This article seeks to expand upon what conditions the Court can impose on a person if they grant them a restricted licence under section 317 of the Transport Operations (Driver licencing) Regulation 2021.

This article, is not an overview of Special Hardship Orders – we have a comprehensive article here.

What conditions can the court impose on me?

There are conditions which the court will impose that are common regardless means of a hardship licence you are seeking (work or other purposes).

The court will authorise the applicant to:

1. Continue to drive a motor vehicle of the class that you are licenced for;

2. Between certain hours;

3. The applicant must carry a copy of the order with them at all times when driving;

4. Drive under this licence provided they have a valid open or provisional licence;

Work Licence:

The conditions the court will impose on a person driving for work purposes:

1. The applicant will be allowed to continue to drive a class of motor vehicle for which they are licenced and is required for their work (for example, rarely will the court authorise an applicant to continue to drive a motorcycle under this licence);

2. Between the hours listed on the application (rarely 24/7);

3. For purposes directly related to the means of earning your living;

4. To travel between the applicants place of residence (this can include temporary accommodation) and place of employment (including worksites) by the most direct path of travel;

5. To travel as directed by the applicants employer from time to time, on activities directly related to the applicants employment (this means to complete work, collect supplies, make deliveries ect. This DOES NOT include going for smoko or lunch); OR

6. To travel on activities directly related to the conduct of running the applicants business;

7. The court may require the applicant maintain a log book, setting out the time of departure and purpose of each journey prior to driving –and the logbook must be made available to QPS on demand;

8. The court may allow the applicant to carry passengers if required;

9. The court may require the applicant to wear a branded uniform when driving.

Severe and unusual hardship

The conditions the court can impose on a person driving for purposes other than the means of earning their living can be as varied as necessary to achieve the purpose of the licence, such as:

1. Limiting passengers to specific people (such as the applicants children or dependant);

2. Limit the purpose and destination of trips (such as the applicant transporting a child or dependant to a medical or specialist appointment).

What happens if I breach one of these conditions?

If you breach a condition of a Special Hardship Order, the licence will be cancelled and you will be charge with an offence under s79 of the Transport Operations (Road-Use Management) Act 1995, which will accompany the disqualification of your licence for a period of three months and likely a fine.

What happens if my circumstances change, I need different hours or conditions?

If it is the case that you need to adjust the conditions of the licence, such as hours or passengers, you need to make an application to vary the Order to the court you are in the jurisdiction of.

Conclusion

It is important to get your required conditions right the first time around, this avoids you having to attend court multiple times, paying additional fees and, critically, ensuring that you are not in breach of your order. It is not recommended that you attempt to undertake a Special Hardship Order application on your own, an experienced traffic lawyer can draft the necessary affidavit paperwork to ensure that the order covers the necessary conditions.

To remove any of the mystery around these orders, we have included in this article, the draft order form which TMR, the applicant and the court uses!

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