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.

The timing of the work licence application is crucial.

You must submit the work licence application before you are found guilty and your licence is disqualified.

This means that if you attended court without filling you work licence application, you will have to ask for an adjournment (postponement) so you can file your work license application.

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.

If you are allowed to have a work licence, you might face some the following special conditions:

  • You can only drive if you are wearing your uniform or with clothing that show your employer’s logo
  • You will only be allowed to drive on certain days (for example, Monday to Friday) and during certain hours
  • You might not be able to carry passengers
  • You will have to keep a logbook that shows the time and purpose of your driving

Before starting driving, you must:

  1. Visit the Department of Transport and Main Roads
  2. Request your licence to be re-issued as a work licence

Only then can you drive according to the special conditions of your newly issued work licence.

We firmly believe your driving privileges must be protected.

We sort through the complexity, penalties, and circumstances to give you the best possible option.

We explain everything to you, so you know what will happen from beginning to end, giving you peace of mind.

We make sure your case is heard in court as soon as possible, wasting less of your valuable time.

We give you constant updates, so you can stay informed throughout the entire process.

You can take advantage of our free initial consultation, tell us your story today!

We will contact you as soon as possible, your interests are our top priority.

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