If you have been charged with a drink or drug driving offence in Queensland you may be entitled to apply for a work licence. A work licence (also sometimes spelt work license) is also known as a restricted licence, workers licence, section 87 licence or day licence.
Who can apply for a work licence?
To apply for a work licence you must satisfy the following conditions:
- at the time of the offence, you held a current Queensland open driver licence
- at the time of the offence, you were not driving for your job
- at the time of the offence you were not already driving under a work licence
- in the last five years, you have not been convicted anywhere of a drink driving offence or failing to provide a specimen of breath or blood
- in the last five years, you have not been disqualified from holding a licence or had your licence suspended or cancelled in Queensland (this does not include a SPER suspension) and
- your blood alcohol concentration (BAC) level was below 0.15% or if it is a drug driving offence the charge must be one of driving with relevant drug in the system not DUI drug driving
Who cannot apply?
You cannot apply for a work licence if any of the following circumstances apply to you:
- at the time of the offence, you were driving a motor vehicle that you were not authorised to drive under an open or provisional licence
- you held a provisional licence or learners permit
- your blood alcohol level exceeded 0% while driving a truck or taxi or
- your BAC reading was above .15 (high range drink driving)
If you have a drink or drug driving matter and are not eligible to apply for a work licence then we can help minimise your period of licence disqualification just visit our drink driving or drug driving webpage for more information.
What is a work licence?
A work licence allows a person convicted of a drink or drug driving offence to drive for purposes directly connected with the means of earning an income. A work licence is available to employed and self-employed people. A work licence will allow you to drive to and from your place of work using the shortest route possible as well as drive for any required work duties.
A work licence cannot under any circumstances allow you to drive for personal reasons such as shopping, picking up your children, going to the Doctor etc.
Restrictions on a work licence
The Court will restrict how the work licence may be used by you, for example the Court may;
- restrict the times when you may drive
- restrict the purposes for which you may be able to drive
- restrict the class of vehicle you may drive;
- require you to complete a log book
- require you to wear a work uniform
- restrict who you may carrying as a passengers in the vehicle
If a work licence is granted, you may be disqualified from driving for up to double the amount of time than if you had not applied for the licence. This is completely up to the Magistrate, some Magistrates will double, some will not.
The work licence will be issued for the entire period of your disqualification meaning that throughout the period of disqualification you would be able to drive for work purposes.
Getting a Licence
When to apply
You must make your application for a work licence in the same Court that you required to attend for your drink or driving charge. You must also make the application BEFORE you are found guilty of the drink or drug driving offence. If you are disqualified by the court but later on find you need a work licence then it is too late.
When will the application be heard?
Generally your application for a work licence will not be heard on the first time that you appear in the Court for the drug or drink driving offence. For instance Courts, such as the Brisbane Magistrates Court, Caboolture, Southport or Maroochydore Magistrates Court will adjourn the hearing of the application for a work licence to another date a few weeks in to the future. Other courts such as Wynnum, Pine Rivers, Holland Park might hear a work licence application on the first court date.
What information must you provide to the court?
To make an application for a work licence you must provide the Court with an affidavit of yourself and, if not self-employed, an affidavit or your employer. Your affidavit will need to address your personal, work, financial and driving circumstances.
Your employer’s affidavit must also address why you need a licence for your job and an explicit statement that you will lose your job unless you are issued with a work licence.
The affidavit must be in the correct format, contain all the necessary information to satisfy the Magistrate and properly witnessed. The affidavits must also be accompanied by an application form.
If required by the Court, yourself and your employer may be required to give evidence in the witness box in front of the Magistrate.
What happens in court?
In the Court the Magistrate will access your application and judge whether it meets the requirements of section 87 of the Transport Operations (Road Use Management) Act. Generally the Court must consider;
- whether you are a fit and proper person to be granted a work licence and
- whether losing your licence will deprive you of the means of earning your income
The Court will also need to sentence you for your drug or drink driving offence. The police prosecutor will provide to the Court the details of your offence and your traffic history. The prosecutor also has the power to object to you being granted a work licence.
