A Special Hardship Order (SHO) allows drivers with suspended licences in Queensland to continue driving under specific conditions. This article explains what an SHO is, who is eligible, the application process, and the consequences of breaching the order.
Understanding the intricacies of this order, including how to apply for a special hardship licence in Brisbane, can help individuals navigate the legal framework effectively.
What is a Special Hardship Order?
A Special Hardship Order is a court-issued permit that allows drivers with suspended provisional or open licences to continue driving under restricted conditions. These restrictions typically include the driving purpose, the vehicle class, and the permitted driving times.
Eligibility for a Special Hardship Order
To be eligible for an SHO, the applicant must meet the following criteria:
- Suspended Licence: The licence must be suspended due to either:
- Accumulating two or more demerit points during a good behaviour period.
- Being charged with a high-speed driving offence (exceeding the speed limit by more than 40km/h).
- Licence Type: The applicant must hold a suspended provisional or open licence. Learner licence holders are not eligible.
Additionally, applicants must demonstrate to the court that the suspension would cause:
- Extreme Hardship: This could mean depriving the applicant or their family of their means to earn a living.
- Severe and Unusual Hardship: Such as the necessity to transport a family member to medical appointments.
Who is Not Eligible?
Certain conditions disqualify individuals from applying for an SHO:
- Recent Suspensions or Cancellations: Within the last five years, if the applicant’s Queensland driver’s licence was suspended, cancelled, or if they were disqualified from holding or obtaining one.
- Non-Queensland Licence Issues: If the authority to drive on Queensland roads was previously suspended under a non-Queensland driver’s licence.
- Excessive Demerit Points: Ineligibility due to accumulating excessive demerit points or being convicted of high-speed driving while unlicensed.
- Dangerous Operation Convictions: A conviction for unsafe operation of a vehicle.
However, eligibility is not affected by suspensions due to:
- Failure to appear in court for drink or drug-driving charges.
- Immediate suspensions for alleged drink or drug-driving offences.
- 24-hour suspensions related to drink or drug driving.
- Suspensions are set aside for review by the Department of Transport and Main Roads or the Queensland Civil and Administrative Tribunal.
- Mental or physical incapacity.
- State Penalty Enforcement Registry suspensions.
Application Process for a Special Hardship Order
Steps to Apply
- Obtain the Application Form: Forms are available from the Magistrates Court or the Department of Transport and Main Roads Customer Service Centre.
- Gather Supporting Evidence: Include affidavits, statutory declarations, traffic and criminal histories, and other relevant documents.
- Complete the Application: Fill out the Special Hardship Order application form.
- Lodge the Application: Submit the application and supporting evidence to the Magistrates Court in your district. This must be done within 21 days of the licence suspension.
- Notify the Department of Transport and Main Roads: Provide a court-stamped copy of the application and affidavit to the Department at least 7 days before the court hearing.
Supporting Evidence for Your Hardship Order Application
Supporting evidence for your Hardship Order application could include:
- Affidavits
- Statutory Declarations
- Traffic History
- Criminal History
Many pieces of supporting evidence can be provided to improve the strength of your application. The best supporting documents will differ from case to case, so seeking legal advice is important before starting your application.
Contact legal professionals specialising in Queensland traffic law for detailed advice and assistance.
Affidavit Requirements
An affidavit should include facts supporting the SHO application, such as:
- Driving hours for work.
- The hardship that will be suffered.
- Expenses
- Lack of alternative transportation.
- Necessity to drive a family member with a medical condition.
The affidavit must be signed and witnessed by a Justice of the Peace or Commissioner of Declarations.
Magistrates Court Fees
Applicants must pay a fee when lodging their application with the Magistrates Court. There is no additional fee for lodging forms at a transport and motoring customer service centre.
Granting a Special Hardship Order
The court must be convinced of the following to grant an SHO:
- Valid Licence: The applicant holds a provisional or open licence that would be valid but for the suspension.
- Fit and Proper Person: The applicant is deemed fit and proper to continue driving, considering road safety.
- Hardship Evidence: Refusal to grant the SHO would cause extreme or severe and unusual hardship to the applicant or their family.
If granted, the applicant must obtain a replacement licence with an ‘X3’ condition code indicating the SHO’s restrictions. The SHO lasts for the suspension period stated on the suspension notice.
Breaching a Special Hardship Order
Non-compliance with the SHO conditions can result in:
- A fine exceeding $2700.
- Disqualification from holding or obtaining a licence for three months, effective from the SHO expiration date or the date of conviction.
If the Magistrate Refuses the Application
If the application is denied, the licence suspension is reinstated for the remaining period, less any time already served before applying.
Withdrawing the Application
To withdraw an SHO application:
- Send a letter to the Magistrates Court stating your intention to withdraw.
- The court will confirm the withdrawal and the suspension will resume from the withdrawal date.
- Notify the Department of Transport and Main Roads by email or mail.
Conclusion
Special Hardship Orders (SHOs) offer a lifeline to Queensland drivers whose licences have been suspended due to demerit points or speeding offences. However, obtaining an SHO requires navigating a legal process with strict eligibility criteria and supporting evidence requirements.
Legal advice is crucial to ensure your application is strong and highlights the genuine hardship you would face without driving privileges. Breaching an SHO carries significant penalties, so adhering to the restrictions is paramount. Understanding the intricacies of SHOs empowers Queensland drivers to make informed decisions about their driving rights and potential recourse options, including seeking a special hardship licence in Brisbane.