Work Licence Applications in Queensland — Who Is Eligible and How It Works
Drink Driving — 2026-06-25 — by Sacha Sarah Smith, Civic Law
A work licence lets you keep driving for work after a drink or drug driving conviction — but not everyone qualifies. Eligibility rules, the two court tests, and what your application needs.
A drink driving charge in Queensland almost always means a period of licence disqualification. For anyone whose income depends on driving — tradies, sales reps, FIFO workers, sole operators — that disqualification can mean losing their job.
Section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld) provides for a restricted licence — commonly called a work licence — that allows driving for work purposes during the disqualification period. It does not restore a full licence. It authorises driving to and from work, and during work hours, under conditions set by the Magistrates Court.
The eligibility criteria are strict and the court has no discretion to waive them. Our work licence eligibility tool gives an immediate indication of whether an application is available.
Which Charges Qualify
You may be eligible to apply for a work licence if you are charged with:
General alcohol limit offence (BAC 0.050 to 0.099) — charged under section 79(2) of the TORUM Act
Middle alcohol limit offence (BAC 0.100 to 0.149) — charged under section 79(1F)
Relevant drug present — charged under section 79(2AA), where a relevant drug was detected in saliva or blood but the charge is not driving under the influence
Failing to provide a specimen at the roadside — this is distinct from failing to provide at the police station, which carries different consequences
Who Cannot Apply
These exclusions are absolute. If any one applies, a work licence cannot be granted — the court has no discretion to override them.
BAC 0.150 or above. A reading of 0.150 or above triggers the conclusive presumption under section 79(3) — you are deemed to have been driving under the influence. The charge is laid under section 79(1), and section 87(5)(da) bars work licence applications for all section 79(1) convictions. A work licence is not available for this charge.
Driving under the influence of a drug. If the charge is DUI-drug under section 79(1), a work licence is not available. This is distinct from driving with a relevant drug present under section 79(2AA), which does retain eligibility. The distinction turns on what the police allege about the effect the drug had on your driving.
Prior conviction within five years. A drink driving, drug driving, or failure-to-provide-specimen conviction within the five years before the current conviction excludes the application. The five-year period is measured backwards from the date of the current conviction — section 87(5)(c). A conviction for dangerous operation of a motor vehicle under section 328A of the Criminal Code 1899 (Qld) within five years also bars the application.
Learner, provisional, or probationary licence. You must hold a current Queensland open licence at the time of the offence. These licence classes carry a zero BAC requirement and are not eligible.
Excluded vehicles. You cannot apply if you were driving a truck, tractor, specially constructed vehicle, bus, articulated motor vehicle, B-double, road train, taxi, limousine, tow truck, pilot or escort vehicle escorting an oversize vehicle, a vehicle carrying a placard load of dangerous goods, or a vehicle being used by a driver trainer to give driver training.
Already on a restricted licence, driving for work, wrong licence class, or prior suspension. You are excluded if you were already on a restricted licence or driving in the course of your employment when the offence occurred, if you did not hold the correct licence for the vehicle, or if your licence had been suspended, cancelled, or disqualified within the five years before the application.
The Two Tests the Court Applies
Meeting the eligibility criteria does not guarantee a work licence. The court applies two separate tests, and the applicant carries the burden of proof on both.
Fit and proper person. The court must be satisfied that you are a fit and proper person to hold a restricted licence, having regard to the safety of other road users. Your driving history is the starting point — the nature of the offence, your traffic record, and any prior incidents. Evidence of steps taken since the offence, such as completing a drink driving education program, supports your case on this test.
Extreme hardship. The court must be satisfied that refusing the application would cause extreme hardship to you or your family by depriving you of a means of earning a living. The threshold is high. The court requires specific, corroborated evidence — what your job requires, why you cannot do it without driving, why alternative transport is not available, and what the financial consequences are for you and your dependants. If you do not drive as part of your work but need your licence to get to and from work — because there is no public transport and no one can drive you — that can still satisfy the test. The question is whether losing your licence deprives you of your income.
What Documents the Court Requires
A work licence application is decided on the evidence placed before the court. The required material includes:
The formal application — the prescribed court form under section 87
Your affidavit — a sworn statement setting out your employment, your need to drive, your financial circumstances, your family situation, and why the disqualification would cause extreme hardship. This is the centrepiece of the application. A poorly drafted affidavit is the most common reason applications fail
Your employer's affidavit — confirming that your role requires driving, that you will lose your job or income without a licence, and that no alternative role is available. The person who signs this must have authority to speak to your employment — a direct manager or senior representative, not a co-worker
Your traffic history — obtained from the Department of Transport and Main Roads
Your criminal history (if applicable) — relevant to the fit and proper person test
For self-employed applicants, the employer affidavit is replaced by additional evidence in your own affidavit, supported by business records, client contracts, or other documentation showing your livelihood depends on driving.
