Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when your client is eligible for a restricted work licence under section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld) and needs to make that application alongside entering a guilty plea. This fork covers the strict eligibility audit, affidavit drafting, and court advocacy required to secure the restricted licence before the disqualification order is finalised.\n\nJurisdiction: under the (Qld) - specifically section 87 and the Transport Operations (Road Use Management - Driver Licensing) Regulation 2010 (Qld). The application must be made at the same hearing at which the guilty plea is entered and the disqualification is imposed.\n\nThe Process at a Glance: The lawyer first conducts a rigorous statutory eligibility audit: the client must have held an open Queensland licence at the time of the offence, the blood alcohol concentration recorded must be below 0.15, and the client must have had no licence suspensions or disqualifications within the preceding five years. Drug driving charges are generally ineligible. If all criteria are satisfied, the lawyer drafts two detailed affidavits - a Defendant Affidavit establishing that the client genuinely needs to drive for work and would suffer extreme hardship without a licence, and an Employer Affidavit from the client's employer confirming the driving necessity. The work licence application (Form F3181) is filed at the court registry before the hearing date. On the day of the hearing, the guilty plea is entered first, then the section 87 application is argued before the Magistrate. The Magistrate has a discretion to grant or refuse the application and, if granted, imposes the restricted licence alongside the disqualification order.\n\nKey Legislation and Case Law: - s 87 (restricted licence application: eligibility requirements including open licence, BAC below 0.15, no prior disqualifications in past 5 years, genuine need to drive for work, and extreme hardship test), s 79 (the guilty plea and disqualification at the same hearing). - sets out the conditions and terms of restricted licences. The 'absolute necessity' and 'extreme hardship' tests under s 87 require detailed factual evidence: the court will not grant the application on bare assertions. The Defendant Affidavit must address each eligibility criterion specifically. The employer's affidavit must be sworn, not merely a letter. Provisionally licensed, learner, and drug-driving defendants are generally ineligible regardless of hardship.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Drink or Drug Driving (Defendant) - Restricted Section 87 Work Licence Application matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for FAMILY_LAW, CRIMINAL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Verify the client meets all statutory criteria under Section 87 of the Act before drafting.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Critical timing requirement - the s87 work licence application must be presented to the Magistrate after the guilty plea but BEFORE the disqualification order is made. Once the disqualification is ordered, the Court has no power to grant a restricted licence. This cannot be remedied on appeal.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Section 87 Transport Operations (Road Use Management) Act 1995 (QLD) - the five eligibility criteria are strictly construed. There is no judicial discretion to waive any criterion.
BAC threshold of 0.15 is an absolute cut-off - a reading of 0.150 or above renders the client ineligible regardless of other circumstances.
The '5 year' disqualification history window is calculated from the date of the current offence, not the date of application.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Section 87 restricted licence conditions are set by the Magistrate and printed on the physical licence issued by TMR. Breach of any condition (driving outside specified hours, in a non-specified vehicle, or for non-work purposes) constitutes a separate criminal offence under the Transport Operations (Road Use Management) Act 1995 and results in immediate cancellation of the restricted licence.
Finalize the Defendant and Employer Affidavits demonstrating absolute livelihood necessity and hardship.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
The test for the Defendant's Affidavit is 'deprivation of livelihood' or 'extreme financial hardship' - the court must be satisfied that the applicant will lose their job or business if they cannot drive. Mere inconvenience, difficulty in commuting, or reduction in income is insufficient. Include a detailed budget showing income vs. expenses to demonstrate the financial impact.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
The 'absolute necessity' test for the Employer's Affidavit requires the employer to depose that there is no alternative employment the applicant can perform within the business that does not require driving. The employer should explain the business structure, number of employees, and why redistribution of driving duties is not feasible.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
File Form F3181 and represent the client at the hearing to secure the restricted licence order.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Sequence in court is critical: (1) enter guilty plea, (2) present s87 application with affidavits, (3) argue the application, (4) Magistrate determines application, (5) then disqualification order is made. If the Magistrate makes the disqualification order first, the application cannot be heard.
The Magistrate must be satisfied on the balance of probabilities that it is an 'absolute necessity' for the applicant to drive for work and that the loss will result in extreme hardship.
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