Limited Licence/Work Licence
If you have been disqualified from driving (upon conviction) or suspended as a result of excess demerit points, we can help. We have an excellent track record in achieving limited licences which meet our clients’ needs - and doing so quickly.
With our limited licence service your fee will cover you from start to finish. This includes the time we spend on drafting, filing fees and appearances in court on the day.
For more information regarding limited licences please see the information below and if you would like to talk to us or have any questions contact us here.
What is a Limited Licence?
A limited licence (often referred to as a ‘work licence’) is a driver’s licence that allows a disqualified or suspended person to drive most typically for the purpose of their work. As the name suggests it is more limited in its usability than a full driver's licence.
Am I eligible?
Not everyone can apply for a limited licence/work licence. When evaluating eligibility there are three sorts of problems that we consider in a limited licence case:
The gateway conditions
“Public safety” issues
Other eligibility issues
Read more below.
The gateway conditions
You need to be able to answer “yes” to at least one of these two questions:
a) If I don’t get a limited licence will I suffer extreme hardship?
Extreme hardship is typically job loss and with it loss of your income (and maybe even eventually your house). Suffering inconvenience in not being able to drive is not enough. So, if you can easily carry on in your job without being able to drive, then we’re sorry, but yours is not a good case to take to court. But we usually manage to find hardship for our clients that can be characterised as extreme.
b) If I don’t get a limited licence, will some other person or some other people suffer undue hardship?
Undue hardship typically means serious financial hardship (once again inconvenience is not enough).
Maybe your employer will not be able to replace you and his business will suffer seriously, or your children will suffer financial hardship because you won’t be able to provide for them – that’s all undue hardship.
Personal and not solely financial hardships can sometimes be used here. For example, our lawyers have repeatedly succeeded in getting limited licences that allow clients to drive other people including children, for special purposes.
2. Public safety issues
This is all about whether the police think that you will be safe behind the wheel if you do get a limited licence. What endangers public safety is a highly uncertain question and views vary widely amongst police sergeants. What will provoke an objection on the part of the police depends on your previous convictions, what sort of period they fall within, your area of the country, and such other proclaimed material factors.
3. Other eligibility issues
There are other complicated factors that may upset a limited licence application. These typically arise with people who have had previous disqualifications, or who are required to have an ‘alcohol interlock licence’ instead of a limited licence.
Also, you would not be eligible for a limited licence if:
you do not hold a restricted or full licence;
You are already disqualified from driving from a previous DUI; or
You have been convicted of driving while disqualified of driving contrary to the conditions of your limited licence.
Supposing I am eligible – what happens then?
We can custom build a limited licence that suits your needs. An expert draftsman in the ActiveLegal team will compose a number of documents which will be filed with the court. The only thing that we require from you is particular personal information and your attendance at court – but don’t worry, we do all the talking.
And what are your chances? Again consult us. But, here’s an indication. We have succeeded in getting a limited licence for a client convicted (in the hands of another lawyer) on a fifth drink drive with a previous conviction within the last five years – and who was on a suspended jail term for the most recent conviction! We hope that gives you hope.
“A submitter [Patrick and team] argued that [the proposed law change] is too restrictive in its focus. It would remove this provision from being able to be used as a rehabilitative mechanism …. We [unanimously] consider that the use of the provision to facilitate rehabilitation has merit and therefore recommend an amendment to [the proposed law change] to effectively retain the status quo ….”
The government accordingly removed the proposed change and substituted the version that appears in the current law. Happily, the section has since been used to save the jobs, homes and businesses of a great many defendants across the country. So if you are interested in this outcome, we suggest you call the team that has had more to do with this piece of law than anyone else in practice. There are particular eligibility requirements which we will be pleased to let you know.
Sarah Hames has written an article regarding s94 and driving whilst suspended or disqualified which you can find here.
