Sadly, not all relationships last. Many couples are able to successfully negotiate the division of their assets and care of their children without legal intervention. But, there are some who cannot and that’s where we get involved. This article will explain the general court processes and the...
A Special Hardship Order is a Court Order that allows you to continue to drive on restrictions imposed on you by the Court. These restrictions may include but are not limited to the following:-
- the purpose for which you may drive;
- the class of vehicle you may drive;
- the day and times you may drive; and
- that you may only drive if carrying a copy of your Special Hardship Order.
A Special Hardship Order which is different from a Restricted or Work Licence can be made where a person has had their driver licence suspended by the Department of Transport and Main Roads for one of the following reasons:-
- an accumulation of demerit points; or
- you have been convicted of driving more than 40 kilometres an hour over the speed limit.
You must lodge your Application for a Special Hardship Order within twenty-one (21) days of your driver licence being suspended. Only those who hold a provisional or open driver licence can make an Application for a Special Hardship Order.
You are not eligible to apply for a Special Hardship Order if within the last five (5) years before your driver licence was suspended:-
- your Queensland driver licence as been cancelled or suspended (including if you have been granted a previous Special Hardship Order;
- you have been disqualified from holding or obtaining a Queensland driver licence;
- your authority to drive in Queensland on a non Queensland driver licence has been suspended;
- you have been convicted of operating a vehicle in a dangerous manner;
- the offence for which you have brought before the Court was one that was committed whilst you were unlicensed.
Your eligibility to apply for Special Hardship Order is not effected by:-
- a licence suspension because you have failed to appear in Court to answer a drink or drug driving charge;
- an immediate licence suspension (normally imposed by the police for a period of 24 hours because of an alleged drink or drug driving related matter).
- suspension or cancellation set aside under review by the Department of Transport and Main Roads;
- a suspension of cancellation because of mental or physical incapacity;
- a suspension imposed by the State Penalty Enforcement Registry;
- a suspension or cancellation set aside on review by the Queensland Civil and Administrative Tribunal.
In order to apply for a Special Hardship Order, you need to complete a Special Hardship Order Application together with a supporting affidavit explaining the circumstances of the offence and the reasons why losing your licence will create a special hardship.