JURISDICTION: ACT

Restricted Licences in the ACT

In shortIn the ACT, a disqualified driver can ask the Magistrates Court to authorise a restricted licence, but only if they are eligible and prove exceptional circumstances. Repeat offenders, high-range first offenders and people under an immediate suspension notice or demerit suspension cannot apply. If the court agrees, Access Canberra issues the licence for a fee.

  • Test: you must establish exceptional circumstances; the court weighs the 7 matters in Driver Licensing Regulation s 47(2).
  • Not eligible: repeat offenders, s 19 first offenders at 0.1 or more (0.05 for special drivers), and during an immediate suspension.
  • Fee: the road transport authority charges $307.10 to issue a restricted licence (from 1 July 2026), plus the court filing fee.

Australian Capital Territory law · law checked 21 Oct 2026

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What's on this page

What a restricted licence is

A restricted licence lets a disqualified driver drive during the disqualification, but only within conditions set by the court, such as times, days, journeys, purposes, and alcohol or drug use (Driver Licensing Regulation s 48(5)). The court order authorises the road transport authority to issue the licence. You then apply to the authority, which cannot refuse on a ground the court already considered (s 49).

Who can apply

You can apply if you are disqualified under ACT road transport legislation or another ACT law (s 45(1)), unless a provision says you are not entitled. You can apply before your expected disqualification or during it.

You cannot get a restricted licence if:

  • you are a repeat offender for an automatic disqualification offence (Road Transport (General) Act 1999 s 67);
  • you are a first offender under s 19 (drink driving) and your reading was 0.1 or more, or 0.05 or more if you were a special driver (s 67A(2)–(3));
  • you are disqualified in another jurisdiction (s 66A), or until a court order under s 65 (s 67B);
  • you were disqualified while holding a restricted licence (s 67C), or your restricted licence was cancelled for breaching its conditions (Driver Licensing Act s 33(5));
  • your licence is suspended under an immediate suspension notice (Road Transport (General) Act 1999 s 61B(4)(f)) or for demerit points (Driver Licensing Act ss 18(4), 19(8));
  • you incurred 2 or more demerit points while holding a restricted or probationary licence (Driver Licensing Regulation ss 130, 133).

For other automatic disqualifications of a first offender, such as drug driving, refusal offences or driving under the influence, you can only get a restricted licence once the minimum disqualification period has passed (s 67A(4)–(5)).

The exceptional circumstances test

The court can only make the order if you establish exceptional circumstances that justify it (Driver Licensing Regulation s 47(1)). The court must consider (s 47(2)):

  1. your history of road transport and motor vehicle offences, including infringement notices, in any jurisdiction;
  2. any rehabilitation or remedial action you have taken or will take;
  3. the risk to other road users;
  4. whether you, or anyone affected, would suffer unreasonable inconvenience or loss without a licence;
  5. whether it would be unreasonable for you to use other transport, including public transport;
  6. the risk to your health or a dependant's health;
  7. how likely you are to comply with the licence conditions.

The court can consider other matters too (s 47(3)). Evidence of your application is not admissible in the prosecution for the offence (s 51).

How to apply

The Magistrates Court's guide sets out these steps:

  1. Complete the originating application (Form 2.7) and an affidavit (Form 6.11) setting out your grounds (s 46(1)).
  2. Swear the affidavit before a Justice of the Peace, lawyer or notary public. The court says a JP is available at the court from 9:30 am to 12:30 pm.
  3. Lodge the documents at the Magistrates Court and pay the court filing fee. You can apply to have it waived for financial hardship. The court does not refund the fee if you turn out to be ineligible.
  4. Serve copies on the road transport authority and the Australian Federal Police as soon as possible, and within 14 days. The road transport authority and the chief police officer are the respondents (s 46(2)).
  5. Swear and lodge the affidavits of service.
  6. Attend the hearing.

Attach evidence for what you say. For example, if you need to drive for work, attach a statement from your employer setting out your duties, when and why you drive, and what happens if you can't. If evidence is missing, the hearing may be adjourned.

Fees

The court fee for an application for a restricted licence is $296 from 1 July 2026 (Court Procedures (Fees) Determination 2026; Magistrates Court schedule of criminal fees). The court will not refund the fee if you turn out to be ineligible. Check the current amount on the court fees page before you lodge. If the court makes the order, the road transport authority charges $307.10 to issue a restricted licence to comply with a court order, from 1 July 2026 (Road Transport (General) (Driver Licence and Related Fees) Determination 2026).

Courses before the licence issues

After an alcohol-related disqualifying offence, you must complete an alcohol awareness course before the restricted licence issues, unless you did one in the previous 12 months or have an exemption (Driver Licensing Regulation s 73E). A drug awareness course applies in the same way after a drug-related offence (s 73N).

After the order

The order states the licence class and an expiry date no later than the end of your disqualification (s 48). Breaching a condition carries up to 50 penalty units ($8,000), 6 months' jail or both, and the licence is automatically cancelled unless the court orders otherwise (Driver Licensing Act s 33). Carry the statement of conditions when you drive (Driver Licensing Regulation s 57).

How Boorman Lawyers can assist

We represent clients at courts throughout Queensland, New South Wales and the ACT. We appear at restricted licence and sentence hearings in the ACT Magistrates Court; adjournments may be handled by an agent colleague. We can check your eligibility first, so you don't pay a fee for an application that cannot succeed, and help you prepare the affidavit and evidence. We cannot promise the court will grant it. ACT enquiries: call 1300 941 900 or make an enquiry about legal representation and mention that your matter is in the ACT. Also see drink driving in the ACT, drug driving in the ACT and the ACT Magistrates Court.

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FAQs: restricted licences in the ACT

Can I apply before I am sentenced?

Yes. The court says you may apply before your expected disqualification or during it.

Can I get a restricted licence for a demerit point suspension?

No. A demerit point suspension rules out a restricted licence (Driver Licensing Act s 18(4)). You may be able to elect a 12-month good behaviour period instead (s 19).

I was given an immediate suspension notice. Can I get a restricted licence now?

Not while the notice is in force (Road Transport (General) Act 1999 s 61B(4)(f)). You can apply to the court for a stay of the notice within 28 days, but only exceptional circumstances justify a stay.

Is needing my car for work enough?

Not by itself. The court must be satisfied the circumstances are exceptional after weighing all the s 47(2) matters, including the risk to other road users and other transport options.

Sources and date checked

The law on this page was checked against these primary and official sources on 21 Oct 2026. Penalty unit dollar amounts are as at 21 Oct 2026.

This page is general information about Australian Capital Territory law only. It is not legal advice. Every matter turns on its own facts.

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  • Work & driving needs: Let us know if you rely on your licence for work or family responsibilities.
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