At the end of the hearing you will receive a disqualification period, a fine and the Court may or may not grant you a work licence.
Should I get a Lawyer to represent me?
In a word, yes. Although you are free to represent yourself we have found that unrepresented people generally end up with a longer disqualification period and more importantly, are less likely to be granted the application because their paperwork is defective or does not adequately cover all the requirements of the Act. Remember you get one shot at this, you cannot reapply if you are refused. On one particular Court day, of the 7 people making an application for a work licence only our client was granted one.
It is also important to remember that during your period of disqualification you cannot drive to the shops, to pick up the kids etc so minimising the period of disqualification is critical.
- common problems we have seen with unrepresented applications include
- failing to have the Court grant the licence for all hours you work
- failing to have the Court grant the licence for all days you work
- failing to take into account the time you have to leave for work in the morning or return after work
- failing to have the licence issued for all the vehicle types you need to drive
- failing to have the order allow you to carry passengers
Engaging Clarity Law to act for you
Engaging us gives you the best chance at obtaining the absolute lowest disqualification period and fine possible as well as having the work licence granted. We are the leading traffic law firm in South East Queensland, everyday our lawyers are in court getting the best outcome for clients. Just some of the benefits of us handling your work licence application include;
- we know the judges and what they want to hear to give you the work licence and impose the lowest disqualification period
- we have good relationships with the Police prosecutors meaning we can often have them not object to the court granting the work licence application
- we are there to help you through the process and make everything as stress free as possible, in most cases you will not have to say anything in court
- engaging us shows the court you are taking your charges seriously
- we will draft all the material including if needed your employers affidavit
- your matter will be heard early, often first, you do not have to wait for 20-30 other matters to be heard before you
- you will be fully informed of what is to happen in court and what this means for you after court
- unlike the police or the Judge, we are there to look after you, your privacy and your interests
Here at Clarity Law we have never failed in an application for a work licence. At best we have found from our experience that unrepresented people have only a 50/50 chance of getting a work licence.
What Courts do you appear in?
We appear in every Court in South East Queensland. Just some of the Court we appear in are;
1. Beenleigh Magistrates Court
2. Brisbane Magistrates Court
3. Caloundra Magistrates Court
4. Caboolture Magistrates Court
5. Gympie Magistrates Court
6. Holland park Magistrates Court
7. Ipswich Magistrates Court
8. Maroochydore Magistrates Court
9. Noosa Magistrates Court
10. Pine Rivers Magistrates Court
11. Southport Magistrates Court
12. Toowoomba Magistrates Court
13. Wynnum Magistrates Court
For a full list of Courts we appear in click here.
Will I need to come in to the office to see you?
We have offices in Brisbane and on the Gold Coast and Sunshine Coasts but in most cases we can handle everything by email and the phone without you ever having to come into our office. We are also open outside normal business hours for your convenience.
What do you charge?
We charge a flat fee of $1,650 for our services, that means no hidden charges or unexpected bills.
We are also upfront with our fees, if you look at other law firms few, if any, clearly list how much they are going to charge you. Clarity Law on the other hand are happy to list our prices as we are sure no other South East Queensland law firm can match our prices and experience. Our price includes;
- full preparation for court including checking for defences and devising strategy to minimise penalty
- negotiations with the police prosecution unit including obtaining traffic history and charge documents
- drafting all affdavit material
- arranging for you to attend a driving course (if appropriate)
- all telephone calls, faxes emails and meetings with you
- detailed information to you on the likely penalty and information on what will happen at court and afterwards
- appearing in the court with you for your guilty plea to the drink or drug driving charge and for the work licence application
If you want to engage us or just need further information or advice then you can either;
- Use our contact form
- Call us on 1300 952 255 seven days a week, 7am to 8pm