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. The eligibility rules under section 87 of the TORUM Act, the two tests the court applies, and what your application needs.
A <a href="/drink-driving-lawyer-cairns">drink driving</a> 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 <em>Transport Operations (Road Use Management) Act 1995</em> (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 <a href="/work-licence-eligibility">work licence eligibility tool</a> 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:
<strong>General alcohol limit offence</strong> (BAC 0.050 to 0.099) — charged under section 79(2) of the TORUM Act
<strong>Middle alcohol limit offence</strong> (BAC 0.100 to 0.149) — charged under section 79(1F)
<strong>Relevant drug present</strong> — charged under section 79(2AA), where a relevant drug was detected in saliva or blood but the charge is not driving under the influence
<strong>Failing to provide a specimen at the roadside</strong> — 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.
<strong>BAC 0.150 or above.</strong> 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 <strong>not available</strong> for this charge.
<strong>Driving under the influence of a drug.</strong> 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.
<strong>Prior conviction within five years.</strong> 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 <em>Criminal Code 1899</em> (Qld) within five years also bars the application.
<strong>Learner, provisional, or probationary licence.</strong> 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.