Work licence applications in Queensland.

No. High-range drink driving, a BAC reading of 0.150 or above, is an excluded offence for the purposes of the work licence provisions in the Transport Operations (Road Use Management) Act 1995 (Qld) section 87. The legislature deliberately placed high-range offences outside the work licence regime because of the elevated public safety risk associated with very high BAC levels. The court has no power to grant a work licence for a high-range conviction, regardless of the hardship the applicant can demonstrate. If you have a high-range conviction, there are other matters to address, including the mandatory minimum disqualification, ignition interlock requirements, and the scope for sentencing submissions to influence the period of disqualification above the minimum. However, those are distinct from the work licence question. If you are uncertain about your BAC reading and which category it falls into, the paperwork issued at the time of charge, or the brief of evidence from the prosecution, will state the recorded reading.

The core evidence addresses three things: the nature of your employment and why it requires driving, the financial and personal consequences of losing the licence, and why alternative transport is not a workable substitute. In practical terms, that evidence typically consists of your own affidavit setting out the employment role, the driving tasks it requires, your financial situation, your household and dependant obligations, and the transport alternatives you have considered and why they do not work. An employer letter on company letterhead, ideally in the form of a statutory declaration, confirming the role, the necessity of driving, and what would happen to your employment if the licence is lost. Payslips and financial documents showing your income and regular commitments. Your driving history from the Department of Transport and Main Roads. Optionally, character references from employers, colleagues, or community members who can speak to your reliability. The quality and specificity of this evidence matters more than its volume. Courts assess these applications on the strength of the factual case presented, not the number of pages filed. See Transport Operations (Road Use Management) Act 1995 (Qld) section 87 for the eligibility framework.

The typical timeline from arrest to a work licence being granted is four to eight weeks, though this varies between courts and depends on how quickly evidence can be gathered and whether any adjournments are needed. After being charged and issued with an immediate suspension notice, the first court date is usually three to six weeks away. At that appearance, if you plead guilty, the matter can proceed to sentencing at the same time, provided the work licence application is ready. Between the charge date and the sentencing date, gathering the supporting evidence is the main task. An employer letter, a well-drafted affidavit, financial records, and your driving history can generally be assembled within two to three weeks if you act promptly. The key risk is delay: if preparations are left too late, the sentencing date may arrive before the evidence is ready, requiring an adjournment that extends the period of immediate suspension. During any adjournment, the immediate suspension imposed at the roadside remains in force. There is no interim authority to drive while the application is pending.

The answer depends on the type of vehicle and the conditions attached to your licence. If you drive a standard passenger vehicle in the course of your employment and have been convicted of a qualifying offence such as low-range or mid-range drink driving, you may be eligible for a work licence under section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld), subject to meeting the fitness and extreme hardship tests. The fact that the vehicle is owned by your employer rather than you is not, by itself, a disqualifying factor. If you operate a heavy rigid, heavy combination, or multi-combination vehicle, a different restriction applies. Drivers of those classes are subject to a zero BAC requirement under the Act, and any positive BAC reading places them outside the work licence regime. For company vehicle situations, the work licence, if granted, will name the specific vehicle by registration number. If your employer operates a fleet and the specific vehicle varies from day to day, this needs to be addressed in the application affidavit and raised with the court, as the standard condition names a single registration. Individual circumstances vary and the specifics should be confirmed with a solicitor.

Yes. A refusal by a Magistrate can be appealed to the District Court under the Justices Act 1886 (Qld). The appeal must be filed within 28 days of the magistrate’s decision. Missing that window extinguishes the right of appeal. An appeal to the District Court is a rehearing, not a simple review of whether the magistrate made a legal error. The District Court hears the application afresh, and the applicant is entitled to file additional or improved evidence as part of the appeal. This means that a refusal at first instance, particularly one that resulted from an inadequately prepared application, does not necessarily end the matter. If the application was refused because the evidence was insufficient, the appeal provides an opportunity to address those gaps with better-prepared material. The prospect of success on appeal depends on why the application was refused in the first place. If the refusal was because the applicant did not meet the eligibility criteria, such as because the offence was a high-range one, an appeal cannot overcome that statutory bar. The 28-day limit under the Justices Act 1886 (Qld) applies strictly. If an appeal is being considered, advice should be obtained promptly after the refusal date.

A work licence under section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld) and a Special Hardship Order under section 131 of the same Act are two different provisions that apply in different situations. A work licence applies when you are before a court for sentencing on a qualifying drink or drug driving charge, and the court is about to impose a disqualification as part of the sentence. You apply for the work licence as part of the sentencing process. If granted, it restricts you to driving for work purposes only, subject to conditions. A Special Hardship Order applies where your licence has been suspended by the Department of Transport and Main Roads because you have accumulated too many demerit points, or where SPER has suspended your licence for non-payment of traffic fines. The SHO pathway is not available as a response to a single court-imposed disqualification at sentencing. If you are not sure which pathway applies, the starting point is to identify how and why your licence is being suspended or disqualified. That will determine which provision is relevant and what evidence and procedure apply.

Possibly, depending on the offence and your prior drink driving history. The Queensland Alcohol Ignition Interlock Programme applies to certain drink driving convictions, and where it applies, the interlock requirement is separate from and can run alongside a work licence. An ignition interlock device is fitted to the vehicle’s ignition system and requires the driver to provide a breath sample before the vehicle will start. Under the Transport Operations (Road Use Management) Act 1995 (Qld), interlock orders are mandatory following certain convictions. For mid-range drink driving convictions, an interlock order may be imposed at the court’s discretion alongside the disqualification and any work licence. Where an interlock is required and a work licence is also granted, the interlock must be fitted to the vehicle nominated in the work licence conditions. The cost of fitting, maintaining, and removing the device is borne by the driver. If the nominated vehicle is employer-owned, the employer’s consent and cooperation for installation will be required, and this needs to be raised in the application. The interlock requirement, if it applies, will be addressed in the sentencing remarks and the court order alongside the work licence conditions.

Yes, in the right circumstances. The work licence provisions in the Transport Operations (Road Use Management) Act 1995 (Qld) section 87 extend to drug driving offences under section 79(2AA) of that Act, which covers driving with a prescribed drug present in the driver’s saliva. The prescribed drugs are methylamphetamine, cannabis (THC), MDMA, and cocaine. Eligibility for a work licence following a drug driving charge is subject to the same general conditions that apply to drink driving. The driver must not be a repeat offender within five years, must not be in an excluded driver category, and must satisfy both the fitness test and the extreme hardship test on the evidence. The factual preparation for a drug driving work licence application is essentially the same as for a drink driving application. The affidavit must address employment dependence, the specific driving requirements of the role, the consequences of disqualification, and why alternative transport is not a realistic substitute. One area that sometimes arises differently in drug driving matters is the fitness test: if the circumstances of the offence suggest a broader pattern of conduct, this may need to be addressed more squarely in the affidavit and in any character evidence provided to the court.