Work licence applications in Queensland.
Section 87 applications move quickly. The disqualification is imposed at sentencing. The application must be ready before that happens.
A work licence application should not read like a plea for convenience. The court needs evidence.
Section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld) gives a court the power to allow a disqualified driver to continue driving for employment purposes, subject to conditions. It is not a sympathy provision. The court is not persuaded by the fact that losing a licence will be hard. It is hard for almost everyone. The question is whether the two statutory tests can be met: that the applicant is a fit and proper person to hold a restricted licence, and that the disqualification will cause extreme hardship.
Both tests must be met on the evidence. General assertions are not sufficient. Specific, corroborated evidence of employment dependence, financial exposure, and the absence of workable transport alternatives is what the application requires.
There is also an eligibility threshold before either test is reached. Not every offence qualifies. Not every driver qualifies. Confirming eligibility is the first step, and it needs to happen before the sentencing date, not at it.
Fraser Lawyers acts in s 87 work licence applications in the Queensland Magistrates Courts. Blake Fraser has been admitted as a solicitor of the Supreme Court of Queensland since 2013.
What happens after you are charged.
Framework.
The Queensland framework that applies in these matters:
- Transport Operations (Road Use Management) Act 1995 (Qld). The principal Queensland traffic Act. Section 87 is the work licence provision. Sections 79(1)(a) and (b) cover low and mid-range drink driving. Section 79(2AA) covers drug driving. Section 86 sets minimum disqualification periods. Section 131 governs Special Hardship Orders, the separate alternative pathway.
- Justices Act 1886 (Qld). Procedural framework for summary matters in Queensland Magistrates Courts, including drink and drug driving prosecutions. Section 222 provides the right of appeal from a magistrate’s refusal of a work licence application to the District Court, within 28 days of the decision.
- Penalties and Sentences Act 1992 (Qld). Governs the sentencing framework that applies at the hearing where the work licence application is determined alongside the sentence. Section 12 gives the court a discretion on whether to record a conviction, a matter relevant to employment consequences argued at the same appearance.
- Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 (Qld). The regulation under the principal Act. Sets the detailed rules for licence classes, zero BAC requirements, and the mechanics of disqualification that follow a drink or drug driving conviction, including the conditions under which heavy vehicle and provisional licence holders are excluded from the s 87 regime.
- Legal Profession Act 2007 (Qld). Governs the retainer between a solicitor and a client in Queensland. Part 2.2 Division 4 requires that costs agreements disclose the basis of charges and include an estimate of total costs. Section 323 sets the costs structure permitted in criminal proceedings, including traffic and road use management charges.
Who cannot apply for a work licence.
Section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld) sets out the categories of driver who are excluded from the work licence regime. Checking whether the exclusions apply is the first step in assessing any application.
- High-range drink driving. A BAC reading of 0.150 or above is an excluded offence. The court has no power to grant a work licence for a high-range conviction, regardless of the hardship the applicant can demonstrate.
- Repeat offenders within five years. A driver convicted of a drink or drug driving offence within the five years preceding the current offence is ineligible to apply. The five-year period runs from the date of the earlier conviction to the date of the current offence.
- Provisional licence holders. Holders of P1 and P2 provisional licences are subject to a zero BAC requirement. Any positive BAC reading constitutes an offence at a level that takes the driver outside the work licence regime.
- Heavy vehicle and multi-combination drivers. Drivers required to maintain a zero BAC level by virtue of the vehicle class they operate, including heavy rigid, heavy combination, and multi-combination vehicles, are excluded from the s 87 regime.
- Professional drivers where the offence arose during work driving. The court may take into account that the employment benefit the applicant seeks to protect was itself part of the risk that produced the offence, and this may affect both eligibility and the fitness assessment.
- Certain suspended licence holders. Where a driver’s licence was already cancelled or disqualified (other than by SPER enforcement) within the relevant period, additional restrictions may apply to eligibility under s 87.
What the application involves and when to file.
A work licence application is made to the Magistrates Court and can be filed before sentencing for determination at the same appearance. Timing and preparation are both important.
- Timing of the application. Filing before the sentencing date and having the application ready for the sentencing appearance is strongly advisable. An application filed on the day of sentencing without prior notice to the prosecution is at risk of adjournment or refusal on procedural grounds.
- The applicant’s affidavit. The affidavit is the primary vehicle for the application. It must address the offence and proposed disqualification period, the employment situation and why it requires a licence, the proposed work driving in specific terms (hours, routes, vehicle), the financial and personal consequences of disqualification, and the fitness question. Vague affidavits carry limited weight.
- Employer letter or statutory declaration. An employer’s letter on company letterhead, or preferably a statutory declaration, confirming the position, the necessity of driving, and what would happen to the employment if the licence is lost. A brief or generic letter adds little. The letter needs to address the consequence of disqualification directly.
- Financial records. Payslips and financial documents demonstrating income, regular commitments (mortgage, rent, child support, loans), and the genuine financial impact of job loss. These corroborate the hardship assertion made in the affidavit.
