RESTRICTED LICENCE APPLICATIONS
Magistrates in Tasmania have the power to make a special hardship order which allows a person to obtain a restricted driver licence, however these orders are only made under very strict criteria and upon satisfying strict legal tests.
The court will not grant a person a restricted driver licence simply because losing their licence will cause them inconvenience.
A Magistrate must be satisfied that unless a person is granted an order that will allow them to obtain a restricted driver licence, they will suffer severe and unusual hardship.
Further to that, a Magistrate must also be satisfied that it is not against the public interest to grant somebody an order allowing them to obtain a restricted driver licence.
For example, an applicant for an order allowing them to obtain a restricted driver licence may be able to satisfy a court that unless they are granted a restricted driver licence they will lose their employment, however if their driving history is very poor, and includes serious and / or repeat offending then the court may still not grant a person a restricted driver licence.
The relevant tests are applied very stringently, and generally speaking, an applicant will need to produce relevant and compelling evidence in support of their application in order for it to succeed.
At Tamar Legal we have had substantial experience assisting people in obtaining restricted driver licences following drink driving, drug driving, and demerit point disqualification situations.
We have an exceptional success rate, and our services are offered on a fixed fee basis.
ELIGIBILITY
There are several criteria which render a Court unable to grant an order permitting the issue of a restricted licence in Tasmania, specifically:
- the offence was committed while a person was disqualified, or within 3 years after ending any disqualification;
- the offence was driving with a blood alcohol content equal to or greater than 0.15%;
- the offence was objecting to a blood/urine sample analysis;
- the offence was refusing or failing to submit to a breath analysis/blood sample/medical examination;
- a person held a learner or provisional licence at the time of the offence (unless the offence was driving with an illicit prescribed drug in a person's blood);
- a person drove a vehicle without the appropriate licence (for example, driving a truck without a relevant truck licence) at the time of the offence (unless the offence was driving with an illicit prescribed drug in a person's blood); or
- a person drove a prescribed vehicle at the time of the offence (for example a taxi, bus, luxury hire car, or a vehicle with a GVM exceeding 4.5 tonnes).
If a person's licence was subject to restrictions at the time of an alleged offence, a person may also be ineligible for a restricted licence, including:
- a person's licence is (or is liable to be) suspended because they've accumulated demerit points, and they have (or had) the option of entering into an undertaking for a period of good driving behaviour;
- a person does not hold a current Australian driver licence and can’t apply for one, because of the demerit points they’ve accumulated;
- a person is a novice driver who hasn’t held a provisional licence for a continuous period of 12 months, or a person is a P1 licence holder who has been (or will be) regressed to an L2 licence;
- been disqualified from driving in accordance with an excessive drink driving notice that hasn’t been cancelled or determined by a Court
- you’ve never held any Australian driver licence