A restricted licence is a driver’s licence that is issued to a person who has been disqualified from driving for traffic offences but needs to continue driving for limited purposes. In Queensland, a restricted driver’s licence may be issued to a person who holds an open licence, a provisional licence or probationary driver’s licence. This page deals with restricted licences in Queensland.
Legislation
Restricted licences in Queensland are governed by the Transport Operations (Road Use Management) Act 1995 and the Transport Operations (Road Use Management – Driver Licensing) Regulation 2010.
What are restricted licences?
A restricted licence allows a person whose licence has been suspended or who has been disqualified from driving to continue driving for specific purposes.
A restricted licence may specify:
- the times of day the holder may drive
- the type of vehicle they may drive
- the reasons for which they may drive
- who they may take as a passenger.
The holder of a restricted licence may also be required to:
- complete a logbook with the details of their drives
- wear their work uniform whenever they drive.
A restricted licence holder must:
- carry their restricted licence and court order with them when they are driving and show these documents to the police if required;
- comply with the conditions of the restricted licence;
- drive only with a zero blood alcohol content (BAC).
Applying for a restricted licence
A person who is disqualified from driving for a drink driving offence can apply to the court for a restricted licence.
This application can be made before the court has made an order disqualifying the person from driving or during the same proceeding where the court disqualifies the person from driving.
A court may grant an application for a restricted licence if:
- the applicant is a fit and proper person to hold a restricted licence; and
- a refusal would cause extreme hardship to the applicant or their family by depriving the applicant of their means of earning a living.
Who is not eligible for a restricted licence?
Under section 87 of the Transport Operations (Road Use Management) Act 1987, a person will not be granted a restricted licence if:
- they have found guilty of a prior offence of drink driving within the last five years;
- they have been suspended or disqualified from driving within the last five years;
- the offence was committed while they were engaged in an activity directly related to earning their livelihood;
- the offence was committed while they were driving a vehicle they were not authorised to drive;
- the offence was committed while they were on a restricted licence or while they were on a learner permit.
Breaching conditions of a restricted licence
It is an offence to breach any of the restrictions set out in the order granting a restricted licence. This offence is punishable by a fine of 20 penalty units. The restricted licence will also be cancelled, and the offender will be disqualified from driving for a period of three months from the expiration of the original disqualification period, or from the date of conviction for the breach of the restricted licence, whichever is later.
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