Special Hardship Orders Lawyer
Cairns & Far North Queensland
Your licence has been suspended by the Department of Transport and Main Roads and you need to drive. You may need your licence for work, to get your children to school, or to attend medical appointments — and public transport in Cairns and Far North Queensland is not a realistic alternative. A special hardship order under Chapter 10 of the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 (Qld) allows the court to grant a restricted licence during a period of administrative suspension. It does not give you your full licence back — it allows you to drive for specific, approved purposes during specific hours. Special hardship orders are for demerit point suspensions and speeding suspensions (40 km/h or more over the limit) — not drink driving. If you have been charged with drink driving, you may be looking for a work licence instead. Not everyone is eligible. Sacha will tell you at the first consultation whether an application is available in your circumstances.
What Is a Special Hardship Order?
A special hardship order is a court order that permits a person whose licence has been suspended by TMR to drive for limited purposes during the suspension period. The order specifies: The purposes for which you may drive — typically employment, education, medical appointments, or essential family responsibilities The hours and days during which you may drive The area or route you may drive Any conditions, such as carrying the order while driving The order does not remove the suspension — it creates a limited exception. If you drive outside the terms of the order, you commit a serious offence with its own penalties.
Who Is Eligible
Special hardship orders are only available for two types of TMR-imposed administrative suspension — not court-imposed disqualifications: The two qualifying triggers: Good driving behaviour breach — your licence was suspended under section 266(5) of the Regulation because you accumulated demerit points during a good driving behaviour period Speeding 40 km/h or more over the limit — your licence was suspended under section 285(5) of the Regulation for a single speeding offence of 40 km/h or more over the posted limit These are the only two "relevant provisions" under section 308 of the Regulation. No other type of suspension or disqualification qualifies. You are not eligible if: Your licence was disqualified for a drink driving offence — that is a work licence under s 87 TORUM, not an SHO Your licence was disqualified for dangerous operation , driving while disqualified , or any other court-imposed disqualification You have had a special hardship order refused or revoked within the preceding 5 years Your licence has been suspended, cancelled, or disqualified for another reason within the preceding 5 years (subject to exceptions) The hardship test: Even if you meet the eligibility criteria, the court must be satisfied on one of two grounds: Extreme hardship — the suspension would cause extreme hardship in earning a livelihood, or Severe and unusual hardship — the suspension would cause severe and unusual hardship to you or your family (for example, medical access or carer responsibilities) The eligibility criteria are specific and the exclusions are strict. Sacha works through the eligibility assessment before any application is made — because filing an application that is doomed to fail wastes time and money.
What the Court Needs to See
A special hardship order is not granted automatically — even if you are eligible. The court must be satisfied that the suspension is causing, or will cause, either extreme hardship to your livelihood or severe and unusual hardship to you or your family. These are defined concepts. Inconvenience is not enough. The court needs evidence that without the ability to drive, you face a genuine risk to your employment, your ability to care for dependants, or your access to essential services — and that no reasonable alternative exists. The application requires: A supporting affidavit — setting out the hardship in specific, factual terms. General statements about needing your licence are not sufficient. The court wants to know exactly what you cannot do without it, what alternatives you have explored, and why they are not adequate. Employment evidence — a letter from your employer confirming your role, your hours, and the requirement to drive. If you are self-employed, evidence of your business and the necessity of driving. Evidence of alternatives — what public transport, ride-sharing, or other arrangements are available and why they do not meet your needs. In Cairns and regional North Queensland, this is often straightforward — public transport options are limited. Traffic history — the court reviews your driving record. A clean record strengthens the application. A history of driving offences makes it harder. Sacha prepares the affidavit, coordinates the supporting evidence, and presents the application to the Magistrate.
Frequently Asked Questions
Can I get a restricted licence for work?
If you are eligible for a special hardship order and can demonstrate that the suspension is causing extreme hardship to your livelihood, yes — a restricted licence for work purposes is the most common type of order granted. The order will specify the hours, days, and area you may drive for work.
How long does the application take?
A special hardship order application is typically heard within a few weeks of filing. There is no filing deadline — the application can be made at any time during the suspension period. The timeline depends on the court's availability and whether all supporting evidence is ready.
What if I am not eligible?
If your suspension does not fall under one of the two qualifying triggers (good behaviour breach or 40 km/h+ speeding), a special hardship order is not available. If you have been charged with drink driving, you may be eligible for a work licence instead — a different application under different legislation. Sacha will tell you at the first consultation which option applies.
What happens if I drive outside the terms of the order?
Driving outside the terms of a special hardship order is treated as driving while disqualified — a serious offence with its own penalties, including further disqualification and a possible term of imprisonment. The special hardship order may also be revoked.
Can I apply if I lost my licence on demerit points?
Yes — demerit point suspension (specifically, a breach of a good driving behaviour period under s 266(5) of the Regulation) is one of the two qualifying triggers for a special hardship order. You must demonstrate extreme hardship to your livelihood or severe and unusual hardship.
Is there a deadline to apply?
No. There is no filing deadline for a special hardship order application. Section 312 of the Regulation contains no time limit. The application may be made at any time during the suspension period. That said, the sooner you apply, the sooner the court can consider it — there is no benefit in waiting.
What is the difference between an SHO and a work licence?
They are different orders under different legislation. A special hardship order is for TMR-imposed administrative suspensions (demerit points or speeding). A work licence is for court-imposed disqualifications after a drink or drug driving conviction. If you have been charged with drink driving, you need a work licence , not an SHO.