If you hold a P1 or P2 licence in Queensland and are facing a licence suspension or disqualification, you may be asking: Can I get a work licence so I can keep my job?

In short: A P plater generally cannot get a restricted work licence after drink driving or drug driving in Queensland, because provisional drivers are subject to a zero alcohol limit and section 87 excludes them. A P1 or P2 driver may be able to get a special hardship order instead, but only after a good driving behaviour breach or a high-speed suspension.

People often call both orders a "work licence", but they are different legal remedies. Which one may be available depends on why you are losing your licence, not simply on whether you need to drive for work.

If your licence or employment is at risk, call Driving Law on 1300 952 255 before making decisions about your charge, demerit-point notice or court application. We return calls in around 15 minutes, and the correct timing can be critical.

Work licence or special hardship order: the quick comparison

Why the term "work licence" causes confusion

"Work licence" is the common name for a restricted licence order under section 87 of the Transport Operations (Road Use Management) Act 1995. It allows an eligible disqualified driver to drive in narrowly defined circumstances connected with earning a living.

A special hardship order is different. It is made under the Queensland driver licensing regulation and applies only to particular administrative licence suspensions. Because an order can permit travel for employment, people also commonly call it a work licence or hardship licence.

The label does not decide your eligibility. The legal reason for your suspension or disqualification does.

Can a P plater get a work licence after drink driving?

For the usual drink-driving offence committed by a P1 or P2 driver, no.

Provisional licence holders must comply with a zero alcohol limit. Section 79 of the Act makes it an offence for a provisional driver to drive while over that limit. Section 87 then excludes drivers subject to the no-alcohol rules from obtaining a restricted licence for the ordinary drink-driving categories.

This means a P plater should not plead guilty on the assumption that the Magistrates Court can give them permission to drive to work afterwards. Needing a licence for a job, apprenticeship, university or family responsibilities does not create an exception.

You can read more in our article on drink and drug driving on a provisional licence in Queensland.

What if the alcohol reading was low?

A low reading does not usually help a P plater obtain a work licence.

An open licence holder may be eligible to apply after some low- or middle-range drink-driving offences. A provisional driver is different because their lawful alcohol limit is zero. The work-licence exclusions are drafted to prevent a person who was subject to the no-alcohol limit from relying on the adult general alcohol limit.

The precise charge still matters. Obtain advice before entering a plea, particularly if the charge involves refusing or failing to provide a specimen rather than a standard drink-driving allegation.

Can a P plater get a work licence after drug driving?

For the common offence of driving with a relevant drug present, a P plater will generally be unable to obtain a restricted work licence. Section 87 specifically deals with drivers to whom the zero-alcohol restrictions apply.

This is another reason to distinguish a court disqualification from a special hardship suspension. A special hardship order cannot be used to bypass a drug-driving disqualification imposed by a court.

What is a special hardship order?

A special hardship order is a Magistrates Court order that allows an eligible person to keep driving under strict conditions while an otherwise valid Queensland open or provisional licence is suspended.

It is not a general answer to every suspension. A P plater may apply only where the suspension arose because they:

1. accumulated 2 or more demerit points during a one-year good driving behaviour period; or
2. committed a high-speed offence by driving more than 40 km/h over the speed limit.

The Queensland Government provides a useful overview of special hardship order eligibility and the application process.

Can P1 and P2 licence holders apply?

Yes. The legislation expressly allows the holder of a Queensland provisional licence to apply for a special hardship order, provided the licence would otherwise be valid and every other eligibility requirement is met.

That includes both P1 (red) and P2 (green) licence holders. Learner licence holders cannot apply, and the scheme does not apply to an interstate licence.

P plate demerit points and good driving behaviour

A provisional licence holder who accumulates 4 or more demerit points within a continuous 12-month period will ordinarily receive a notice requiring them to choose between:

• serving a licence suspension; or
• undertaking a one-year good driving behaviour period.

If you choose the immediate suspension, or fail to make a valid choice in time, you cannot obtain a special hardship order merely because losing your licence affects your employment.

The relevant special hardship trigger occurs when you choose good driving behaviour and then incur 2 or more demerit points during that year. The resulting suspension is normally twice the period that would otherwise have applied, but an eligible provisional driver may then seek a special hardship order.

