QUEENSLAND OFFENCES

RESTRICTED WORK LICENCE

A work licence (restricted work licence in Qld or section 87 licence) is a licence granted by a court (following a drink or drug driving offence) allowing individuals to drive between a set of hours, to and from their place of work and for work duties. A work licence is strictly not allowed to be used for any personal errands or outside of the hours dictated.

To apply for a work licence, you must satisfy the following conditions:

at the time of the offence, you held a current Queensland open driver licence

at the time of the offence, you were not driving for your job

at the time of the offence, you were not already driving under a work licence

in the last five years, you have not been convicted anywhere of a drink driving offence or failing to provide a specimen of breath or blood

in the last five years, you have not been disqualified from holding a licence or had your licence suspended or cancelled in Queensland (this does not include a SPER suspension) and

your blood alcohol concentration (BAC) level was below 0.15% or if it is a drug driving offence the charge must be one of driving with relevant drug in the system not DUI drug driving
You are not eligible to apply if at the time of the offence you:

were driving in connection with your employment

were under 25 years of age and driving under a learner, provisional or probationary licence

were not licenced to drive the motor vehicle that you were driving when the offence was committed

were driving on a licence that required you to have a nil alcohol reading

You are also not eligible to apply if at the time of the application:

you are unemployed and looking for work

need the licence to get children to and from school, attend to household errands or take a relative to medical appointments

your employer has another position for you in the business that does not require you to have a driver licence

The Penalty

If you are convicted of a “hooning” offence, the relative penalty will apply for the particular offence that was committed (eg minimum 6-month disqualification for dangerous driving).

Impoundment, Immobilisation and Confiscation
In addition to these penalties, the particular offence will be subject to penalties under the “hoon” laws. As part of the Queensland Government’s commitment to crack down on illegal street racing and hooning, new powers to impound, immobilise and confiscate vehicles came into effect on 1 November 2013.

Depending on the type of hoon offence and how many previous similar offences you may have, your vehicle may be impounded and/or forfeited to be sold or destroyed.

For a first Type 1 hoon offence, you could have your vehicle impounded for up to 90 days, whilst the vehicle may be forfeited at the end of proceedings for a second offence.

For Type 2 offences, you will not typically have your vehicle impounded on a first instance, however a second may receive an impoundment of 7 days, a third 90 days and the fourth will see the vehicle impounded and likely forfeited for sale.

In summary, if within five (5) years you commit either:

two type 1 hooning offences; or
four type 2 hooning offences

then your vehicle will be forfeited to the state for sale or crushing unless you have applied for the early release of the vehicle.

Can I Defend The Charge?

Whether you can defend the actual charge subject to the offence will depend on what type of offence you have been charged with – you may wish to see the relevant page on our website for more information.