A Special Hardship Order is a Court order that authorises an individual who has a suspended license to drive a motor vehicle under special conditions. You need to apply to the Court in writing to obtain a Special Hardship Order but even then, the Magistrate might not grant it to you.
Eligibility for a Special Hardship Order
You are eligible to apply for a Special Hardship Order if your open or provisional license has been, or is about to become, suspended because:
- you were convicted for driving more than 40 km/hour over the speed limit OR;
- you accumulated two or more demerit points in your traffic history while under a 12-month good driving behaviour period
Other criteria include:
- You must hold a current Queensland provisional or open license before it was suspended
- You must not have your Queensland license suspended or cancelled, nor have been disqualified from obtaining a Queensland license in the last five years
- You must not have a non-Queensland driver license authorising you to drive on Queensland roads suspended in the last five years
- You must not have been charged for dangerous driving in Queensland in the last five years, under section 328A of the Criminal Code.
To apply for a Special Hardship Order you must:
- Complete the Special Hardship Order application form;
- File the application in the Magistrates Court of your district within 21 days of your license being suspended;
- Submit a sealed copy of your application and related documents to the Department of Transport and Main at least 7 days before your hearing date.
Before making a Special Hardship Order, the Court must be satisfied that:
- You are a fit and proper person to continue to drive;
- A refusal to make the Special Hardship Order would:
- cause you or your family extreme hardship as you will be unable to continue to earn a living; or,
- cause you or your family other extreme hardships.
Finding a dependable lawyer in Cairns
To help you through the processes and laws involved in obtaining a Special Hardship Order, consider getting a lawyer in Cairns. Here at Marino Lawyers, we can assess your situation and plan the best course of action.
For enquiries, feel free to call (07) 4081 6700.
