Special Hardship Order — Fixed Fee
$1,900 — Fixed Fee
Special Hardship Order application — Cairns Magistrates Court — $1,900 fixed. Covers : review of your suspension notice and driving history, advice on eligibility, preparation of the application and supporting material, and full representation at the hearing. No hidden fees. One invoice. All fees +10% GST.
What Is Included
Eligibility assessment. Confirming whether your suspension was triggered by a good driving behaviour period breach (s 266(5)) or an excessive speeding event of 40 km/h or more (s 285(5)) — the only two circumstances that qualify for a Special Hardship Order under Chapter 10 of the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 (Qld). Review of your driving history. Whether any prior suspension, cancellation, or disqualification within the preceding 5 years bars your application. Preparation of the application. All required documentation, supporting evidence of hardship, and the grounds for the order. Representation at the Magistrates Court hearing. Sacha will appear and present your application — there is no appeal if the application fails, so preparation is the only opportunity. What a Special Hardship Order Does A Special Hardship Order allows a suspended driver to continue driving for strictly limited purposes during the suspension period. It does not restore your licence or remove the suspension — it permits driving to and from work, for work purposes if driving is essential to your employment, and to access medical treatment or escort a dependant to medical treatment, when no other reasonable way of getting there exists. The order is available to drivers whose licence has been suspended by Transport and Main Roads — not by a court. This distinction matters. A Special Hardship Order is not available for licence disqualifications imposed by a court on conviction — including drink driving, drug driving, or dangerous operation convictions. Those have entirely separate processes (see work licences ). No Filing Deadline — But Act Promptly There is no statutory deadline for filing a Special Hardship Order application. Section 312 of the Regulation contains no time limit — the application can be made at any time during the suspension period. However, there is no benefit in waiting. From the moment Transport and Main Roads receives the filed application, your suspension is stayed — you can drive — until the day before the hearing. There is also no appeal from a Special Hardship Order decision. The Magistrate's decision at the hearing is final. That means the hearing is the one opportunity to put your case, and preparation is everything. In Cairns and across Far North Queensland, hardship arguments are particularly strong. Private vehicles account for the overwhelming majority of trips in Cairns, the bus network is limited, and in many parts of Far North Queensland there is effectively no public transport at all. For most people here, losing a licence means losing their job or their ability to access medical care. Sacha builds that case specifically for your circumstances — not generically.
Who Is Eligible
You may be eligible for a Special Hardship Order if: Your licence was suspended because you accumulated 2 or more demerit points during a good driving behaviour period (s 266(5)); or Your licence was suspended because you were detected travelling 40 km/h or more over the speed limit (s 285(5)). You are not eligible if, within the 5 years before the current suspension, you have had a licence suspension, cancellation, or disqualification — with limited exceptions. Those exceptions include suspensions arising from unpaid fines through the State Penalties Enforcement Registry, immediate drink driving suspensions issued at the roadside, 24-hour police suspensions, and suspensions for medical or physical incapacity. A prior court-imposed disqualification within 5 years, however, will bar the application entirely. The eligibility assessment is the first thing Sacha confirms before any application is prepared. What Hardship Must Be Shown The court must be satisfied that the suspension will cause either extreme hardship to your livelihood or severe and unusual hardship to you or your family. In practice, the strongest grounds are: Loss of employment where driving is essential to the role and there is no alternative transport to the workplace Work that requires driving as part of the job itself — trades, deliveries, site visits, care work Access to medical treatment for yourself or a dependant where no other reasonable means of transport exists Caring responsibilities that cannot be discharged without a vehicle — school runs, medical appointments, dependant care The application is supported by evidence — employment records, letters from employers, medical evidence, evidence of transport alternatives (or the lack of them). Sacha will advise on what evidence is needed for your specific circumstances and prepare the application around that material. What Changes the Outcome The trigger for the suspension. Only good driving behaviour period breaches and 40+ km/h speeding suspensions qualify. Suspensions triggered by anything else do not. Prior history within 5 years. A prior suspension, cancellation, or disqualification within 5 years bars the application — subject to the carve-outs. This is confirmed at the first consultation. The strength of the hardship evidence. The Magistrate must be satisfied of extreme hardship or severe and unusual hardship. Vague assertions of inconvenience do not meet that standard. Specific evidence — from your employer, your doctor, your carer — is what the application is built on. The permitted driving scope. Even a successful application only allows driving for the specified purposes — work, medical, essential care. The order must be framed around your actual needs, and Sacha ensures it covers what you need it to cover.
FREQUENTLY ASKED QUESTIONS
Is a Special Hardship Order the same as a Work Licence? No. A Work Licence is available after a drink driving conviction where a court has imposed a disqualification — it allows driving for work purposes during that disqualification. A Special Hardship Order applies to licence suspensions imposed by Transport and Main Roads (not a court) for demerit point breaches and excessive speeding. They are separate provisions under Queensland law and one does not substitute for the other. Can I get a Special Hardship Order after a drink driving or drug driving conviction? No. A Special Hardship Order is not available for court-imposed disqualifications. If your licence was disqualified by a court following a drink driving or drug driving conviction, a Work Licence Application is the relevant process — not an SHO. What happens if I drive outside the permitted purposes under the order? Driving in breach of a Special Hardship Order carries a fine of up to approximately $3,300 and mandatory additional disqualification of 3 months beyond the end of the order period. Is there a filing deadline? No. Section 312 of the Regulation contains no filing deadline. The application can be made at any time during the suspension period. However, the sooner you file, the sooner the stay takes effect — from the moment TMR receives the filed application, your suspension is stayed and you can drive until the day before the hearing. Can the Magistrate's decision be appealed? No. The decision on a Special Hardship Order application is final. There is no appeal to a higher court. This is why preparation and presentation at the hearing are the only opportunity to get the order made. How long does an SHO last? The order lasts for the remainder of your suspension period. Once the suspension expires, your full licence is restored.