Special hardship licence application
A special hardship licence, also known as a SHO, Special Hardship Order, a Hardship licence or a demerit point licence, allows you to continue driving whilst disqualified under specified conditions. You may be eligible to apply if you face losing your licence due to an accumulation of too many demerit points or excessive speeding. There are strict time limits in applying for a special hardship licence, so it is critical you act quickly.
What is a special hardship licence?
A special hardship licence is a licence granted to you by the Court upon application. The Magistrate may restrict what you can and cannot do in a number of different ways. These may include a combination of any of the following;
Where you can drive;
When you can drive;
The purposes for which you can drive (e.g. only for employment purposes);
The type of vehicle you can drive; or
Who you can carry in the car with you.
If you are granted a special hardship licence you must obtain a replacement licence from the department of transport before you are eligible to drive. It is crucial you keep this on you at all times whilst you are driving, as a failure to produce it may mean you are not complying with the conditions of the licence.
Am I eligible?
You are eligible to apply for a special hardship licence if you have been caught speeding excessively, therefore driving 40km/h or more over the speed limit, or you have accumulated more than 2 demerit points whilst on a good behaviour bond. Further, to be eligible to apply you must not have had your licence suspended or cancelled in the 5 years before your existing suspension and you must not have been driving for work purposes at the time of the offence.
How do I apply?
In order to apply you must file an application and all relevant affidavits with the local Magistrates Court. This must be done within 21 days of your licence being suspended. The application must clearly set out why you require the licence and the affidavits must provide evidence and support for this. The best example is to provide an affidavit from your employer or doctor, depending on your circumstances.
What does the court consider?
In order to be granted a special hardship licence you will need to show the Court that by losing your licence you would suffer special hardship. This must include:
that you or your family will suffer extreme hardship as the consequence of losing your licence as this will result in depriving you of your means of earning a living; or
that losing your licence will cause you or your family severe or unusual hardship by some other means.
You must show that losing your licence would be more than simply inconvenient or challenging. In order to prove that it would deprive you of your means of earning a living, the court must be satisfied that no public transport would be available to you. Further, you cannot simply state this to the Court, you must include affidavits from your employer in order to prove that no position would be available to you without your licence. In addition to this, the Court will also consider:
whether you are a fit and proper person to continue driving; and
that if granted to you, there would not be an unacceptable risk of you committing a further offence.
These points must be clearly addressed in your affidavit and application and it is critical that all relevant information is conveyed to the Magistrate in order to give you the best chance of being successful. At GC Crime Lawyers we understand how important your licence is to you and your family. We are experienced in making such applications and can give you peace of mind that you will have the best chance of obtaining a special hardship licence. Call our experienced team on 1300 127 463 to discuss whether you are eligible to apply for a SHO today.