted.

Please note that you have only one chance. If your application is refused, you cannot apply again. The consequences of not having a lawyer far exceed the cost of hiring one. It is better to have a lawyer at the beginning achieve the best result possible.

The solicitors at Ascent Lawyers are traffic law experts with experience in helping clients to successfully obtain Work Licence.

At Ascent Lawyers, we assist clients by drafting persuasive and professional court documents, liaising with the Department of Transport and Main roads, attend court with you to convince the Magistrate as to why you ought to be given a Work Licence.

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