A complete guide about work license
What is a work license?
A work license (also known as a limited license) allows someone who has been convicted of drink driving or drug driving to drive for work only while their license is suspended. The application for a work permit is a lengthy process. Unfortunately, it is not as simple as filling out a form; instead, you will have to appear before a Magistrate who will decide whether or not to grant you a work permit. You must guarantee that you meet a significant number of requirements and that the supporting paperwork is appropriately prepared.
If a Magistrate rejects your application, you will not be able to appeal the decision. As a result, you should seek legal counsel from an experienced traffic lawyer to determine if you match the eligibility requirements and your chances of making a successful application.
Am I eligible for a work license?
To apply for a work license, you must meet a number of severe requirements, including:-
– At the time of the violation, you must have had a valid Queensland driver’s license.
– You must have a blood alcohol content of less than 0.15 percent.
– you can satisfy the court that you are a “fit and proper” person to continue to drive, having regard to the safety of other road users
– If you don’t get your license, you’ll lose your work, putting you and your family in a lot of trouble.
You must not have done any of the following in the previous five years:-
– Been convicted of driving under the influence of alcohol or drugs in Queensland or elsewhere
– guilty of reckless driving
– had your provisional or open license revoked, revoked, or revoked (apart from a few exceptions, for example, a SPER suspension)
If you were a member of the following groups at the time of the offence, you are ineligible to apply:
– you were driving in the course of your job
– had a learner, provisional, or probationary license and were under the age of 25
– You were not licensed to drive the car you were driving at the time of the offence.
– you had a driver’s license that required you to have a zero alcohol reading
You won’t be able to receive a work permit if you:
– You are looking for work since you are unemployed.
– to transport children to and from school, run errands around the house, or transport a relative to medical visits
– Your employer offers a job opening for you that does not require you to hold a driver’s license.
If you require your driver’s license to go to and from work, you may be qualified to apply. You must, however, show that there is no public transportation available and that you have no one who can drive you.
If you are unsure whether you meet all of the eligibility requirements, you should seek legal guidance.
Court process and procedure
You must apply as soon as possible after pleading guilty or being found guilty, and before the Magistrate determines the period of disqualification. The application is normally adjourned for hearing a few weeks following your initial court appearance. Depending on the Court you are appearing in, the timing will vary.
The following documents must be prepared in support of your application:-
– Request for an Order ordering the issuance of a Restricted License (section 87);
– an affidavit from you detailing the circumstances of the offence, your family, your employment and need for a driver’s licence, income and expenditure, and evidence that you are a “fit and suitable” person.
Before a Commissioner of Declarations, Justice of the Peace, or Solicitor, the affidavits must be sworn or affirmed. Prior to your hearing date, they must be submitted with the court and served on the police prosecutor.
The hearing will begin with your guilty plea to the relevant crime, followed by the Magistrate’s consideration of your application for a work licence.
If more information is needed, the Magistrate will peruse your supporting material and may compel you or your employer to provide evidence (This is not ordinarily required if your affidavits are properly prepared).
What conditions can be ordered?
If you are granted a work permit, the Magistrate has the authority to impose special requirements, such as:-
– the type of vehicle that can be operated
– the reason for which a vehicle can be used
– the days and times when a vehicle is permitted to be driven
– that you keep a journal
– that you, if applicable, wear a uniform
– that you are not carrying any passengers
Driving in violation of the conditions is illegal. If you are caught doing so, you will lose your work license and face further penalties and disqualification periods.
What happens after court?
If you are awarded a work license, you will be given an Order that you must take to your local Queensland Transport department to obtain a work license before driving. You CANNOT drive from the court to Queensland Transport because that would be illegal. You CANNOT drive until you receive a new driver’s license.
Do I need legal representation?
These applications are not always simple, and magistrates take the decision to grant or deny a work permit extremely seriously. Our traffic attorneys will guarantee that your application is presented to the Magistrate in a thorough and professional manner. We are skilled advocates who will speak for you in a compelling manner with the goal of achieving the outcome you desire.
Other advantages of hiring a lawyer include:-
– By taking care of all the preliminary work, we will save you time and stress.
– To minimise your employer’s annoyance, we will deal with them directly and draught their affidavit.
– We will represent you before the police prosecutor.
