DRINK/DRUG DRIVING WORK LICENCE (QLD)

Many people who consult me charged with a drink or drug driving offence in QLD presume it is almost a given that the Court will give them a “work licence” upon pleading guilty. This is incorrect. There are a number of strict guidelines which must be met for a person to be eligible to even apply for a work licence.

In addition to this, the legislation requires that for an applicant to be successful, they must show that not only will they or their family suffer extreme financial hardship if the application is refused, but also that they are a fit and proper person to be issued with a restricted (work) licence having regard to the safety of other road users and the public generally.

Many applicants are wholly unaware of the “fit and proper person” threshold which must be met before a restricted licence can be granted. If not properly addressed, the application risks failure which could cause severe flow on effects for the applicant when the licence disqualification takes effect.

Matters relating to the applicant’s character, past traffic and criminal history and attitude towards responsibility are some of the matters the court will take into account in deciding whether a person is a fit and proper person. Any indiscretions of character, history or in their attitude towards responsibility will need to be comprehensively addressed in detailed affidavit material.

Navigating this area of law can be a nightmare for the ill equipped. If you find yourself needing a restricted work licence for any reason, I would strongly encourage you to take advice from or retain a legal representative who has had extensive experience in running these applications successfully before the court.

NB- this is educational information only and should not be taken as legal advice. I strongly encourage you to obtain legal advice from a suitably qualified expert in relation these types of matters due to their complexity.