Probationary and restricted licences

Probationary licences

If you were disqualified from holding or obtaining a driver licence by a court and you have now served the period of disqualification, you can be issued with a probationary licence.

If you held a P1 or P2 licence before you were disqualified, you will get a P1 or P2 probationary licence which you will be required to hold for at least 1 year. You must continue to comply with the conditions applicable to your P1 or P2 licence, including displaying P plates on your vehicle while driving.

If you held an open licence before you were disqualified, you will get a P probationary licence which you will be required to hold for at least 1 year.

Conditions for probationary licence holders

You must:

• hold the probationary licence for at least 1 year
• carry your licence at all times when driving
• have a zero blood alcohol concentration when driving.

If at the time you committed the offence that resulted in the disqualification you were under 25, you will also be subject to a late night driving restriction. This restriction prohibits you from driving between the hours of 11pm and 5am for at least 1 year, beginning the day you are granted a probationary licence after you have served the disqualification period.

You may:

• drive any class of vehicle shown on your licence
• learn to drive a higher class as long as you are directed by someone who holds an open licence for that class vehicle and has held that licence for at least one year.

Restricted licences

If you are convicted of a drink or drug driving offence, and you are an eligible person, you may apply to the court that convicts you for an order directing that you be issued with a restricted licence (commonly known as a 'work' licence).

You will need to complete the Application for an Order directing the issue of a Restricted Licence (s87) (Form F3181) before the court hearing and give the application to the Magistrate immediately after you have been found guilty and before the Magistrate disqualifies you from holding or obtaining a driver licence.

The Application for an Order directing the issue of a Restricted Licence (s87) (Form F3181) can be obtained by visiting your nearest Department of Transport and Main Roads customer service centre, Queensland Government licence issuing office or a Magistrates Court.

Eligibility to apply for a restricted licence

To be eligible for a restricted licence you must be able to demonstrate to the court that you:

• are a fit and proper person to continue to drive under the authority of a restricted licence, having regard to the safety of other road users and the public generally

and

• need a driver licence to earn your living, and refusal to make an order for a restricted licence would cause you or your family extreme hardship.

Additional information for drink drivers

If a court grants you a restricted licence you may also need to complete a short online drink driving course. If you are convicted of a middle alcohol limit drink driving offence and are granted a restricted licence you will also need to participate in the Alcohol Ignition Interlock Program.

Ineligibility

You are not eligible to apply for a restricted licence if:

• you did not hold a valid open licence at the time you committed, and were convicted of, the offence
• you were driving a motor vehicle that you were not authorised to drive under your open licence at the time you committed the offence
• at the time of the offence you were learning to drive the next higher class of licence under the authority of your Queensland open licence
• when tested, your blood or breath alcohol concentration was 0.15 or greater
• when you committed the offence you were using the vehicle in an activity directly connected with your means of earning a living
• at the time of the offence, 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
• in the past 5 years, your provisional or open licence has been suspended or cancelled, or you have been disqualified from holding or obtaining a Queensland driver licence for a reason other than those outlined below
• you have been convicted of drink or drug driving or dangerous driving in the past 5 years

Note: Your eligibility to apply for a restricted licence is not affected by a suspension, cancellation or disqualification:

• that was set aside on appeal
• imposed because of a mental or physical disability
• in relation to which a special hardship order was granted
• imposed because you did not pay a fine
• that was a 24 hour suspension because of a drink or drug driving related matter
• imposed because you failed to appear in court to answer a charge of drink or drug driving
• that was immediately suspended because of a mid range alcohol offence.

Conditions for restricted licence holders

If a court grants an application for a restricted licence, you will be issued with an order directing that a restricted licence be issued to you during the period of your disqualification subject to conditions specified in the order.

The order will restrict you to specified circumstances directly connected with your means of earning your livelihood and may include the class of vehicle, the purpose and the times at which or period of time during which a vehicle may be driven.

You may also be required to hold a probationary licence for a further period of time before being eligible for an open licence.

If you are granted a restricted licence, you must:

• carry your licence and court order when driving and promptly show it to a police officer when required
• comply with the conditions (including class of vehicle) specified on the court order when driving
• have a zero blood alcohol concentration when driving.