Who can get a restricted drivers licence?

In Tasmania, you can make an application for a restricted drivers licence if you have had your licence suspended or cancelled for the following reasons:

• You have been disqualified from driving by a court order
• You have accumulated demerit points
• You have received an automatic statutory penalty

However, there are a range of exceptions and situations that might mean you are not eligible. Some of those include:

• If you were offered an undertaking to be of good behaviour for accruing demerit points but turned that option down
• If you received a road safety disqualification notice
• For one of the reasons listed on the Drink Driving Offences page
• There are a number of other circumstances that will make a person ineligible

When might a Court grant an application?

Magistrates will not grant a restricted drivers licence simply because being disqualified is inconvenient. Being disqualified is supposed to be a penalty that teaches someone to obey the law, among other reasons. There is no point applying for a restricted drivers licence because you would like to drive to see a friend or to undertake social activities.

An application will only be successful where the applicant can show that they would suffer severe and unusual hardship if they were to lose their licence. This is a high threshold to meet and it is important that your application sets out how and why you would suffer severe and unusual hardship. Some circumstances that might show such hardship include:

• If you rely on your licence for your job and you are the sole income earner for your family
• If you need to attend medical appointments and have no other way of attending

If you are successful, conditions will apply that will limit your ability to drive so that the hardship can be avoided. This might include a condition that you only drive while at work in your work delivery vehicle or that you only drive to and from a doctors surgery. You will not be given free licence to drive as you please.

Your disqualification period can be extended once you have been granted a restricted drivers licence.

What happens if I breach the order?

Driving outside of the conditions set by the court is a separate offence. For a first offence you can be imprisoned for up to six months and fined. Breaching a restricted drivers licence is considered to be a serious offence.

How do I apply for a restricted licence?

Making an application involves filling out a form and filing it with the Magistrates Court. You will need to serve a copy on the Police and ensure that the application meets the legislative requirements. You will need to attend court and possibly give evidence about your circumstances. This can be a daunting process and it is highly recommended to have representation for such an application. Contact me if you would like my help with your application.

I can draft, file and appear on your restricted drivers licence application.