ADLA Quicklinks


No items could be found. Please try another area

Offence

Begin Search

ADLA member for - QLD

Written by
Bill Potts
Director - Criminal Lawyer


License Appeals - QLD
Welcome to the QLD Special Hardship Order Restricted Licence Breach article page. Everything you need to know about Special Hardship Order Restricted Licence Breach according to QLD law - Dated: 01/09/2009

What the Law States according to QLD Law for Special Hardship Order Restricted Licence Breach

According to QLD Law for the charge of Special Hardship Order Restricted Licence Breach,

Section 30Z(H) of the Transport Operations (Road Use Management - Driver Licensing) Regulation Queensland states:

(1) A person authorised to continue to drive motor vehicles under a special hardship order must comply with the order, including the restrictions stated in the order that apply to Queensland driver licences held by the person, subject to any variation of the restrictions under a special hardship variation order.

The Maximum Penalty - Special Hardship Order Restricted Licence Breach

According to QLD Law for the charge of Special Hardship Order Restricted Licence Breach,

Maximum Penalty - 20 Penalty Units 

Restricted Licence Cancellation - if you still hold the restricted licence at the time of conviction for the breach of the restricted licence conditions, your restricted licence will be disqualified upon conviction. 

Licence Disqualification - you will be disqualified from the date of your conviction until the end of the original suspension period plus you will be disqualified for an addition period of 3 months after that original period has lapsed.  

Penalty Unit = $100.00.

What the Police must prove according to QLD Law for Special Hardship Order Restricted Licence Breach

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:

The accused:

(1) Was the holder of a restricted licence, granted as a result of a special hardship order application under section 30(v) of the Transport Operations (Road Use Management - Driver Licensing) Regulation, at the time of the alleged offence; AND

(2) Drove a motor vehicle; AND

(3) Was driving outside the conditions of that restricted licence.

Possible Defences under QLD Law - Special Hardship Order Restricted Licence Breach

1. The accused was in fact the holder of an unrestricted probationary, provisional or open licence;

2. The accused was not driving a motor vehicle.

3. The accused was not driving a motor vehicle outside the conditions of his or her restricted licence.

4. Duress - example: there was a threat of harm against the accused or someone else that the accused reasonably believed would be carried out if he or she did not do the act that constituted the offence.

5. Necessity - example: there was an extraordinary emergency.

6. Insanity.

7. Involuntary Intoxication.

8. Identification i.e. the offence was not the accused.

In QLD which court will hear the matter - Special Hardship Order Restricted Licence Breach

Under section 3(5) of the Criminal Code Act  Queensland this offence is classed a simple offence and therefore may be heard in the Magistrates Court pursuant to section 19 of the Justices Act Queensland.

Criminal Law Article written by Bill Potts (Queensland criminal defence lawyer who is experienced in Traffic Offence matters)

Call ADLA on 1300 331 331