- Driving history. The applicant’s traffic history from the Department of Transport and Main Roads. The court will examine this whether or not the applicant volunteers it, and it is better addressed in the affidavit than left for the court to discover independently.
- Service on the prosecution. The application must be served on the Queensland Police Service before the hearing. Service requirements should be confirmed with the relevant Magistrates Court. The prosecution may appear to oppose the application or to put concerns before the court.
- Conditions imposed. If the application is granted, the court will impose conditions specifying the purpose of driving (employment only), the vehicle by registration number, the permitted hours, and in some cases a log book requirement. Driving outside those conditions is a separate offence and will result in cancellation of the work licence.
Deadlines and risks.
The window for a work licence application closes at sentencing. Once the court imposes a disqualification without a work licence application having been made, that opportunity is gone. There is no mechanism to go back and apply after the sentence has been imposed.
If the application is refused by a Magistrate, an appeal to the District Court under s 222 of the Justices Act 1886 (Qld) must be filed within 28 days of the decision. Missing that window extinguishes the right of appeal. During any adjournment or appeal period, the immediate suspension imposed at the roadside remains in force. There is no interim authority to drive while the application is pending.
The immediate suspension notice issued at the roadside takes effect before the court date. Driving during that suspension is a separate offence under the Act and carries its own disqualification consequences. The suspension and the work licence application are separate issues, and one does not affect the other until the court makes an order.
Scope of the work.
Eligibility under section 87
Work licences are available for convictions involving low-range drink driving (BAC 0.050 to 0.099), mid-range drink driving (BAC 0.100 to 0.149), and drug driving under section 79(2AA). High-range drink driving, repeat offences within five years, and holders of provisional licences or heavy vehicle licences are excluded from the regime. Confirming eligibility before filing anything is the first task in any application.
The fit and proper person test
Before considering hardship, the court must be satisfied the applicant is a fit and proper person to hold a restricted licence. The test asks whether granting the licence creates an unacceptable risk to public safety. Driving history, the nature of the proposed work driving, and the applicant’s affidavit are all relevant. Character evidence and evidence of voluntary driver education can also be placed before the court on this question.
The extreme hardship test
The threshold under section 87 is extreme hardship, a standard consistently interpreted by Queensland courts as requiring more than inconvenience or financial difficulty. The court is looking for a situation where disqualification, without relief, will cause a real and serious deprivation going to the applicant’s livelihood or to the wellbeing of their dependants. General assertions are not sufficient. Specific, corroborated evidence of employment dependence, financial exposure, and the absence of workable transport alternatives is what the test requires.
Work licence versus Special Hardship Order
A work licence under section 87 applies at sentencing for a qualifying court-imposed disqualification. A Special Hardship Order under section 131 applies where a licence has been suspended administratively by the Department of Transport and Main Roads for demerit points, or by SPER for unpaid fines. The two pathways have different eligibility rules, different evidentiary requirements, and different outcomes. Applying under the wrong provision cannot be corrected on the day of hearing.
How Fraser Lawyers acts in these matters.
We do not make extravagant promises about results. No competent lawyer should.
What we do is assess eligibility clearly, identify what evidence the application requires, and prepare it properly. If the exclusions apply and an application cannot succeed, we say so at the outset, not after the affidavit is filed. If the application is available, we prepare the affidavit, the employer material, and the financial evidence, and we appear at the Magistrates Court to make the submissions that the statutory tests require.
A well-prepared application is not the same as a successful one. Courts assess the evidence before them. The aim is to make sure the evidence that can be placed before the court is the best available version of the facts, not a version that undersells the position.
The likely path.
Step 1 — Initial call.
You call or send a short enquiry. We confirm the charge, the court date, and the BAC reading or drug result. We establish eligibility under s 87 before anything else. If the exclusions apply, we tell you, and we identify what other options exist.
Step 2 — Document review.
We review the police paperwork, the charge, and any prior history. We identify whether the work licence or special hardship pathway applies, and what the disqualification range looks like at sentencing.
Step 3 — Evidence gathering.
We take instructions from you about the employment, the financial position, the proposed work driving, and the transport alternatives. We advise on what the employer's letter needs to say, what financial records are needed, and how the affidavit should be structured.
Step 4 — Affidavit and application preparation.
We draft the affidavit and review the supporting material. The application is filed and served on the prosecution before the court date, not on the morning of it.
Step 5 — Sentencing appearance.
We appear at the Magistrates Court. We make submissions on sentence and present the work licence application. If the prosecution raises concerns, we address them.
Step 6 — After court.
We explain the order, the conditions attached to any work licence granted, the disqualification period, and the steps required with the Department of Transport and Main Roads to have the licence issued.
Questions we hear often.
Plain-English answers to the questions clients tend to ask. If your question is not here, call us.
Get in touchCan I get a work licence if I was charged with high-range drink driving?
