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A special hardship order is an order that lets you drive under special conditions even though your normal driver licence has been suspended.
You need to apply to the court in writing for a special hardship order. If the magistrate gives you an order, they can put conditions on the order, like the times and purposes for which you can drive. The order will apply until your licence suspension period ends.
You cannot automatically get a special hardship order because you say you need your licence for work, study or another reason. There are strict criteria and the magistrate can refuse your application if you meet the criteria to apply but the magistrate does not think you are a fit and proper person to hold a licence.
You can read about special hardship orders in Part 14 of the Transport Operations (Road Use Management – Driver Licensing) Regulation 2010, available from www.legislation.qld.gov.au
You may be eligible for a special hardship order if your licence has been (or is about to be) suspended because:
If you fall into the dual suspension category, make sure you tick both types of suspensions on the Application for a Special Hardship Order form so that both suspensions can be dealt with at the one time. You can read more about the application form later in this guide.
If you are not already on a good behaviour driving period but have received both a Notice of Suspension for a high speed offence and also a Notice to Choose between a suspension or a 12 month good behaviour driving period, and you need your licence for at least one of the reasons mentioned above:
To apply for a special hardship order you must also be able to tick all the boxes below:
Even if you have ticked all the boxes above, you must also:
You only need to meet one of these criteria, but if you meet both you should include them both in your application.
Note: It is important that you know what court division or district you live in. You can do this by checking with the court registry.
Remember: It doesn’t matter how much you need a licence, or how good your reasons are, if you don’t need it to keep your job and your income or for another special reason, the court will not give you a special hardship order. If you’re not sure whether you’re eligible for a special hardship order, get legal advice.