Restricted Licence in Queensland
A restricted licence in Queensland may be issued to holders of open, provisional or
probationary driver’s licences who have been disqualified from driving as a result
of certain traffic offences, to allow them to drive for work purposes so that they do
not suffer financial hardship.
The rules and processes for obtaining a restricted licence in Queensland are found in the Transport
Operations (Road Use Management) Act 1995 and the Transport Operations (Road Use Management
– Driver Licensing) Regulation 2010.
A restricted licence allows you to continue driving even though you have lost your licence,
whether it has been suspended, or you have been disqualified from driving.
It is, though, heavily restricted.
You may be restricted in: • the times of day you may drive
• the type of vehicle you may drive • the reasons for which you may drive, and
• who you may carry as a passenger in the vehicle.
You may also be required to: • complete a log book, and
• wear a work uniform whenever you drive.
For the period you are on a restricted licence in Queensland, you must not drive for any
purpose other than in relation to ‘an activity directly connected with your means of earning
a living’.
This means you cannot, for example, drive while running personal errands, for taking
your children to and from school, for going to a doctor’s appointment, or when going
out for lunch, even on a work day.
You may apply for a restricted licence only if you have been disqualified from driving
as a result of a conviction for certain offences.
You must have pleaded guilty to the offence or your application will be rejected.
The relevant offences are found in sections 79 and 80 of the Act.
One such offence is driving or riding, attempting to put in motion, or being in charge of, a
vehicle or motorcycle: • while under the influence of alcohol or
another drug, • while you have a relevant drug in your
blood or saliva, or • while you are over the no alcohol limit
if you hold a licence other than an open licence, or you are an unlicensed or interlock driver.
Another relevant offence is riding, attempting to put in motion, or being in charge of a
motorcycle while on a class RE licence, if you are over the no alcohol limit, and:
• you have not held your licence for at least 1 year in the previous 5 years, or
• the motorcycle is a class R motorcycle.
A third offence relates to failing to provide a breath or saliva specimen to police.
You may be considered ‘under the influence’ if you have alcohol or another intoxicating
drug in your system and you are affected by it.
You will be presumed to be ‘under the influence’ in relation to alcohol if your BAC is 0.15
or greater.
Currently, ‘relevant drug’ means MDMA or ecstasy, cannabis or marijuana, and methylamphetamine
or ICE.
Note, though, that this list could expand at any time.
If you were driving on a learner’s permit at the time you committed the offence, you
will not be eligible to apply for a restricted licence.
For provisional and probationary drivers including young drivers, if you are charged with a drink
driving offence, it is unlikely that you will be granted a restricted licence other than
for low range offences.
The decision whether to grant a restricted licence is entirely up to the Judge or Magistrate.
If your application is granted, the court may order that you are restricted in your
driving for up to double the length of time for which you were originally disqualified
from driving.
Because restricted licences are issued only for short periods, depending on how long the
court order is to last, you may need to have your licence updated from time to time.
Your application for a restricted licence will not be granted if, for example:
• in the 5 years prior to making the application, your provisional or open licence was suspended,
or you were disqualified from driving, though some exceptions apply, or
• in the 5 years prior to making the application, you have been convicted of one of these same
offences anywhere in Australia, or you have been convicted of the dangerous operation
of a vehicle in Queensland.
Your application will also be refused if: • you committed the offence while engaged
in any activity directly related to your means of earning a living,
• you committed the offence while you were driving a vehicle you had no authority to
drive, • you were driving on a learner’s permit,
or • you committed the offence while you were
on a restricted licence.
If you are granted a provisional or P1 restricted licence, use of a mobile phone in a vehicle
is even more restricted than usual.
On a P1 restricted licence, while the car is in motion or stationary but not parked,
such as when you are stopped at traffic lights: • you must not use a mobile phone, and
• your passengers must not use a mobile phone on loudspeaker.
The maximum penalty in both cases is $2,356 or 20 penalty units.
If you are on a restricted P1 or P2 licence, you may also be prevented from:
• driving a high-powered vehicle • driving between 11:00pm and 5:00am, and
• driving at night with more than one passenger under the age of 21 years unless they are
an immediate family member.
It is an offence to breach any of the restrictions set out in the order granting you the licence.
If convicted of a breach: • if it is still valid at the time of your
conviction, your restricted licence will be automatically cancelled,
• you will not be allowed to have any licence for an additional 3 months, and
• you may be fined up to $2,356.
What to do next
If you or someone you know has lost, or is about to lose, their driver licence, it is
important to obtain legal advice quickly.
Go To Court Lawyers operate a Legal Hotline on 1300 636 846 where you can talk directly
to a lawyer 7am - midnight, 7 days/week.
Your call will be treated with the strictest confidentiality and without judgement.
The lawyer will assess your matter and recommend a course of action.
Should you need a lawyer, even if it is at very short notice, the Legal Hotline staff
will be able to arrange legal representation for you.
You can also request a call back via the website gotocourt.com.au and a lawyer will call you
back to assess your matter.