DraftThis guide has not been reviewed by a lawyer yet. It is general information about Queensland law, not legal advice.
The short version
- Learner and provisional drivers can lose their licence with 4 or more demerit points in a year. Open licence holders can with 12 or more in three years.
- When you go over the limit, you may be offered a choice between a suspension or a good driving behaviour period.
- A special hardship order is for some demerit point suspensions. A work licence is a separate thing, for some drink or drug driving convictions.
- These are applied for in court, and the timing matters.
- A lawyer can tell you which, if any, applies.
Losing your licence can affect work, family and getting around. This is general information. Rules can be technical and the dates matter, so a lawyer or community legal centre is worth calling early.
What this usually means
Traffic offences add demerit points to your record. When you reach the limit, the Department of Transport and Main Roads (TMR) sends a notice.
- Learner or provisional licence: 4 or more points within 1 year.
- Open licence: 12 or more points within any 3 years.
Points carry over when you move between licence types. Points listed on a notice are treated as dealt with and not counted again.
When you go over, you may be able to choose between a suspension and a good driving behaviour period. During the good driving behaviour period, which is usually a year, getting more than the allowed number of points can mean a longer suspension, often double. Your notice explains the choice, and the dates to make it. Read it carefully.
A drink driving or other serious offence is dealt with differently. A court may disqualify you from holding a licence, and the length depends on the offence.
Two options can help in some cases.
- Special hardship order. For some demerit-point suspensions only: if you were suspended for 2 or more points during a good driving behaviour period, or for a high speed offence (more than 40km/h over the limit). You must show the court that the suspension would cause extreme hardship, such as losing your means of earning a living, or severe and unusual hardship. It is not available for a learner licence.
- Restricted (work) licence. Separate from the above. It may be possible after some drink or drug driving convictions, if you need a licence to earn your living and refusal would cause extreme hardship.
What you can do now
- Read the notice. Find the dates and what it says you can do.
- Check your demerit points on the TMR website.
- Do not drive while suspended or disqualified, unless you hold a valid order that allows it. Driving while suspended can bring much more serious penalties.
- Get advice before the date on your notice. Ask whether a good driving behaviour period suits you, and whether a hardship order or work licence could apply.
- If you may want a work licence, tell your lawyer or the duty lawyer before sentencing. The application is made in court at the time, not afterwards.
- Gather evidence of hardship: employer letters, work rosters, and details of any medical or family needs.
Time limits
- Special hardship order: apply to the Magistrates Court in the district where you live, after your suspension has started. Give TMR the court-stamped application at least 7 days before the hearing. Your suspension is lifted until the day before the hearing. Do not drive until TMR has the copy.
- Work licence after drink driving: apply in court after a finding of guilt and before the court orders the disqualification. The form (F3181) should be completed before the hearing. A later application is not possible.
- Notice dates: the dates on your TMR notice apply to you. Check them straight away.
If it goes further
A special hardship order, if granted, lasts for the suspension period on your notice, from the order date. Time served before the order does not count. A zero demerit point limit applies, and any point can lead to a suspension of double the order period. You may need a licence with an X3 condition. Breaching the conditions can bring a fine and disqualification.
A restricted licence carries a zero blood alcohol requirement. You carry the licence and court order. A short online drink driving course is required if the court grants a restricted licence. Certain people are not eligible, for example if the blood alcohol level was 0.15 or above or there was a recent drink or drug driving conviction. A lawyer can tell you how this applies.
Questions to ask whoever helps you
- How many points do I have, and when does my suspension or period start and end?
- Should I take a suspension or a good driving behaviour period?
- Am I eligible for a special hardship order or a work licence?
- What evidence should I bring to court?
- Can I get free help on the day?
Good questions
How many demerit points before I lose my licence?
For learner and provisional licences it is 4 or more in one year. For an open licence it is 12 or more in any three years. Points carry over when you change licence type.
Can I get a work licence after drink driving?
A restricted (work) licence may be available after some drink or drug driving convictions. You must apply to the court at the time of sentencing.
Is a special hardship order the same as a work licence?
No. They are separate. A special hardship order is for some demerit point and high speed suspensions.
Words you might hear
- Demerit points
- Points added to your record for traffic offences.
- Good driving behaviour period
- A period, usually a year, when you keep your licence if you stay almost clear of new points.
- Special hardship order
- A court order that lets you keep driving during some suspensions, because of extreme hardship.
- Restricted licence
- A work licence, sometimes available after a drink or drug driving conviction.
Where this comes from
- About demerit points, Queensland Government
- Special hardship order, Queensland Government
- Restricted licence, Queensland Government
- Work licences: drink driving and drug driving, Legal Aid Queensland
- Transport Operations (Road Use Management - Driver Licensing) Regulation 2021, Queensland Legislation