If you have been charged with the offence of drink driving or drug driving you will be facing a disqualification of your licence.

Section 87 of the Transport Operations (Road Use Management) Act 1995 allows for an individual to make an Application to the Court for a restricted licence to allow them to drive for work purposes while they are disqualified. The process requires a completed Application and detailed supporting documents to be prepared for the Court hearing of the matter and it is important to seek advice from a Traffic Lawyer as you cannot appeal the decision if the licence is not granted.

To be eligible for a work licence there are strict criteria which include but are not limited to:

  • Be a currently holder of an open QLD driver licence at the time of the offence;
  • Your blood alcohol concentration must have been below 0.15%,
  • You must not have been driving in connection with your employment at the time of the offence,
  • You must satisfy the court that you are a ‘fit and proper person’ to be the holder of a drivers licence,
  • Without your licence you would lose your job which would result in extreme hardship to you or your family.

You will not be eligible to apply for a s87 work licence if in the five years before the offence you have been:

  • convicted of drink driving or drug driving;
  • convicted of dangerous driving;
  • suspended, cancelled or disqualified from driving, except for a few exceptions.

If the Court grants you the licence they will outline the conditions of the licence which can include:

  • The class of vehicle that can be driven,
  • The purpose for which a vehicle may be driven,
  • The days and times a vehicle may be driven,
  • A requirement to keep a logbook,
  • To wear a uniform, and
  • If you can carry passengers.

The Application for a Work Licence must be made either immediately after pleading guilty to the offence or after being found guilty, and before the Magistrate determines your disqualification period.

Our team specialize in criminal defence. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.