WHAT’S A WORK LICENCE?
A Work Licence is a restricted Driver Licence which allows people who have been found guilty of certain driving offences to continue to drive for work.
WHO CAN GET A WORK LICENCE?
Work licences can only be granted to open licence holders who plead guilty to low range or mid-range Drink Driving (that is, with a BAC of less than 0.15%), or driving with a relevant drug present in their blood or saliva.
DISQUALIFYING FACTORS
Some things make certain people ineligible for a Work Licence. Common examples include:
- that the person was on their ‘P’s’ or ‘L’s” when they committed the drink/drug driving offence;
- that the person was driving a truck, bus, tractor or other similar vehicle when they committed the drink/drug driving offence;
- that the person was driving for work purposes when they committed the drink/drug driving offence;
- that the person had been found guilty of drink, drug or dangerous driving in the five years prior to applying for the Work Licence;
- that the person had been disqualified from holding a Driver Licence in the five years prior to applying for the Work Licence; and
- that the person’s Driver Licence had been suspended in the five years prior to applying for the Work Licence (other than 24 hour suspensions, suspensions due to physical or mental disability, SPER suspensions etc).
HOW TO GET A WORK LICENCE
In order to get a Work Licence, a person who is charged with a drink/drug driving offence must, before they plead guilty file a ‘Work Licence Application’ and ‘evidence’ in the Court to show the Court that:
- they are a fit and proper person to hold a Work Licence having regard to their traffic history, and the safety of road users and the public generally (this means the person cannot have a particularly bad traffic history, such as a traffic history with multiple hooning or high speed speeding offences ); and that
- they would ‘get the sack’ from their job (and therefore lose their means of earning a living) if they were not granted a restricted licence because their job requires them to hold a Driver Licence.
The ‘Application’ that is filed is a form obtained from Queensland Transport, and the ‘evidence’ is usually an ‘Affidavit’ (sworn/affirmed written statement) of the person charged, and an Affidavit from their boss (unless the person is self-employed, in which case their Affidavit alone will suffice).
We’ve handled hundreds of Work Licence Applications, and have a 100% success rate because we know exactly what the Court needs to hear. If you’re considering applying for a Work Licence, please don’t hesitate to give us a bell.
This article was written by Kyle Barram. Kyle is a criminal lawyer based in Townsville.
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