How to Apply for a Work Licence in Queensland

If you have been charged with Drink Driving or certain Drug Driving offences in Queensland, losing your driver licence can have a serious impact on your employment.

In some circumstances, you may be eligible to apply to the Magistrates Court of Queensland for a restricted driver licence, commonly known as a work licence.

A work licence does not allow you to drive whenever you want. It allows you to drive for specified work-related purposes and subject to conditions imposed by the Court.

This guide explains who may be eligible for a work licence in Queensland, how to apply for a work licence QLD, what evidence you may need, and what the Court considers when deciding your application.

What Is a Work Licence in Queensland?

A work licence is a restricted driver licence that may allow you to continue driving for work even though the Court has disqualified you from holding or obtaining an ordinary driver licence following certain drink or drug driving offences.

Applications are generally made under section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld).

The Queensland Government restricted licence guidance also uses the term “work” licence for this type of restricted licence.

Importantly, a work licence is not a general licence. The Court may restrict:

• the days and hours you can drive;
• the purposes for which you can drive;
• the type of vehicle you can drive;
• the areas or routes in which you can drive; and
• other circumstances in which driving is permitted.

You must comply strictly with the conditions imposed by the Court.

Who Can Apply for a Work Licence in Queensland?

Eligibility depends on the particular offence and your circumstances. A work licence QLD application is not available for every traffic offence or every drink driving and drug driving charge.

For a drink driving work licence QLD application, common eligibility requirements include that, at the time of the offence, you:

• held a current Queensland open licence for the vehicle you were driving;
• had a blood alcohol concentration of less than 0.15%;
• were not driving as part of your work at the time of the offence;
• were not already driving under a work licence; and
• were not subject to a requirement to have a zero blood alcohol concentration.

For certain drug driving offences, you may also be eligible where the charge involves the presence of a relevant drug in your saliva or blood. People considering a drug driving work licence in Queensland should note that a person charged with the more serious offence of driving under the influence of drugs is not eligible for a work licence.

There are also restrictions relating to your driving history. For example, certain previous drink or drug driving convictions, dangerous driving convictions, licence suspensions or disqualifications within the previous five years can make you ineligible.

Because eligibility can turn on the exact charge, licence type and traffic history, it is important to check your eligibility before preparing the application. The firm's Criminal Law service page includes information about traffic matters and criminal charges. You can also read the firm's Traffic Law article for related court guidance.

What Do You Have to Prove?

Being eligible to apply does not mean the Court must grant you a work licence.

The Court must be satisfied of two important matters.

1. You are a fit and proper person to hold a restricted licence

The Magistrate will consider whether you can safely be trusted with a restricted licence, having regard to the safety of other road users and the public generally.

Relevant matters may include your:

• traffic history;
• circumstances surrounding the offence;
• alcohol or drug reading;
• attitude towards the offending;
• need to drive;
• previous driving behaviour; and
• steps taken since the offence.

2. Refusing the application would cause extreme hardship

You must establish that refusing a work licence would cause extreme hardship to you or your family by depriving you of your means of earning a living.

Simply saying:

“I need my licence for work.”

is generally not enough.

Your evidence should explain precisely why driving is necessary for your employment and what is likely to happen if you cannot drive.

For example, you may need to explain why public transport, taxis, rideshare, changing duties, working from another location or having another employee drive you are not reasonably available.

How to Apply for a Work Licence in Queensland

The process will depend on how your matter comes before the Court, but a typical Queensland work licence application involves the following six steps. This is the usual process for someone asking how to apply for a work licence QLD.

Step 1 – Check Your Eligibility

Before pleading guilty, check your charge, driver licence and traffic history.

This is particularly important because a work licence is not available for every drink or drug driving offence.

Step 2 – Tell the Court You Intend to Apply

If you are not ready to proceed with the application at your first mention, you may ask the Magistrates Court to adjourn the matter so that you can prepare your application.

The Court can then set a date for your plea and work licence application.

Step 3 – Prepare Your Application and Affidavit

A Queensland work licence application is made in writing.

You will usually need an affidavit explaining matters such as:

• your occupation;
• your employment arrangements;
• your normal working hours;
• where you are required to travel;
• why driving is necessary;
• what vehicle you need to drive;
• whether alternative transport is available;
• your financial and family circumstances; and
• what would happen to your employment or income if you could not drive.

This work licence affidavit should be detailed and specific rather than simply stating that having a licence would make working more convenient.

Step 4 – Obtain an Employer Affidavit

If you are an employee rather than self-employed, your employer will generally need to provide an affidavit supporting your application.

An employer affidavit work licence Queensland document should explain why you need to drive and whether you would lose your means of earning a living if you were unable to drive.

