Special Hardship Orders Brisbane
What is a special hardship order?
It’s an order made by the court which allows a person whose licence is suspended to continue to drive under certain conditions. It’s also known as a hardship licence or demerit point licence.
Restrictions on a special hardship order
The magistrate may impose restrictions that include any of the following:
o the times you can drive
o what class of vehicle you’re allowed to drive
o the purpose for which you can drive
o you must carry a copy of the special hardship order when driving
Am I eligible to apply?
It can only be issued when you drive more than 40 kph over the speed limit or you lose 2 or more demerit points during a 12 month good behaviour driving period.
You won’t be able to get a special hardship order if during the past five years:
• your licence was suspended or cancelled
• you were disqualified from driving
• your authority to drive in Queensland with a non-Queensland licence was cancelled
• you’ve committed driving offences while unlicenced
• you were convicted of driving dangerously
What information needs to be provided to the court?
You’ll need to demonstrate to the court that that losing your licence will cause extreme hardship to you and your family, either because you won’t be able to earn a living or for some other compelling reason.
It’s important to recognise that the court’s threshold standard for what defines ‘hardship’ is high. Hardship isn’t merely an inconvenience or difficulty.
If for example, your argument is that you need to drop your children off at school or that you need to take someone to a regular doctor’s appointment, you’ll need to provide evidence that there aren’t any public or alternate transport options available.
Any application will need to include a detailed affidavit from you, and if applicable, from your employer.
Should I ask a lawyer to represent me?
When people act on their own, their chances of success are greatly diminished. This is because there are a multitude of things that can go wrong.
There have also been situations where people representing themselves were successful in getting a special hardship order – but were still unhappy with the outcome because of one or more of the restrictions.
For example, the court granted a licence only for some of the hours or days they work, not all of the hours or days. Or the licence allowed them to only drive one type of vehicle when they need to drive two types.
The bottom line is that getting a lawyer to represent you is a smart move – because if your application is unsuccessful, you won’t be able to drive at all for a MINIMUM of 6 months.
Why choose Cullen Lawyers to act on my behalf?
We’ll look at your specific situation and then present your case in the best possible way. We know what the magistrate expects and what lines of argument will provide the optimum outcome.
We understand that having to go to court can be very stressful. So, we will be with you every step of the way through the process. You can count on us to make everything as stress free as possible.