Our guides explain good driving behaviour periods in Queensland and Queensland demerit points in more detail.

What counts as a high-speed offence?

For this purpose, a high-speed offence means driving more than 40 km/h over the speed limit. It normally results in a six-month licence suspension.

An eligible P1 or P2 holder may apply for a special hardship order after that suspension begins. Ordinary speeding offences, even where they seriously affect your demerit-point balance, do not create this particular application right unless they lead to a good-driving-behaviour-period suspension.

What hardship must a P plater prove?

Eligibility is only the first step. The Magistrates Court must also be satisfied that you are a fit and proper person to continue driving and that refusing the order would cause at least one of the following:

• extreme hardship to you or your family because you would be deprived of the means of earning your livelihood; or
• severe and unusual hardship to you or your family for another reason.

The test is deliberately demanding. It is not enough to show that a suspension will be inconvenient, expensive or difficult.

For employment-related hardship, the court will usually need clear evidence about why you must drive, whether public transport or other arrangements are realistic, what your employer can accommodate, and what will happen to your employment or income if the order is refused.

For non-work hardship, the circumstances must be both severe and unusual. Examples may include essential medical treatment or exceptional caring responsibilities, but the result always depends on the evidence.

Does an employer have to provide an affidavit?

If you are an employee and rely on loss of employment or income, your employer will usually need to swear an affidavit. It should explain your role, the driving you actually perform, why the business cannot reasonably change your duties and the likely consequence if you cannot drive.

Your own affidavit must also give complete, accurate evidence about your employment, income, expenses, transport alternatives, traffic history and proposed driving conditions. Inconsistencies or unsupported general statements can damage an otherwise viable application.

See our guide to special hardship order applications for more information.

Can a special hardship order cover more than work?

Potentially, yes. This is an important difference from a section 87 work licence.

A restricted work licence is limited to driving directly connected with earning your livelihood. A special hardship order can also authorise narrowly defined personal driving if the court accepts that refusing it would cause severe and unusual hardship.

The court will tailor the order to what the evidence proves. Conditions may restrict:

• the days and hours you may drive;
• the purposes for which you may drive;
• the vehicle or class of vehicle you may use;
• the places or routes you may travel; and
• whether a logbook must be kept.

Who is excluded from applying?

A person may be ineligible because of their driving history during the five years before the suspension. The exclusions include particular previous suspensions, cancellations and court disqualifications. The regulation contains limited exceptions, including some suspensions that ended because a special hardship order was granted.

Do not assume that every past licence event is fatal — or harmless. Your Queensland traffic history and the exact legal basis of each previous suspension should be checked before an application is prepared.

Which court do you apply in?

The application is made to the Magistrates Court in the district where you live — not where you were caught, and not wherever is most convenient. That single rule catches out more P platers than any other part of the process, particularly people who were pulled over on the Gold Coast or the Bruce Highway while living somewhere else entirely.

Driving Law appears in 26 Queensland courts, including Brisbane, Richlands, Holland Park, Ipswich, Beenleigh, Cleveland, Southport, Maroochydore, Caboolture, Pine Rivers, Toowoomba, Hervey Bay and Maryborough. If you are unsure which court district covers your address, call us and we will confirm it before anything is filed.

The application must be made after the eligible suspension has started. You must file the approved application and supporting affidavit material, then give a court-stamped copy to the Department of Transport and Main Roads. Unless the hearing is listed very quickly, TMR must receive the material at least seven days before the hearing.

The Queensland Courts special hardship order page and the Queensland Government's special hardship order guide contain forms and procedural information.

Can you drive while waiting for the hearing?

Do not assume that filing the application automatically lets you drive.

Under the regulation, the suspension is stayed only when TMR receives a copy of the filed application. The stay generally runs until the day before the hearing. The timing is technical, and driving while suspended can create a new charge and undermine the application.

Get advice about exactly when the stay starts and stops in your case. Keep proof that TMR received the court-stamped material.

What happens if the court grants the order?

The court will make a written order setting out when, where and why you may drive. You must obtain the replacement licence carrying the special hardship condition within the required time and carry the order while driving.

