By Vince Campbell
vcampbell@macamiet.com.au
Under new legislation, a driver who suffers a suspension of licence following the accumulation of too many demerit points, or following a high speed offence, can apply for a Special Hardship Order (SHO). If successful on that application, the driver will be able to drive only on the conditions set out in the Order.
Solicitor Vince Campbell has the background.
On the 29th October, 2007 a change was made to the Transport Operations (Road Use Management – Driver Licensing) Regulation.
The change is quite significant andwill affect every person who suffers a suspension of licence following the accumulation of too many demerit points, or following a high speed offence.
Any driver who incurs 12 or more demerit points during any three year period will receive a notice from Queensland Transport offering the option of a good behaviour licence or a three month suspension. Then, if the good behaviour licence is accepted for the period of 12 months, any further traffic infringement incurring two or more demerit points will cause the driver to receive notice of suspension of licence for a period of six months.
Similarly, if a person incurs a high speed offence (40 kilometres or more above the speed limit) then the driver will incur a six month suspension of licence automatically.
Under the old legislation a driver could appeal against suspension of licence. If that appeal was successful the suspension would be removed and the driver would be able to drive for any purpose whatsoever during the good driving behaviour period. Under the new legislation a driver can apply for a Special Hardship Order (SHO). If successful on that application the driver will be able to drive only on the conditions set out in the Order.
Usually, that would mean that the driver could drive for work related purposes or for travelling to and from the home and the workplace. A Special Hardship Order can be granted to enable a driver to drive for particular purposes such as helping a family member or relative by driving them to or from medical appointments or medical treatment.
The legislation imposes quite severe restrictions on the purposes for which persons can drive, should a Special Hardship Order be granted.
In order to be eligible for the Order a person must satisfy the Court that loss of licence will cause extreme financial hardship or some severe and unusual hardship. Further, the Court must be satisfied that it would not be inappropriate to grant the application having regard to the driver’s traffic history and having regard to the safety of other road users.
In changing the legislation the Government is trying to put out a road safety message, namely, that if the driver incurs too many demerit points a driver will either lose the licence completely or be severely restricted in terms of the use of the motor vehicle during the period of the Order.
If in doubt about the meaning of documents and/or correspondence from the Department of Transport the driver should consult one of our Solicitors.
To ensure that no rights are lost every driver should notify Queensland Transport of any change in address. If a driver does not receive a formal notification from Queensland Transport, because ofa change of address, then rights can be lost because of failure to comply with certain time limits.