How the Application Works
A work licence application is made at the same hearing as your sentencing — on the day you plead guilty to the drink driving charge. Section 87(2) of the TORUM Act requires the application to be made at the proceedings in which the conviction is recorded, before the court makes the disqualification order. It cannot be applied for later.
First mention. You appear in the Magistrates Court on your initial date. You indicate you intend to plead guilty and apply for a work licence. The matter is adjourned to allow preparation
Preparation. Between the first mention and the hearing, affidavits are drafted, employer evidence is coordinated, traffic and criminal histories are obtained, and eligibility is confirmed
Filing. Application materials are filed with the court and served on the police prosecutor before the hearing
Hearing. You plead guilty. The Magistrate sentences you — typically a fine and disqualification. Immediately after sentencing, the Magistrate hears the work licence application
If granted. The Magistrate makes an order specifying the conditions. You take the court order to a Department of Transport and Main Roads Customer Service Centre, where the restricted licence is issued
What If Your Licence Is Suspended Immediately
A work licence only starts at sentencing. But for some charges, your licence is taken from you at the roadside — the moment you are charged. You cannot drive at all until your court date, and that can be weeks or months away.
Immediate suspension happens if you are charged with driving under the influence (section 79(1)), mid-range drink driving (section 79(1F)), or failing to provide a specimen. If you are charged with low-range drink driving (section 79(2)), your licence is not suspended immediately — you can continue driving until the court deals with the matter.
If your licence has been immediately suspended, you can apply to the Magistrates Court under section 79E for permission to keep driving while you wait for your court date. The court applies the same two tests — fit and proper person, and severe hardship. If granted, you collect a replacement licence from Transport and Main Roads and you can drive until sentencing. This is a separate application from the work licence — it covers the gap between being charged and going to court.
Section 79E — before court. Gets you back on the road between being charged and your court date. You need to apply as soon as possible after being charged
Section 87 — at sentencing. Gets you a restricted work licence for the disqualification period the court imposes when you are sentenced
For most people charged with mid-range drink driving who need to drive for work, the path is: apply for a section 79E order straight away to cover the period between charge and court, then apply for a section 87 work licence at sentencing to cover the disqualification period. Sacha coordinates both applications as part of the matter.
Conditions and the Trade-Off
The Magistrate sets the conditions of the work licence, which typically include:
Driving to and from your place of employment
Driving during your employment duties
Driving only during specified hours
Driving only a specified class of vehicle
Carrying the work licence at all times while driving
The conditions must be directly connected with your means of earning a living — section 87(4)(a). For mid-range drink driving convictions under section 79(1F), the restricted licence is subject to a mandatory alcohol interlock condition under section 91K of the TORUM Act. An interlock device is fitted to the vehicle and requires a breath sample before the engine will start.
Driving outside your work licence conditions is treated as driving while disqualified — a separate criminal charge. And the work licence comes with a trade-off: the disqualification period may be up to twice the standard length. You keep driving for work, but the overall period before your full licence is restored is extended.
Why Applications Fail
Work licence applications fail most often because the supporting material is inadequate, not because the applicant was ineligible. The most common problems:
Vague affidavits. "I need my licence for work" is not evidence. The court needs specifics — what your job involves, where you drive, how often, and why you cannot do it without driving
Weak employer evidence. A one-line letter is not enough. The employer's affidavit must address why the role requires a licence, what happens to your employment without one, and whether any alternative arrangements exist
Not addressing alternative transport. The court will consider whether you could get to work by other means — public transport, carpooling, relocation. If your material does not address this, the court may infer alternatives exist
Leaving it too late. The application must be ready at sentencing. Preparation needs to start as soon as you are charged
Sacha prepares every work licence application as if it will be contested — a properly drafted affidavit, employer evidence that addresses what the court needs to see, and submissions that go directly to the statutory criteria. Eligibility is assessed at the first consultation. If you do not qualify, she will tell you immediately.
If You Are Not Eligible
If a work licence is not available — because your BAC was 0.150 or above, you have a prior conviction, or another exclusion applies — there is no alternative restricted licence for drink driving disqualifications. The disqualification runs its course. What you can do is focus on minimising the disqualification period itself. A well-prepared plea can make a significant difference to the length of disqualification the court imposes. If you are facing a second or third offence , the penalties are substantially more serious.
If you have been charged with drink driving and need to keep driving for work, the first step is confirming eligibility. Our work licence eligibility tool takes about two minutes and gives you an immediate indication of whether an application is available.
Work Licence Application — Fixed Fee
Drink Driving Plea — Fixed Fee