Suspension and disqualification of driver licences, is that the end of the story?

A driver licence is a necessity for most and often something we can take for granted. The prospect of losing your licence can be stressful and has the potential to negatively affect your daily life, including financially.

If you are charged with an offence which can result in the potential loss of your licence or have breached a "good driving behaviour period” after accruing your allocated demerit points, in certain circumstances, you may be eligible to apply for either a Special Hardship Order or Restricted Licence.

Whilst a Special Hardship Order and Restricted Licence are similar, the qualifications and basis in which they can be granted differ. Both require applications to be made to the Court and involve preparing supporting affidavits.

It is vital that an application for a Special Hardship Order or Restricted Licence is completed correctly and the necessary information is included in your supporting affidavit material to give you the best chance at successfully being granted a Special Hardship Order or Restricted Licence by the Court. You will only get one (1) opportunity to make the relevant application and cannot make another application if you are unsuccessful.

Special Hardship Orders

A Special Hardship Order is an order that lets you drive under special conditions even though your driver licence has been suspended. Conditions of a Special Hardship Order will include:

• The class of vehicle you can drive;
• The purpose in which you can drive;
• The days/times you can drive;
• The period for which the Special Hardship Order applies, being the period of your suspension.

If you have gained two (2) or more demerit points while on a “good driving behaviour period” or have been charged with driving more than 40km over the speed limit, you may be eligible for a Special Hardship Order.

An application for a Special Hardship Order must be made within twenty-one (21) days of your driver licence becoming suspended.

Restricted Licence

A Restricted Licence is commonly referred to as a “work licence”. It is a special licence ordered by the Court allowing you to drive for work purposes even though your diver licence has been disqualified. Conditions of a Restricted Licence will include:

• The class of vehicle you can drive;
• The purpose in which you can drive;
• The days/times you can drive;
• The period for which the Restricted Licence applies, being the period of your disqualification.

If you have been charged with a drink driving offence (other than a high range drink driving offence for blood alcohol concentration of 0.15 or more), or fail to provide a sample of breath at the roadside, or driving with a relevant drug in the blood or saliva, and you require your driver licence for work you may be eligible for a Restricted Licence.

An application to the Court for a Restricted Licence must be made before or at the time you are convicted of the offence.

If you think you may be eligible to apply for either a Special Hardship Order or Restricted Licence, our lawyers are here to provide you with advice and assist you through them.

If you wish to book an appointment please call 4771 5664 or email law@connollysuthers.com.au