Special Hardship Orders Lawyer
Cairns & Far North Queensland
Your licence has been suspended by the Department of Transport and Main Roads and you need to drive. You may need your licence for work, to get your children to school, or to attend medical appointments — and public transport in Cairns and Far North Queensland is not a realistic alternative. A special hardship order under Chapter 10 of the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 (Qld) allows the court to grant a restricted licence during a period of administrative suspension. It does not give you your full licence back — it allows you to drive for specific,…
What Is a Special Hardship Order?
A special hardship order is a court order that permits a person whose licence has been suspended by TMR to drive for limited purposes during the suspension period. The order specifies: The purposes for which you may drive — typically employment, education, medical appointments, or essential family responsibilities The hours and days during which you may drive The area or route you may drive Any…
Who Is Eligible
Special hardship orders are only available for two types of TMR-imposed administrative suspension — not court-imposed disqualifications: The two qualifying triggers: Good driving behaviour breach — your licence was suspended under section 266(5) of the Regulation because you accumulated demerit points during a good driving behaviour period Speeding 40 km/h or more over the limit — your licence was…
What the Court Needs to See
A special hardship order is not granted automatically — even if you are eligible. The court must be satisfied that the suspension is causing, or will cause, either extreme hardship to your livelihood or severe and unusual hardship to you or your family. These are defined concepts. Inconvenience is not enough. The court needs evidence that without the ability to drive, you face a genuine risk to…