Special Hardship Order
Protect Your Livelihood. Secure Your Driving Privileges
If you need to drive for work or would suffer severe and unusual hardship in another way, such as being unable to care for a family member with significant needs, a special hardship order may provide a way to continue driving after a qualifying licence suspension.
A special hardship order, or SHO, allows an eligible person with a suspended Queensland provisional or open licence to drive under strict conditions set by the court. It may apply where your licence has been suspended because you accumulated demerit points during a good driving behaviour period or committed a high-speed offence.
An SHO could make the difference between keeping your job, meeting essential family responsibilities and being unable to carry out the driving you genuinely need to do.
Sibley Lawyers can assess your circumstances, advise you about the special hardship order process and assist with preparing and presenting your application where you engage us to act.
Is a Special Hardship Order Your Only Option?
Losing your driver’s licence can feel like a life sentence, especially when driving is essential to your work, family and daily life.
In Queensland, a special hardship order can provide a way to legally continue driving under restricted conditions after a qualifying licence suspension starts. But how do you know whether an SHO is the right option for you?
An SHO is not guaranteed, and it is not available for every type of licence suspension. It is a legal pathway with strict eligibility, filing and evidence requirements.
Understanding why your licence was suspended, your traffic history and the hardship you would suffer is essential before making an application. We can assess your circumstances and explain the options that may be available.
If any of the situations below apply to you, seek legal advice promptly. A special hardship order application must generally be lodged within 21 days after the qualifying suspension starts.
At Sibley Lawyers, we assist with SHO applications and can advise you about the eligibility requirements, supporting evidence and Magistrates Court process.
Here are some situations where a Special Hardship Order might be essential:
Your Job Depends On It
You’re in a role where driving is non-negotiable, and losing your licence would mean you would suffer extreme financial hardship within the meaning of the Regulation.
Family Responsibilities
You would suffer severe and unusual hardship which generally involves something more than simply needing a licence for basic needs.
No Alternatives
Public transportation is not a viable option due to your location, work schedule, or family commitments.
Your licence
Your licence is being suspended due to the accumulation of demerit points whilst on a good behaviour licence, or high range speeding.
The Power of Experience, The Strength of Advocacy
Sibley Lawyers redefines what it means to be a law firm. We are a team of dedicated professionals with a shared passion for justice and a commitment to providing strong legal representation to our clients.
We understand how stressful a legal challenge can be. That is why we strive to create a supportive environment where you feel heard, informed and able to make decisions with confidence.
Our team comprises experienced lawyers, including former barristers, with a detailed understanding of the Queensland legal system.
We believe in building strong partnerships with our clients, guiding them through each stage with clear advice, support and careful attention to detail.
Choosing Sibley Lawyers, expert criminal defence lawyers, means more than hiring a lawyer. It means gaining a legal team that will stand beside you throughout the application process.
Securing Your Right to Drive: The SHO Application Process
Applying for a Special Hardship Order is not straightforward. It involves legal procedures, specific criteria, and presenting a compelling case to the court. This requires in-depth knowledge of traffic law, persuasive advocacy, and meticulous attention to detail. At Sibley Lawyers, we have the expertise and experience to guide you through every step of this challenging process.
Here’s how we can help you secure your driving privileges:
Comprehensive Case Assessment
We'll thoroughly analyse your situation, identify potential roadblocks, and develop a tailored legal strategy to maximise your chances of success.
Meticulous Application Preparation
We'll gather all necessary evidence, prepare a persuasive application that addresses the court's requirements, and ensure all documentation is accurate and complete.
Confident Court Representation
Our skilled advocates will represent you in court, presenting your case with clarity and conviction to achieve the best possible outcome.
Who Is Eligible for a Special Hardship Order?
A special hardship order allows an eligible person with a suspended Queensland provisional or open licence to continue driving under strict court-ordered conditions. It is sometimes searched for as a special hardship licence, although special hardship order is the formal legal term in Queensland.
You may be eligible to apply if your licence was suspended because you:
- accumulated two or more demerit points during a good driving behaviour period; or
- committed a high-speed offence by driving more than 40 km/h over the speed limit.
You cannot apply using:
- a Queensland learner licence; or
- a driver licence issued outside Queensland.
You may also be ineligible if, during the five years before the qualifying suspension:
- your Queensland driver licence was suspended or cancelled;
- you were disqualified from holding or obtaining a Queensland driver licence;
- your authority to drive in Queensland under a non-Queensland licence was suspended;
- you were made ineligible to apply for a Queensland licence because of excessive demerit points or a high-speed offence committed while unlicensed; or
- you were convicted of dangerous operation of a vehicle.
Exceptions apply to some types of suspension. We can review your circumstances and traffic history and explain whether an exclusion or exception may affect your eligibility.
The application must generally be lodged with the Magistrates Court within 21 days after the qualifying suspension starts.
