If you’ve been charged with drink driving or another traffic offence that carries a licence disqualification, it can be a devastating blow—especially if your job relies heavily on your ability to drive. For blue-collar workers and those in trade jobs in Australia, such as electricians, plumbers, construction workers, and delivery drivers, losing your licence could severely disrupt daily routines and lead to significant financial losses. The good news is that, in certain situations, you might be eligible to apply for a restricted work licence.
A restricted work licence, sometimes referred to as a ‘work licence’, is a court-issued order that lets you still drive for work purposes while you’re otherwise disqualified. Like any legal process, there are rules, eligibility criteria, and important considerations to be aware of before you apply. Today, we’re looking at seven things to consider before applying for a restricted work licence.
1. A Restricted Work Licence Isn’t Available in Every State
First up, it’s important to note that restricted work licences aren’t available everywhere in Australia. They’re primarily an option in Queensland under the Transport Operations (Road Use Management) Act 1995. In other states, such as New South Wales or Victoria, there isn’t currently an equivalent program, although your lawyer might suggest other avenues for hardship licences or appeals.
If you’ve been charged in Queensland and face disqualification for drink driving or certain drug driving offences, you might be eligible. However, you’ll need to meet strict criteria.
2. You Must Apply at the Time of Your Court Hearing
One super important detail many people don’t consider is that you must apply for your restricted work licence at your court hearing for the offence. You can’t come back later and request one once the court has sentenced you. This is why it’s so crucial to get legal advice early. A drink driving lawyer will help you prepare the correct application, supporting evidence, and paperwork to submit on your sentencing day. Unless you’re prepared on the day, you’ll miss the window of opportunity to apply for your restricted work licence.
3. Not All Offenders Are Eligible
While the restricted work licence is available in Queensland, eligibility isn’t guaranteed. Qualifications tend to differ case by case, but as a general rule of thumb, you’ll usually need to meet these requirements:
- You were charged with low or mid-range drink driving, with a blood alcohol concentration under 0.15%.
- It was your first drink driving offence in the last five years.
- At the time of the offence, you held a valid and open licence.
- You weren’t driving for work when charged.
- You need a licence for your job, and losing it would cause you or your family extreme financial hardship.
For instance, if you’re an electrician or a construction contractor required to drive daily between sites, losing your licence might qualify as extreme financial hardship. A drink driving lawyer will help assess whether you meet these eligibility rules before proceeding.
4. You’ll Need to Provide Detailed Supporting Evidence
Courts don’t hand out restricted licences to everyone who applies. You’ll need to convince the magistrate that your job, and possibly your family’s financial stability, depends on you being able to drive for work.
Evidence for tradespeople might include:
- An affidavit from you explaining your financial situation and the hardship you’d suffer without a licence.
- An affidavit from your employer (or yourself if you’re self-employed) confirming driving is essential for your job, including specific job sites or regions regularly serviced, essential tools or equipment you must transport, and detailed hours and urgency of work-related travel.
An affidavit is a written statement verifying that the information within is true. It needs to be detailed, honest, and formatted correctly. Errors or vagueness can stall your application, so we recommend having your drink driving lawyer assist with writing it.
5. There Are Strict Conditions and Limits
Even if you’re granted a restricted work licence at your court hearing, many people mistakenly think it acts as a free pass. However, the court will impose strict conditions to limit your driving. These usually include:
- Driving only permitted during certain hours and days.
- Travel limited to pre-approved areas or routes.
- Purpose restrictions (strictly for work-related tasks).
- You must carry a copy of your licence order at all times while driving.
If you’re a plumber or a handyman, these conditions may limit you strictly to pre-approved service areas, restricting spontaneous or emergency call-outs. If you breach any conditions, even accidentally, you could lose the restricted licence and face further penalties.
6. It Can Affect Your Insurance
Another consideration is how a restricted work licence could affect your car insurance. Tradespeople using commercial vehicles or utility trucks must confirm coverage details, as insurers might impose specific restrictions or premium adjustments for restricted work licences.
Before driving again, check your policy details or speak with your insurer to avoid surprises if you need to make a claim. If higher premiums are required, you might consider switching providers or reassessing whether applying for the licence is beneficial
7. Legal Help Increases Your Chances of Success
While applying for a restricted work licence yourself is possible, the paperwork, affidavits, and court advocacy involved can be complex, and getting it wrong could result in refusal. Especially for tradespeople whose livelihood heavily depends on mobility, expert legal guidance can ensure your case is effectively communicated, increasing the likelihood of receiving a restricted work licence.
An experienced drink driving lawyer can prepare your application, speak on your behalf in court, and handle everything in between to present the strongest possible case. Many courts are more receptive to professionally presented applications, giving you a better chance of securing your restricted work licence.
Learn About How a Drink Driving Lawyer Could Help You
Losing your licence can severely impact tradespeople and their families. If you’re eligible, a restricted work licence can offer essential support, allowing you to continue your work and maintain financial stability throughout your disqualification period. For further guidance tailored specifically to trades workers, check out restricted work licence applications in QLD. Donnelly Law is dedicated to helping tradespeople and blue-collar workers overcome licence disqualifications, ensuring you can get back to doing the job you rely on.
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FAQs
What is a restricted work licence?
A restricted work licence is a court-issued order that allows you to drive for work purposes while serving a licence disqualification due to certain traffic offences, such as drink or drug driving.
Who can apply for a restricted work licence in Queensland?
You may be eligible if you’ve been charged in Queensland with low- or mid-range drink driving (under 0.15% BAC), held a valid open licence at the time, haven’t had a similar offence in the past 5 years, and weren’t driving for work at the time of the offence.
Are restricted work licences available in all Australian states?
No. Restricted work licences are primarily available in Queensland. Other states like New South Wales or Victoria do not currently offer an equivalent, though there may be other legal options.
Can I apply for a restricted licence after my court hearing?
No. You must apply for the restricted work licence at the time of your court hearing. If you don’t, you lose your opportunity to apply for one later.
What kind of evidence do I need for a restricted work licence application?
You’ll need detailed supporting documents such as:
- An affidavit from you outlining your financial hardship,
An affidavit from your employer (or yourself, if self-employed) confirming the necessity of driving for your job.