No. High-range drink driving, a BAC reading of 0.150 or above, is an excluded offence under s 87 of the Transport Operations (Road Use Management) Act 1995 (Qld). The legislature placed high-range offences outside the work licence regime, and the court has no power to grant one for a high-range conviction, regardless of the hardship that can be demonstrated. If you have a high-range conviction, there are other questions to address: the mandatory minimum disqualification, ignition interlock requirements, and the scope for sentencing submissions to influence the disqualification period above the minimum. Those are distinct from the work licence question. The paperwork issued at the time of charge, or the brief of evidence from the prosecution, will state the recorded reading.
What evidence do I need for a work licence application?
The application needs to address three things: the nature of the 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 practice, that means your own affidavit setting out the role, the driving tasks it requires, your financial situation, your household and dependant obligations, and why the transport alternatives do not work. An employer letter on company letterhead, preferably as a statutory declaration, confirming the role, the necessity of driving, and what would happen to the employment if the licence is lost. Payslips and financial documents showing income and regular commitments. Your driving history from the Department of Transport and Main Roads. The quality and specificity of this evidence matters more than its volume. See s 87 of the Transport Operations (Road Use Management) Act 1995 (Qld) for the eligibility framework.
How long does it take to get a work licence?
The typical timeline from charge 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. The first court date is usually three to six weeks after charge. If the matter proceeds to sentencing at that appearance and the application is ready, the court can determine both the sentence and the work licence application on the same day. The key risk is delay. If preparation is left too late, the sentencing date may arrive before the evidence is ready, requiring an adjournment that extends the immediate suspension period. There is no interim authority to drive while an application is pending.
Can I get a work licence if I drive a company vehicle or a heavy vehicle?
For a company vehicle, the vehicle class is the first question. If the vehicle is a standard passenger or light commercial vehicle and the offence is a qualifying one, the fact that the vehicle is employer-owned is not by itself disqualifying. The work licence, if granted, will name a specific vehicle by registration number. Where the employer operates a fleet and the vehicle varies day to day, this needs to be addressed in the affidavit and raised with the court, as the standard condition names a single registration. For heavy rigid, heavy combination, and multi-combination vehicles, the position is different. Drivers of those classes are subject to a zero BAC requirement under the Act, and any positive BAC reading places them outside the s 87 regime. The specific vehicle and licence class should be confirmed with a solicitor before any application is prepared.
If my work licence application is refused, can I appeal?
Yes. A refusal by a Magistrate can be appealed to the District Court under s 222 of the Justices Act 1886 (Qld). The appeal must be filed within 28 days of the decision. Missing that window extinguishes the right of appeal. An appeal to the District Court is a rehearing, not a review of whether the magistrate made a legal error, which means additional or improved evidence can be filed as part of the appeal. A refusal at first instance does not necessarily end the matter. If the refusal was because the eligibility criteria were not met, such as because the offence was high-range, an appeal cannot overcome that statutory bar. Advice should be obtained promptly after any refusal.
What is the difference between a work licence and a Special Hardship Order?
A work licence under s 87 of the Transport Operations (Road Use Management) Act 1995 (Qld) applies at sentencing for a qualifying court-imposed disqualification. The application is made as part of the sentencing process, and if granted, it allows driving for employment purposes only, subject to conditions. A Special Hardship Order under s 131 of the same Act applies where the Department of Transport and Main Roads has suspended a licence for accumulated demerit points, or where SPER has suspended a licence for unpaid fines. A Special Hardship Order does not apply to a disqualification imposed by a court as part of a sentence, and a work licence does not apply to a demerit suspension. Applying under the wrong provision cannot be corrected on the day of hearing.
Will I need an alcohol ignition interlock if I get a work licence?
Possibly. 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. 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 addressed in the application. Whether an interlock order applies to your conviction is part of the sentencing picture and will be addressed at the hearing.
I was charged with drug driving, not drink driving. Can I still apply for a work licence?
Yes, in the right circumstances. The s 87 work licence provisions extend to drug driving offences under s 79(2AA) of the Transport Operations (Road Use Management) Act 1995 (Qld), which covers driving with a prescribed drug present in the driver’s saliva. The prescribed drugs are methylamphetamine, cannabis (THC), MDMA, and cocaine. A work licence is not available following a s 79(1) DUI drug conviction. For the s 79(2AA) presence offence, eligibility is subject to the same conditions as for drink driving: no repeat offence within five years, no excluded driver category, and both the fit and proper person test and the extreme hardship test must be satisfied on the evidence. The 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.
Talk to Fraser Lawyers about your work licence application.
An initial call or email is the fastest way to confirm eligibility, understand the timeline, and know what preparation is required. Fraser Lawyers is based at 86 Bundall Road, Bundall QLD 4217. We act for clients across the Gold Coast and Queensland.
Visit us in Bundall.
Five minutes from Surfers Paradise, ten from Robina. On-site parking. Talk to us about your matter; we will tell you what we think and what the next step is.
- Office86 Bundall Road, Bundall QLD 4217
- Phone(07) 5554 6116
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