What You Must Prove to the Court
To grant a special hardship order, the magistrate must be satisfied that:
- you are a fit and proper person to hold a special hardship order, having regard to your traffic history and other relevant circumstances; and
- refusing the order would cause extreme hardship to you or your family by depriving you of your means of earning a living; or
- refusing the order would cause severe and unusual hardship in another way.
You may rely on one or both forms of hardship.
Your evidence must clearly explain the hardship you would suffer and why reasonable alternatives are not available.
If you rely on employment-related hardship, evidence from your employer may be important. If you rely on medical, caregiving or family hardship, relevant documents and evidence from another person may also be required.
The evidence needed will depend on your circumstances and the type of hardship relied on.
Conditions the Magistrate Can Impose
A special hardship order does not give you unrestricted driving privileges.
The court may specify:
- the purposes for which you may drive;
- the classes of vehicle you may drive;
- the days, times or periods during which you may drive;
- where you may drive;
- the journeys you may make;
- whether you may carry passengers; and
- other conditions the magistrate considers appropriate.
You must carry a copy of the special hardship order while driving.
Depending on your circumstances, your driving may be limited to specified work, medical, caregiving or other approved purposes.
A zero-demerit-point limit applies while the special hardship order is in force.
What Happens if You Breach the Order
You must comply with every restriction and condition included in your special hardship order.
Driving outside the terms of the order may result in a fine and a further court-ordered period of licence disqualification.
If you accumulate any demerit points while the order is in force, your licence will be suspended for double the period of the order.
Complying with every condition is essential.
The sooner you act, the better your chances
Don't Risk Your Livelihood or Well-being
Losing your licence can have a devastating impact on your life. It can affect your income, your ability to support your family, and your overall quality of life. Don’t leave your future to chance. Let our experienced team guide you through the Special Hardship Order process. We’ll work tirelessly to protect your driving privileges and help you get back on the road.
Our Special Hardship Order Services
We understand that a driving offence can have far-reaching consequences. Losing your licence can disrupt your livelihood, family life, and personal freedom. Our specialised Special Hardship Order services are designed to address the unique challenges you face and provide expert legal support when you need it most.
Preparing a Strong SHO Case for Workers
If your employment relies heavily on driving, losing your licence can jeopardise your income and career. We specialise in crafting compelling SHO applications for essential workers, highlighting the critical nature of your driving duties and the potential hardship a licence suspension would cause. We’ll gather detailed evidence of your work responsibilities, employer support, and the lack of viable alternative transportation options to build a strong case for your continued driving privileges.
Securing SHOs for Critical Family Needs
We understand that driving is often essential for fulfilling family responsibilities, such as transporting children to medical appointments, caring for elderly parents, or attending medical appointments. Our team will work closely with you to demonstrate the severe and unusual hardship a licence suspension would impose on your family. We’ll present evidence of your caregiving duties, the specific needs of your dependents, and the lack of feasible alternative transportation to support your SHO application.
Navigating Complex DUI Cases and SHO Applications
If you’re facing an offence of driving over the alcohol level, with a relevant drug present or DUI, the consequences can be severe, including licence disqualification. We have extensive experience in handling DUI cases and can provide expert legal representation throughout the process. We’ll guide you through the court proceedings, advise you on your rights and options, and explore the possibility of securing a Work Licence to mitigate the impact on your driving privileges.
Challenging Unfair Demerit Point Suspensions
Accumulating demerit points can lead to licence suspension, even for minor traffic offences. We can help you challenge unfair demerit point allocations and explore legal avenues to protect your licence. If a suspension is unavoidable, we’ll guide you through the SHO application process, emphasising the impact on your daily life and the lack of suitable alternative transportation.
Taking the Right Steps to Protect Your Driving Privileges
What To Do If You Need a Special Hardship Order
Facing the possibility of losing your driver’s licence can be incredibly stressful. Knowing what steps to take can make a significant difference when applying for a special hardship order and protecting your ability to drive.
Contact Sibley Lawyers as soon as possible to arrange a consultation and discuss your circumstances. A special hardship order application must generally be lodged within 21 days after the qualifying suspension starts, so it is important to obtain advice promptly.
We can assess your circumstances, advise you about the special hardship order process and explain the evidence that may be needed to support your application.
Depending on the hardship relied on, the supporting material may include your notice of suspension, traffic history, employment information, financial documents, medical evidence and information about your family responsibilities and available transport alternatives.
Be prepared to provide a detailed and honest account of the circumstances leading to the suspension. This allows us to identify potential eligibility issues and advise you about the application.
Step 1: Check your eligibility
We can assess the reason for your suspension, your licence type, your traffic history and the applicable 21-day filing period. We can also advise you about whether a five-year exclusion or statutory exception may affect your eligibility.
Step 2: Prepare the application and evidence
Where you engage us to act, we can assist with preparing the special hardship order application, your affidavit and any supporting material required for your circumstances.
