Can You Get a Work Licence After a Suspension in Queensland? The Section-87 Restricted Licence Worked Through Step by Step

Sometimes — but only in one narrow situation. In Queensland a "work licence" (formally a restricted licence under section 87 of the Transport Operations (Road Use Management) Act 1995) is available only when a court convicts you of a lower-range drink or drug driving offence. You must apply in court, on the day you're found guilty, before the magistrate disqualifies you — miss that window and the option is gone. It does not help a demerit-point suspension, a high-range (0.15+) reading, or an unpaid-fines SPER suspension.

"Suspended licence appeal" is one of the most searched driving phrases in Queensland, and it usually hides two completely different situations that people mix up. One is a demerit-point or police-imposed suspension, where the real question is whether you can appeal or get a Special Hardship Order. The other is a drink or drug driving conviction, where the real question is whether you can get a work licence under section 87. They use different forms, different courts and different tests. Below I work a real drink-driving scenario end to end — eligibility test, the affidavit, the likely conditions, the money and the timeline — and clearly mark where the demerit-point path splits off.

The two suspensions people confuse

Before anything else, name your suspension. The right tool depends entirely on why you lost your licence.

Two important truths hide in that table. First, a work licence and a Special Hardship Order are not interchangeable: an SHO is not available after a drink or drug driving conviction — that's the work licence's job — and a work licence is not available for a demerit-point suspension (Special Hardship Order · Queensland Government). Second, if the reason is unpaid fines, no court order gets you back on the road — you deal with SPER directly.

Demerit-point suspension vs court suspension — which can be "appealed"?

This is the split that matters most, because the word "appeal" means different things.

Court-imposed disqualification (drink/drug driving)

When a magistrate convicts and disqualifies you, you don't appeal the suspension to keep driving — you ask the same court, at the same hearing, for a s.87 work licence. If the magistrate refuses the order, that decision is essentially final for the work-licence question; there is no separate tribunal that re-hears it. So the "appeal" is really a same-day application, and timing is everything.

Demerit-point / excessive-points suspension

Here you genuinely have options before the suspension bites. An open-licence holder who reaches the demerit threshold is usually offered a choice: serve the suspension, or elect a good-behaviour period (12 months on a 1-point-equals-double-penalty basis). If you're already suspended for excessive points or a high-speed offence, you may apply for a Special Hardship Order at the Magistrates Court so you can keep driving under conditions. There is also a 28-day window to seek review of certain suspensions (for example, through QCAT) — but that's a review of the decision, not a hardship order.

Who qualifies for a s.87 work licence — and who is shut out

The court can only make the order if you clear every gate. Miss one and the application fails. These criteria come straight from the Queensland Government's restricted-licence page (qld.gov.au — Restricted licence) and the underlying s.87 of the TORUM Act 1995.

You may be eligible if all of these are true

• You held a valid Queensland open licence for the class of vehicle you were driving at the time of the offence.
• You were not driving the vehicle as part of your job at the moment of the offence (you weren't "earning your living" behind the wheel then).
• Your blood/breath alcohol was under 0.15 (and it wasn't a "driving under the influence" charge).
• Your licence has not been suspended, cancelled or disqualified in the previous 5 years.
• You have not been convicted of drink, drug or dangerous driving anywhere in the previous 5 years.
• You can show the court you are a fit and proper person to hold a restricted licence, and that refusing the order would cause extreme hardship to you or your family by depriving you of your livelihood.

You are excluded — no work licence — if any of these apply

• You had no valid open licence when the offence happened (learner or provisional licence holders can't get one).
• You were driving a vehicle you weren't licensed for, or learning to drive a higher class.
• Your reading was 0.15 or higher, or you were charged with driving under the influence.
• You were driving for work at the time of the offence.
• You were driving a prescribed vehicle — trucks, buses, taxis and similar.
• You had a licence suspension/cancellation, or a drink/drug/dangerous conviction, in the last 5 years.

Worked example: Marcus the electrician, blown 0.071

Note the trap that catches tradies: if Marcus had been caught driving for a job — say heading to a call-out — he would have been "earning his living" at the time and would have been ineligible. The work licence is designed to protect people whose personal off-duty mistake threatens their work driving; it does not rescue someone who offended while working.

The affidavit, Form F3181 and what the court date looks like

The paperwork is where most self-represented applicants come unstuck. There are two documents.

• Form F3181 — "Application for an Order directing the issue of a Restricted Licence (s87)." You get it from a Transport and Motoring service centre, a Queensland Government licence office, or the Magistrates Court, and you must lodge it with the magistrate immediately after being found guilty and before disqualification (qld.gov.au — Restricted licence).
• A sworn affidavit. This is your evidence of extreme hardship: what you do for a living, why you must drive to do it, what happens to you and your family without the licence, your driving history, and your remorse. It is sworn before a Justice of the Peace, Commissioner for Declarations or solicitor. Weak affidavits are the most common reason applications fail — vague statements like "I need my car" carry little weight; specifics about routes, income and dependants carry a lot.

On the day, the sequence is: the prosecution outlines the offence → you (or your lawyer) plead guilty → the magistrate records a conviction → then your solicitor hands up Form F3181 and the affidavit and argues the s.87 application → the magistrate decides eligibility and, if satisfied, sets the conditions and the disqualification. Some magistrates will adjourn a few weeks so a proper affidavit can be prepared — that's often a good sign, not a bad one.

Where SPER fits in

The State Penalties Enforcement Registry (SPER) is the branch that collects unpaid Queensland fines. If your licence is suspended because of unpaid fines, a work licence or Special Hardship Order will not help you — those are for court and demerit suspensions, not SPER enforcement. The fix for a SPER suspension is to contact SPER and arrange payment or an instalment plan; the suspension is lifted through them, not through a magistrate. It's worth checking your SPER status before a court date, because an unresolved SPER suspension can leave you unlicensed even after a magistrate grants a work licence.

Costs and a realistic timeline

There is no big government "filing fee" for the s.87 application itself — it's made inside your existing criminal matter. The real costs are legal fees, the licence re-issue, and (if it applies to your category) an interlock. Figures below are current Queensland Government licence fees as at 1 July 2026 (qld.gov.au — Driver licence fees); legal fees are a market range, not a government charge.

Timeline. The application itself is decided at your court hearing — potentially the same day you're found guilty, or after a short adjournment (commonly two to four weeks) if the magistrate wants a properly prepared affidavit. Once the order is made, you take the paperwork to a Transport and Motoring centre to be issued the physical restricted licence, then it runs for the length of your disqualification. Build in extra time if an interlock is required, because the device has to be installed before you can drive under that condition.

Frequently asked questions

Official sources: Restricted licence — Queensland Government · Special Hardship Order — Queensland Government · Driver licence fees — Queensland Government · Transport Operations (Road Use Management) Act 1995 (Qld), s.87. Fees current as at 1 July 2026.