In Queensland, drivers convicted of specific offences may incur driving disqualification or licence suspension for long periods. For many Australian drivers, a licence suspension or disqualification can bring severe economic hardship, preventing them from getting to work and creating obstacles to gainful opportunities. If you are facing a charge for driving at an excessive speed or other offences that can lead to a suspension or disqualification of your driving licence, you may have options that can allow you to continue driving on a Special Hardship Order Licence (SHO) drivers licence in Queensland.
What is a Special Hardship Order Licence (SHO)?
One of the options available to drivers whose licences have been suspended or are about to be suspended is the special hardship order. As the name implies, the hardship order is a court order that allows a driver to operate a motor vehicle while their standard driving licence has been suspended.
Drivers must apply for this order in court and establish to the satisfaction of the court that they meet all the criteria to apply for the hardship order, and are fit and proper to hold a licence.
Eligibility Criteria for a Special Hardship Order Licence
An application for the issuance of a Special Hardship Licence must show that:
• The applicant was a holder of a valid provisional or open driver licence at the time the licence was suspended;
• The applicant’s Queensland driving licence had not been suspended or cancelled during the last 5 years;
• The applicant’s non-Queensland driving licence has not been suspended in the last 5 years;
• The applicant had not been convicted of major traffic offence in the last 5 years; and
• Losing the driving licence will cause the applicant or their family to suffer extreme hardship or severe and unusual hardship due to an inability to work arising from the loss of the driving licence.
The issuance of a special hardship order is purely discretionary, and a court may refuse a driver’s application even when the application cites good reasons for the issuance of the hardship order. The Magistrate must be convinced that the applicant is a ‘fit and proper person’ and will suffer ‘significant hardship’.
Do you qualify for a special hardship order? Talk to an experienced driving offence lawyer and get legal advice.
When to file for Special Hardship Order?
Timeliness of your application for the hardship order is also important. You may apply for the issuance of the Special Hardship Order on the day the court suspends your licence, or you can file your application and all supporting evidence within 21 days of its suspension. But you will need a lawyer to help you determine first whether you are qualified for a hardship order, where to apply, and what types of documents to attach to your application.
Contact our Specialist Traffic Lawyers
At Boorman Lawyers, we have helped clients obtain special hardship orders and other appropriate court orders to ensure that their work life and businesses are not severely affected. Our law firm has years of proven experience in criminal defence and can readily assess whether you are qualified to apply for a special hardship order. Call us today at 1300 941 900 to learn more about how we can help you.
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References:
https://www.tmr.qld.gov.au/Licensing/Licence-demerit-points/Speeding-offences.aspx
http://www.legalaid.qld.gov.au/Find-legal-information/Publications/Legal-information-guides/Are-you-going-to-lose-your-driver-licence-a-guide-to-help-you-apply-for-a-work-licence-or-special-hardship-order/How-do-I-apply-for-a-special-hardship-order/
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Speak to our Qld Traffic Lawyers Ph: 1300 941 900
Our Qld Traffic Lawyers can be contacted at:
Boorman Lawyers NSW & QLD Solicitors