Are Work Licences in Queensland Coming to an End?

Anyone charged with drink driving in Queensland faces penalties that include a mandatory licence disqualification. A licence disqualification can adversely impact many who drive to work, take their children to school, or who require a car to get around.

Work licence for drink-driving offenders

Queensland drink-driving laws currently allow eligible offenders to apply for a work licence—permission to drive only for work purposes and only within specified hours pursuant to a court order. Also known as a “restricted licence”, the work licence is applied for in court and awarded by a magistrate after considering the potential hardship that a licence suspension or disqualification may have on the employment and finances of the charged driver.

Is this the end for the Qld Work License?

The restricted licence, however, may soon be a thing of the past should the Queensland government decide to abolish the working licence, among other amendments to the state’s drink driving laws.

Among a number of possible changes to Queensland drink-driving laws, the Palaszczuk Government is considering a proposal to scrap work licences, citing the fact that they do not exist in most other Australian states.

Factors affecting the issuance of work licence

The working licence is not available to anyone who is convicted of drink driving in Queensland. If you need to obtain this restricted licence, you must establish compelling circumstances for its issuance, particularly that:

  • Your licence is necessary to do your job;
  • Your employment will be adversely affected if you lose your licence;
  • You will actually suffer financial hardship, not just financial loss, if you lose your driving privileges.

Obtaining a restricted work licence

The issuance of a work licence is not automatic. Anyone who needs it must apply for it in court by filling out the necessary application form and lodging it before the court hands out a conviction and a licence disqualification. An affidavit must accompany the application form, showing details of the driver’s work, drink-driving charge, family, income, and weekly expenses. Timely submission of the application and supporting affidavit is essential in order to preserve the applicant’s remedy of seeking a restricted licence.

Eligibility for work licence applicants

To qualify for a restricted licence, you must fulfil the following conditions:

  • Holder of a valid driving licence;
  • Alcohol reading charged in your offence must not exceed 0.15%;
  • Not driving in connection with your work when caught drink-driving;
  • No prior licence suspension or disqualification in the past five years;
  • Must be currently employed.

Discretionary grant of work licence

The conditions to qualify for and obtain a work licence are strict, and it is up to the magistrate to determine whether the issuance is proper, even if you satisfy the stated requirements. In some cases, it may be necessary to have your employer in court to attest to the necessity of a driving permit for work purposes and for you to establish that you will experience severe financial hardship if you are disqualified from driving. Due to the adverse impact that a drink-driving charge can have on your employment, family life, and finances, it’s important to have an experienced drink-driving lawyer to assist you in a criminal DUI defence and to the work licence application process in order to obtain the best possible outcomes for your situation.

Queensland drink driving solicitors

Under current traffic laws, anyone facing a drink-driving charge only has one chance to apply for a work licence, and we recommend that you look for a skilled and experienced law firm to do everything they can to ensure your application is granted.

In Queensland, the Boorman Lawyers have vast experience in traffic and criminal law, raising the best defence strategies for clients facing drink driving charges. We provide skilled representation and focus on obtaining the best possible outcome for our clients, and welcome your call today on 1300 941 900.

References:
http://www.couriermail.com.au/news/opinion/editorial-scrapping-work-licence-for-drinkdrivers-is-not-justice/news-story/7e7e74bf9468ade583dab7e97e8507e4

Work Licences

Speak to our DUI Lawyers Ph: 1300 941 900


Our DUI Lawyers can be contacted at:

Boorman Lawyers NSW & QLD Solicitors

Sydney NSW 2000
Bundall QLD 4217
1300 941 900
Are Work Licences in Queensland Coming to an End? was published by Josh Boorman a Drink Driving Lawyer.