Applying for a Restricted License

A restricted license application can be made where a driver has been disqualified from driving. A restricted license is not an automatic consideration of the court. You must make an application.

If you are seeking a restricted license you need to be aware that the court will ask if there would be ‘severe and unusual hardship’ in not granting the restricted license. You are not guaranteed to be granted a restricted license.

Where a driver has lost 11 demerit points (or 3 in the case of provisional drivers), they will be sent a notice in the mail which gives them fourteen days to apply for a restricted license.

The Magistrates Court provides comprehensive guidance on what will be considered by a Magistrate in making a decision around a ‘restricted’ (or ‘hardship’) license. You may wish to seek legal help in making an application.

Important facts

1. A person must apply for a restricted license. It is not an automatic consideration of the court.
2. If a magistrate grants a restricted license, they have the option of extending the disqualification period.
3. A restricted license can only be issued to relieve ‘severe and unusual hardship’ likely to be caused to the driver, and their dependents, from the loss of license (s18, Vehicle and Traffic Act 1999 (Tas)). 
4. You cannot make an application for a restricted license within 3 years of being disqualified from driving on the basis of a conviction under the Road Safety (Alcohol and Drugs) Act 1970 (Tas).
5. Restricted licenses cannot be applied for in certain circumstances. These include where the conviction was in relation to

• • • a reading of 0.15% blood alcohol content (BAC) or more.
    • driving under the influence of intoxicating liquor or drugs.
    • a drink driving offence whilst a holder of a learner’s or provisional license
    • where the driver refuses to provide a sample of breath or blood for analysis without a reasonable excuse.

It must also be shown that granting a restricted license would not be against the public interest.

Drivers showing signs of a drinking problem or having a bad driving record may be refused. The court may take the view that the circumstances of the offence were so bad that the driver should bear the full weight of their punishment irrespective of the consequences.

In certain circumstances, the court can grant a ‘restricted’ (or ‘hardship’) license where a driver has been disqualified from driving. A person must apply for a restricted license. It is not an automatic consideration of the court.

A restricted license can only be issued to relieve ‘severe and unusual hardship’ likely to be caused to the driver, and their dependents, from the loss of license (s18, Vehicle and Traffic Act 1999 (Tas)).

Depending on the circumstances of the offence, the certain loss of a reasonably paid and secure job will suffice, though there may be other special circumstances which will come within this definition. Inconvenience is not sufficient, and as such restricted licenses will not be granted if there are other practical means of transport available, such as public transport or transport with work colleagues.

It must also be shown that the granting of a license would not be against the ‘public interest’. Your criminal record and driving history are relevant to this question. Drivers showing signs of a drinking problem or having a bad driving record may be refused. Also the court may take the view that the circumstances of the offence were so bad that the driver should bear the full weight of their punishment irrespective of the consequences.

The magistrate also has the option of extending the disqualification period if granting a restricted license.

Grounds for Application

It is important to think very carefully about the grounds for the application. Minimum information consists of details of present employment, how long the person has worked there, their job description, pay, and why they need a license to do the job. Applicants should discuss this in detail with their employer, because the employer is likely to be required to give detailed evidence of this in court, and make it quite clear that the person will definitely lose their job if the restricted license is not granted. Simple inconvenience to the employer is not in the least relevant unless this means that the person will be fired.

For a restricted license to get to and from work, it is important to check all other avenues. This includes available buses, work members who may be able to provide a regular lift, and even the cost of taxis. The court will need to be convinced that there is no other way. Record the information on the application. Attach a copy of the relevant bus time table.

The person should give details of their fixed financial commitments: rent, mortgage payments, installments on hire purchase or personal loan, any other debts they are paying off and any other facts which place any extra financial burden on them.

Details about their past employment history, educational qualifications and enquiries they have made for jobs closer to home, or non-driving jobs, should be included to indicate the job options if they lose their present job. Promotional prospects and superannuation rights (if any) should be mentioned.

If self-employed, the person should give details of their business, and whether it would be feasible to employ someone to drive. Often there is not enough room on the space provided in the form. If this is the case, then write in the space ‘Please see attached sheet for details’. Write out the grounds on a separate sheet.

The Order Sought

The person should be careful to ask only for a license for such times or purposes as they really need it. Usually they will be restricted to particular hours, days of the week, area and/or purposes. This should be done in close consultation with the employer. If self-employed make sure that the restrictions agreed to will neither be too wide nor too narrow. This should enable the person to carry out such activities as are strictly necessary to keep their business going.

In the Court

A restricted license application will be heard within 2 months of the application being filed. On the day, the person and their employer (if employed) must be available to give evidence. If the person is pleading guilty this will be dealt with first and penalties imposed. Then they will be asked to give sworn evidence to support their application. Their employer will then be called to do the same. The employer should be waiting outside the court during the person’s evidence. The prosecutor may ask questions both of the person and their employer to test the case.

If there is a suggestion from the person’s record on their blood alcohol reading that they may have a drinking problem, the person should come prepared with a report from their doctor to say they are not alcohol-dependent.

Offences

The restricted license must be carried at all times. It is also a serious offence to drive outside the terms of the restricted license and this may result in its loss, a large fine, a further period of disqualification and even, in serious or repeated instances, jail.