Licence hardship: what courts can actually do, state by state
"I need my licence for work" is the most common plea in traffic courts — and the response depends entirely on jurisdiction. Arguing for something the court has no power to grant wastes your hearing; here is the actual map.
Australia
Queensland: a genuine work licence (restricted licence) exists for eligible drink drivers (BAC < 0.15, clean recent record) — applied for by affidavit before disqualification is imposed.
Western Australia: an extraordinary licence can be applied for, with waiting periods depending on the offence.
Tasmania: restricted licences available for some offences.
NSW, Victoria, SA: no general work licence scheme — hardship instead goes to shortening disqualification (where a discretion exists), penalty choice, and non-conviction orders. In NSW, an interlock exemption or licence appeal covers narrow cases only.
United Kingdom
Drink driving bans are mandatory with no work exception. But for totting-up (12 points), courts may not disqualify if it would cause exceptional hardship — the classic argument being loss of employment affecting innocent dependants. It requires sworn evidence, and the same hardship cannot be reused within three years.
The evidence that carries hardship arguments
An employer's letter or affidavit stating the driving requirement and the consequence of losing it (dismissal, not inconvenience); proof there is no viable alternative transport for the specific work; family evidence — school runs, medical transport, a dependant's needs; and financial evidence where destitution is claimed. Vague assertions fail; specific, documented, corroborated hardship succeeds.
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Frequently asked questions
Can I get a work licence in NSW?
For most offences, no — NSW has no general work licence scheme. Hardship evidence instead supports shorter disqualification or a non-conviction order where available.
What counts as exceptional hardship in the UK?
Hardship beyond what any ban causes — typically job loss with consequences for dependants, or care responsibilities impossible without driving. It must be proved with evidence, not asserted.
When do I apply for a QLD work licence?
Before the disqualification is imposed — prepare the affidavits before your sentencing date and make the application at that hearing.