Depending on your employment, the affidavit may address your duties, working locations, hours, required travel and whether alternative arrangements can reasonably be made.

If you are self-employed, different evidence may be required to demonstrate the effect that losing your licence would have on your business and income.

Step 5 – File and Serve the Documents

Your application and supporting material should be filed with the relevant Magistrates Court and provided to the police prosecutor as required.

Do not leave preparation until the morning of court. Problems with your affidavits or supporting evidence can affect your application.

Step 6 – Attend the Magistrates Court

At the hearing, the Court will deal with the drink or drug driving charge and your application for a restricted licence.

You may be required to give evidence and answer questions about your application. Your employer or other witnesses may also be required to give evidence in appropriate cases.

The police prosecutor may oppose the application or question the evidence.

The Magistrate will then decide whether the legal requirements have been established and, if a work licence is granted, what restrictions should apply. The Queensland Courts information about the Magistrates Court provides general court context, but it does not replace advice about your application.

What Conditions Can the Court Impose?

A work licence can contain strict conditions.

For example, you might be permitted to drive:

Monday to Friday, between 7:00 am and 6:00 pm, solely for specified employment purposes.

Another person whose job involves visiting clients or travelling between work sites may require broader conditions.

This is why it is important to identify your actual driving requirements before the application is heard.

You should consider:

• What days do you work?
• What hours could you realistically be required to drive?
• Do you work overtime?
• Do you travel between different sites?
• Do you need to carry equipment?
• Do you need to visit clients?
• Do you need to drive outside Brisbane or interstate?
• Do you sometimes work weekends or after hours?
• Which vehicles do you need to drive?

Your proposed conditions should reflect your genuine employment requirements.

Can You Use a Work Licence for Personal Driving?

Generally, no.

A work licence is granted for the purposes authorised by the Court. It should not be treated as permission to continue driving normally.

For example, unless permitted by the order, you should not assume you can use a work licence to:

• go shopping;
• visit friends;
• attend social events;
• take children to school; or
• attend personal appointments.

Driving outside the conditions of your restricted licence can have serious consequences.

Can You Apply After You Have Been Sentenced?

This is one of the most important issues to understand.

For the usual court-based application following conviction, the application needs to be dealt with at the time of conviction and before the Court completes the relevant disqualification process.

You should therefore obtain advice about a work licence before pleading guilty and being sentenced.

Do not assume that you can plead guilty first and simply come back to Court later to apply for a work licence.

What If Your Licence Is Immediately Suspended?

A work licence and a licence allowing someone to drive while waiting for their drink driving charge to be determined are different things.

Certain drink driving charges can result in an immediate licence suspension before your court date.

Depending on the circumstances, a person may need advice about a section 79E licence while the charge remains unresolved.

This should not be confused with a work licence under section 87.

Do You Need a Lawyer for a Work Licence?

You are not necessarily required to have a lawyer, but work licence applications can involve technical eligibility requirements and affidavit evidence.

A lawyer can assist by:

• checking whether you are legally eligible;
• reviewing your traffic history and charge;
• preparing your application;
• drafting your affidavit;
• preparing an employer affidavit;
• identifying appropriate proposed driving conditions;
• appearing with you in the Magistrates Court; and
• making submissions in support of the application.

An application can become difficult if the evidence does not properly address the statutory test or if important information about your employment arrangements has been omitted.

Work Licence Queensland FAQs

What BAC do I need to be under to apply for a work licence in Queensland?

Usually, below 0.15%. For a drink driving work licence application, one of the common eligibility requirements is that your BAC was below 0.15%. Other eligibility requirements also apply.

Can a P-plater apply for a work licence?

It depends on the licence and charge. Eligibility is restricted where the offence was committed while driving under a licence or circumstances requiring a zero alcohol limit. Your precise licence status and charge should therefore be checked before making an application.

Can I get a work licence for drug driving?

Potentially, for certain offences. A work licence may be available for certain offences involving a relevant drug being present in saliva or blood. It is not available for the more serious offence of driving under the influence of drugs.

What happens if I do not have a work licence?

You must not drive during the disqualification period. If the Court disqualifies you and you do not have authority to drive under a restricted licence or another lawful basis, you must not drive during the disqualification period.

Does needing my car for work guarantee that I will get a work licence?

No. The Court must be satisfied that you meet the statutory requirements, including that you are a fit and proper person and that refusing the application would cause the required level of hardship by depriving you or your family of your means of earning a living.

Speak to a Queensland Work Licence Lawyer

This article contains general information about Queensland law and is not legal advice. Eligibility for a work licence depends on the individual circumstances of each case. The law and procedures may change, and you should obtain legal advice about your particular circumstances.