I often field questions from clients seeking advice on making an application for a Restricted Work Licence where they have been caught with a drink driving offence or making an application for a Special Hardship Order where they have accumulated an excess number of demerit points or exceeded the speed limit by more than 40 kilometres per hour.
These types of applications can be of enormous importance to clients because if they are granted, they can enable the client to continue to drive in Queensland in the course of or in connection with their employment.
In some circumstances the client is not the holder of a Queensland driver licence and has been driving in Queensland with an interstate licence. To be eligible to apply for a Restricted Work Licence or a Special Hardship Order a person must hold a Queensland driver licence.
This is a key reason why newly arrived residents to Queensland or employees working in Queensland ensure that they obtain a Queensland driver licence.
A second reason why newly arrived residents to Queensland should obtain a Queensland driver licence is that the Queensland driver licensing law states that a person’s authority to drive in Queensland on an interstate licence is withdrawn after the holder has been residing in Queensland for 3 months or more. Many new residents to Queensland are not aware of this law and could potentially be at risk of being charged by the police with unlicensed driving and be issued a notice to appear in Court.
Holders of interstate driver licences can drive in Queensland provided they:-
- comply with the conditions of their interstate driver licence; and
- their interstate licence has not been suspended, cancelled or disqualified; and
- they have not been disqualified from holding or obtaining a Queensland driver licence;
- and they are medically fit to drive.
The law which sets out the circumstances when an interstate driver licence holder’s authority to drive in Queensland is withdrawn is contained in the Transport Operations (Road Use Management – Driver Licensing) Regulation 2010.
For Queensland driver licence holders driving interstate, the law will be governed by the driver licensing law of that state which is generally consistent with the Queensland law.
Those who relocate to Queensland should be aware that if you move to Queensland from another state or territory, you have 14 days to register your vehicle in Queensland. Under Queensland law it is an offence to not transfer registration with 14 days of moving to Queensland. The maximum penalty not transferring to Queensland registration is $10,444.00.
For more information on driver licences or other traffic matters, please contact Steven Hayles of our office.
