QUEENSLAND

Special Hardship Licence QLD

In shortA special hardship order lets an eligible Queensland driver keep driving, on conditions, after an open or provisional licence is suspended for a high-speed offence or for breaching a good behaviour period. You apply to the Magistrates Court, serve TMR at least 7 days before the hearing and must prove extreme hardship or severe and unusual hardship.

Which suspensions: open or provisional licence suspensions under regs 266(5) and 285(5) of the Driver Licensing Regulation 2021, such as for more than 40 km/h over the limit or a good behaviour period breach.
Who is excluded: learner and non-Queensland licences, and anyone with a listed suspension, disqualification or conviction in the 5 years before (reg 311).
The hearing: serve TMR at least 7 days before; the suspension is stayed until the day before the hearing; the court applies the tests in reg 317.

Queensland law · law checked 21 Oct 2026

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What's on this page

What is a special hardship order?

A special hardship order (SHO) is a court order that lets you keep driving, on strict conditions, during a licence suspension that would otherwise keep you off the road. People often call it a special hardship licence. Queensland's rules are in chapter 8 of the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021, made under s 150 of the Transport Operations (Road Use Management) Act 1995 (TORUM). The application is heard in the Magistrates Court.

An SHO is not available for every suspension. It is not a drink driving remedy: for drink driving, see DUI restricted work licence and s 79E orders.

Which suspensions can an SHO cover?

An SHO applies only where your open or provisional licence has been suspended under reg 266(5) or reg 285(5). In practice, that usually means:

a suspension for a high-speed offence, where you were caught driving more than 40 km/h over the speed limit; or
a suspension because you breached a good behaviour period by getting 2 or more demerit points after choosing a good behaviour period instead of an earlier demerit point suspension.

A normal demerit point suspension, where you did not elect a good behaviour period, is not covered: at that stage you are usually offered the choice of a suspension or a good behaviour period instead.

Who is eligible?

You are eligible if you hold a suspended open or provisional Queensland licence and you apply for the same class of licence (reg 310). You are not eligible if, in the 5 years before the suspension (reg 311), you have:

had a Queensland licence suspended or cancelled, or been disqualified from holding one;
had your authority to drive on Queensland roads under a non-Queensland licence suspended; or
been convicted of certain offences, including drink or drug driving, failing to provide a specimen or dangerous driving.

Learner licence holders and drivers with a non-Queensland licence cannot apply. TMR's suspension notice and its website explain the exclusions in plain language. If in doubt, check before you file.

How and when to apply

Complete the approved form. The application is made in the approved form to a Magistrates Court that is a relevant court for you, usually near where you live (reg 312).
Prepare affidavits. Your own affidavit, and an employer affidavit if you are employed (see below).
File in court and get a hearing date.
Serve TMR. You must give a copy of the application and affidavits to TMR at least 7 days before the hearing (reg 312(4)).

There is no 21-day deadline in the regulation for an SHO. TMR advises lodging the application after the suspension has started. Even so, apply promptly, because each day of delay is a day off the road.

Driving while the application is pending

Once you have properly applied, the suspension is stayed and you can usually drive until the end of the day before the hearing (reg 314). Check with TMR before driving, and do not drive on the hearing day unless the order is made and you have your licence.

What to include in your affidavit

The court expects clear, factual and specific evidence. Your affidavit should cover:

the exact work duties that require you to drive, and where;
the hours and days you drive;
evidence of what would happen to your income or business without a licence;
family members who depend on you or your driving;
why public transport, lifts or other options will not work; and
your traffic history and any steps you have taken, such as a traffic offenders program.

If you are not self-employed, you need an affidavit from your employer confirming your duties and the need to drive.

What the court must be satisfied of

Under reg 317 the magistrate can only make the order if satisfied that:

you are a fit and proper person to continue to drive, having regard to the safety of other road users and the public;
the order would not cause an unacceptable risk to public safety; and
refusing it would cause extreme hardship to you or your family by depriving you of your means of earning a living, or severe and unusual hardship to you or your family.

The court may ask you questions about your affidavit. If you have a lawyer, they will usually take you through your evidence.

Conditions on the order

If the court makes an SHO, it sets conditions about:

when you may drive (days and hours);
where and for what purposes you may drive, usually work only;
the vehicle you may drive; and
keeping a logbook or carrying a copy of the order.

You must then apply to TMR for a replacement licence within 14 days of the order (reg 321). Driving outside the conditions is an offence, and a breach can lead to the order being cancelled and a longer suspension.

Common reasons applications fail

not being eligible because of history in the previous 5 years;
serving TMR late, or not at all;
vague or incomplete affidavits;
no employer affidavit; and
no documentary evidence of hardship.

SHO or work licence?

	Special hardship order	Restricted (work) licence
Covers	Administrative suspension for high speed or good behaviour period breach	Court disqualification for an eligible drink or drug driving offence
Law	Driver Licensing Regulation 2021 ch 8	TORUM s 87
Timing	Apply after the suspension starts	Apply before sentence

Example

A self-employed carpenter is caught driving more than 40 km/h over the limit and receives a suspension notice. He carries tools between job sites and two employees rely on the business. He applies to the Magistrates Court with an affidavit showing his work and financial records, serves TMR at least 7 days before the hearing and asks for an order allowing work driving on weekdays only. The court decides on the evidence; this example is illustrative only.

Call 1300 941 900 or make an enquiry about legal representation.

Video: special hardship licences in Queensland

This short video from Boorman Lawyers TV gives an overview of special hardship orders.

Special Hardship Licence QLD - Boorman Lawyers This video was published before 31 August 2026, when Queensland drink driving penalties changed, so the penalties discussed may not reflect current law.

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FAQs: special hardship orders in Queensland

What law governs special hardship orders in Queensland?

Chapter 8 of the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021, made under TORUM.

Is there a 21-day deadline to apply?

Not under the regulation. Apply after the suspension starts, and serve TMR at least 7 days before the hearing.

Can I drive while waiting for my court date?

Usually, yes. Once you properly apply, the suspension is stayed until the day before the hearing. Confirm with TMR first.

Can I get an SHO for a drink driving disqualification?

No. Drink driving is dealt with by s 79E orders and s 87 work licences.

What happens if I breach the SHO conditions?

It is an offence, and the order can be cancelled, leading to a further suspension.

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.

Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 (Qld) – ch 8, regs 307–321 — checked 21 Oct 2026
Transport Operations (Road Use Management) Act 1995 (Qld) – s 150 — checked 21 Oct 2026
Queensland Government (TMR) – Special hardship orders — checked 21 Oct 2026

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

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