The conditions are not suggestions. Driving outside them may amount to driving while suspended.

A person subject to a special hardship order also has a zero demerit-point limit. If you incur further demerit points, the order is cancelled and the remaining suspension period is generally doubled.

What does it cost?

Driving Law charges a fixed fee of $2,990 for a special hardship order application, and the same fixed fee for a restricted work licence application.

That is the price we quote before we start and the price you pay. It covers checking your eligibility and traffic history, drafting your affidavit and your employer's affidavit, preparing the application, filing and service on TMR, and appearing for you in court.

Court filing fees are separate and payable to the court. If we check your history and find you are not eligible to apply, we will tell you before you commit to anything.

What if you are under 18?

Some P platers are dealt with in the Childrens Court rather than the adult Magistrates Court. Different sentencing and disqualification considerations may apply.

If you were under 18 when the offence allegedly occurred, obtain advice specific to your age, charge and court. Do not assume that an article about adult work licences fully describes your position.

What if neither order is available?

Unfortunately, hardship by itself does not give a court power to create a licence. If the legislation does not permit a restricted work licence or special hardship order, the court cannot grant one simply because the consequences are serious.

There may still be issues to consider before the case is finalised, including:

• whether the charge is legally and factually correct;
• whether you were the driver or were driving on a road or road-related area;
• whether testing and procedural requirements were followed;
• the correct date and length of any suspension or disqualification; and
• whether another lawful transport or employment arrangement can reduce the impact.

Legal advice is most useful before a plea is entered or a demerit-point election is made.

How we can help

We can check which regime applies, review your eligibility and traffic history, prepare affidavit material and represent you in court. Read more about our work licence service and special hardship order service.

Call 1300 952 255 or contact us online. Early advice may prevent a missed deadline, an invalid application or an incorrect assumption about your right to drive.

Frequently asked questions

Can a red P plater get a work licence in Queensland?

Not for the ordinary drink-driving or relevant-drug offence for which a provisional driver is disqualified. A red P plater may, however, be eligible for a special hardship order following a qualifying good-driving-behaviour or high-speed suspension.

Can a green P plater get a work licence?

The same general answer applies to a P2 or green P plater. The zero-alcohol restrictions prevent the usual section 87 work-licence application, but a qualifying special hardship order may be available.

Can I get a special hardship order after drink driving?

No. A special hardship order does not replace a court disqualification for drink driving or drug driving. It applies only to the two prescribed suspension types: a good-driving-behaviour-period breach or driving more than 40 km/h over the limit.

Can I apply just because I will lose my job?

No. Employment hardship is highly relevant, but you must first fall within a category that permits an application. You must then prove the statutory hardship test and satisfy the court that you are a fit and proper person to continue driving.

Can a P plater apply after choosing a demerit-point suspension?

Generally no. The special hardship pathway arises if you choose a good driving behaviour period and then accumulate at least 2 points during it. Choosing the immediate suspension does not itself create a right to apply.

How much does a special hardship order cost in Queensland?

Driving Law charges a fixed fee of $2,990, quoted before we start. Court filing fees are separate. Many firms charge hourly for this work, which means the final cost is unknown until it is finished.

Do I need a lawyer for a special hardship order?

You can apply without a lawyer, but the eligibility rules, affidavits, service requirements and proposed conditions need careful attention. A refused application can have serious consequences, so advice before filing is sensible.

Can I drive as soon as I file the application?

No. The temporary stay begins only when TMR receives the filed application, and it ends before the hearing. Confirm the precise dates and retain evidence of service before driving.

Will the order let me drive whenever I want?

No. The court will impose conditions based on the hardship you prove. Driving outside those conditions can result in further prosecution and loss of the order.

Speak with a Queensland traffic lawyer

Losing a P licence can affect an apprenticeship, a new job, study and family responsibilities. The first question is not simply whether you need to drive — it is whether Queensland law gives the court power to make the particular order you need.

For advice on a P plate drink-driving charge, demerit-point notice, high-speed suspension or special hardship order, call Driving Law on 1300 952 255. We are rated 4.9 on Google, we act on fixed fees, and we return calls in around 15 minutes.