Since 1988

← Back to Blogs

Are you eligible for a Special Hardship Order?

In Queensland, double demerit points apply during public holidays, and all year round for certain second or subsequent offences committed within 1 year of a previous offence. Given the number of public holidays during the month of April, if you find yourself in the position where your drivers license has been suspended, you may be eligible to apply for a Special Hardship Order. A Special Hardship Order is a court approved order allowing you to drive under special restrictions on your Queensland drivers license.

Eligibility Criteria

To be eligible to apply for a Special Hardship Order, your current open or provisional drivers license must have been suspended for either:

  1. Driving more than 40km/h over the speed limit, or;
  2. Losing two or more dermit points while on a 12 month good driving behaviour period.

You are not eligible to apply if, within the 5 years before your license was suspended, you:

  • had your Queensland drivers license suspended or cancelled (including previous Special Hardship Orders)
  • were disqualified from holding or obtaining a Queensland drivers license
  • your non-Queensland drivers license was suspended
  • were made ineligible to apply for a Queensland drivers license due to:
    • accumulating excessive demerit points; or
    • you were convicted of driving more than 40km/h over the limit

at a time when you were unlicensed

  • Were convicted of dangerously operating a vehicle.

Process of Applying

To apply for a Special Hardship Order, you must:

  1. Complete a Special Hardship Order application.
  2. Lodge your application, supporting evidence, and ‘Notice of driver license suspension’ with the Magistrates Court of your district within 21 days after your license is suspended
  3. Submit a court accepted & stamped copy of your whole application to Transport & Main Roads at least 7 days before your hearing date.

The supporting evidence needed to accompany your application are your own affidavit and an affidavit from your employer and may also include a statuatory declaration that explains why you need an order, your traffic and criminal history and a defensive driving certificate.

You will have a hearing set to attend in the Magistrates Court where the magistrate will review and either approve or deny your application.

Conditions that may apply

If you are granted a Special Hardship Order by the magistrate, you will need to apply for a replacement drivers license within 14 days. The Special Hardship Order will have specific conditions that you will need to read and follow carefully. If you do not, your order will be cancelled and you will be disqualified from driving for a period of time.
One or more of the following conditions may be imposed:

  • Restriction of days and hours you can drive
  • Restriction of whether you can carry passengers
  • Requirement to complete a logbook
  • Requirement to wear your work uniform when driving

Get assistance with a Special Hardship Order from a qualified solicitor.

For assistance with the process of applying for a Special Hardship Order, an experienced solicitor in Cairns can help at every step of the way.

Contact the experienced team at Marino Lawyers today to discuss how we can assist you.