In Queensland, if you have an open, provisional or probationary licence and you have been suspended or disqualified from driving as a result of a conviction for certain traffic offences, it may be possible for you to obtain an interim or restricted licence so that you may continue working.

1. Queensland
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Restricted Licence in
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In Queensland, if you have an open, provisional or probationary
licence and you have been suspended or disqualified from driving as
a result of a conviction for certain traffic offences, it may be possible
for you to obtain an interim or restricted licence so that you may
continue working.
TRAFFIC LAW

3. gotocourt.com.au
Get a Good Lawyer. Fast.
TRAFFIC LAW
Phone: 1300 636 846 Website: gotocourt.com.au
Email: solicitors@gotocourt.com.au
Legislation
The rules and processes relating to restricted licences in Queensland are managed by the
Transport Operations (Road Use Management) Act 1995 and the Transport Operations (Road Use
Management – Driver Licensing) Regulation 2010. Restricted licences can be issued under s 87
of the Act.
How to apply for a restricted
licence in Queensland
To apply for a restricted licence in Queensland, you must make an application to the court where
your driving offence matter is to be heard.
You must apply using the approved form (Form F3181 – Application for an Order Directing the Issue
of a Restricted Licence). You must also make yourself available to give evidence and to be cross-
examined as a witness if necessary. Other witnesses may be called by either the prosecution or in
your defence.
When to apply for a restricted
licence Queensland
If you wish to apply for a restricted licence
in Queensland, the application must be
made:
• at the proceedings when your conviction
for the driving offence is recorded
• before the court makes an order which
will disqualify you from driving.
The court will make an order for a restricted
licence either:
• at the proceedings when your conviction
for the driving offence is recorded or
• in conjunction with an order which
otherwise disqualifies you from driving.

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Information to include when making
an application
This type of licence is difficult to obtain. You must satisfy the court that:
• bearing in mind the safety of the public and other road users, you are a fit and proper person
and should be able to drive in these limited circumstances
• you or your family would experience extreme hardship if you could not earn a living.
If you are self-employed, you must include an affidavit setting out your personal circumstances,
including details of your work, the financial hardship that will result from your disqualification from
driving, and your work-related driving requirements.
If you are employed by someone else, you must include an affidavit from your employer which
explains your need for a licence and what will happen if you cannot drive for the disqualification
period.
The affidavits must be in the form approved by the court, and must be witnessed as instructed.
Possible outcomes of your
application
If you do not apply for a restricted licence, or the court does not grant your application, you must not
drive for the period of the disqualification.
If the court does grant your application, the Judge or Magistrate will make an order instructing the
Department of Transport and Main Roads (TMR) to issue you with a restricted licence. They will set
out in the order what restrictions apply to you.
You must then attend the TMR with copies of your court order for issue of a licence. Your restricted
licence applies from the date of the court order for the duration of the period set by the court. This
may be up to twice the period for which you would otherwise have been disqualified.
Appealing the court’s decision
If you apply for a restricted licence in Queensland and your application is rejected, your only option
is to seek judicial review through administrative law processes in QCAT. Case law has determined
that it is not a decision which can be appealed through the courts.
In addition, any decision of QCAT is final and cannot be appealed.

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Email: solicitors@gotocourt.com.au
Driving on a restricted licence in
Queensland
For all successful applicants, your licence will be restricted to use for purposes directly connected
with your work, or how you earn your living. You must not drive for any other purpose, such as driving
your children to school, picking up groceries, or attending a medical appointment.
It may also restrict the type of vehicle you are permitted to drive, the times of day or periods of time
during which you are allowed to drive, and the people you are permitted to carry as passenger.
The court may also order that you wear a work uniform while driving, and maintain a log book.
What to do if your circumstances
change while on a restricted licence
If you have been granted permission to drive on a restricted licence and your circumstances change,
you may apply to the Magistrates Court in the area in which you live for a variation on the restrictions
attached to your licence.
The application must be in the approved form and, as before, you must be willing to present yourself
to the court to give evidence and to be cross-examined as a witness. Others may again also be
called to testify.
You must provide written notice of your application to the police at least 14 days prior to the hearing.
The police are entitled to be represented at your hearing and to contest your application.

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TRAFFIC LAW
Phone: 1300 636 846 Website: gotocourt.com.au
Email: solicitors@gotocourt.com.au
Remember, you are NOT alone!
Where you go from here depends on your own situation. Everyone has their
own individual priorities and demands on their life that they need to deal
with.
This information guide points you in the right direction as to what options
might be available to get the outcome that you need—options that many of
our clients are not aware of before talking to us.
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