Your evidence should explain why you need to drive, the hardship you or your family would suffer, the driving you are asking the court to permit, your proposed days, times, routes and vehicle classes, and why other transport options are not reasonably available. The court will determine the conditions of any order that is granted.
Step 3: File and serve the application
The application must be lodged with the Magistrates Court in the district where you live.
Once the application and supporting affidavit have been accepted and stamped by the court, copies must be provided to the Department of Transport and Main Roads within the required timeframe before the hearing. You should not drive unless you have confirmed that you are legally permitted to do so.
Step 4: Attend the court hearing
At the hearing, you may be required to give evidence and may be cross-examined about the information in your affidavit.
Other witnesses, such as an employer or family member, may also be required to give evidence, depending on the application. Where you engage us to represent you, we can present your application and supporting evidence to the court and make submissions on your behalf.
Step 5: Comply with the order
If the special hardship order is granted, you must complete any licensing requirements and comply with every restriction for the full order period. You must carry a copy of the order while driving.
If the application is refused, your licence suspension resumes for the remaining suspension period.
Taking proactive steps early on can significantly increase your chances of a successful SHO application. Don't wait until your licence is suspended to seek help. Contact Sibley Lawyers today to discuss your situation and explore your legal options. We're here to guide you through the process, protect your rights, and help keep you driving.
Special Hardship Order vs Work Licence
If your licence is affected by an eligible drink or drug driving offence, a work licence may be the relevant application rather than a special hardship order.
| Special Hardship Order | Work Licence | |
|---|---|---|
| When it applies | A qualifying demerit-point or high-speed suspension | An eligible drink or drug driving disqualification |
| Licence type | Queensland provisional or open licence | Generally a Queensland open licence, subject to eligibility requirements |
| Purpose | Approved work, medical, caregiving or other hardship-related driving | Driving directly connected with earning a living |
| Application timing | Generally within 21 days after the qualifying suspension starts | During the court proceeding for the drink or drug driving offence |
| Demerit limit while in force | Zero demerit points | Conditions are set by the court and relevant licensing laws |
For advice about other traffic charges and licence consequences, see our traffic law services.
Frequently Asked Questions
Am I Eligible for a Special Hardship Order?
You may be eligible for a special hardship order if your Queensland provisional or open licence was suspended because you accumulated two or more demerit points during a good driving behaviour period or committed a high-speed offence by driving more than 40 km/h over the speed limit.
Eligibility also depends on your licence type, traffic history and whether any statutory exclusion applies.
You cannot apply using a learner licence or a licence issued outside Queensland. Certain suspensions, cancellations, disqualifications and dangerous-operation convictions during the preceding five years may also make you ineligible, although exceptions apply in some circumstances.
What Do I Have to Prove to the Court?
To obtain a special hardship order, you must satisfy the court that you are a fit and proper person to continue driving and that refusing the order would cause the required level of hardship.
The hardship must involve extreme hardship to you or your family by depriving you of your means of earning a living, severe and unusual hardship in another way, or both.
Your affidavit and supporting evidence should clearly explain the hardship you rely on and why reasonable alternatives are not available.
What Conditions Can the Magistrate Put on My Licence?
The magistrate can restrict the purposes, vehicle classes, days, times and journeys for which you are permitted to drive under a special hardship order.
The court may also restrict where you can drive, whether you can carry passengers and any other matter it considers appropriate.
You must carry a copy of the order while driving and comply with every condition imposed.
What Happens if I Breach My Special Hardship Order?
If you breach a condition of your special hardship order, you may face a fine and a further period of court-ordered licence disqualification.
If you accumulate any demerit points while the order is in force, your licence will be suspended for double the order period.
The precise consequences will depend on whether you breached a court-imposed driving restriction or accumulated further demerit points.
Can I Appeal if My Application Is Refused?
If your special hardship order application is refused, your licence suspension resumes for the remaining suspension period.
Because the application must satisfy strict eligibility, evidence and filing requirements, it is important to provide complete and properly supported material to the court.
We can advise you about the application requirements and the consequences that may apply if the order is not granted.
How Much Does a Special Hardship Order Application Cost?
The cost of a special hardship order application depends on the work required, the complexity of the evidence and whether additional affidavits or supporting documents are needed.
We offer a free initial consultation and can explain the likely professional fees before you decide whether to engage us.
A separate Magistrates Court filing fee may also apply when the application is lodged.
These FAQs are general information only and do not constitute legal advice. The law is complex and fact-specific. You should seek independent legal advice for your particular situation.
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Losing your licence can feel like losing your freedom
We’re here to fight for you. We have the experience, the expertise, and the dedication to help you secure an SHO and get back on the road. Don’t wait until it’s too late. Contact Sibley Lawyers today for a confidential consultation. Your future depends on it.
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