Work Licence Cairns — Section 87 Applications Explained

What Is a Section 87 Work Licence?

A work licence is an order made under section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld) that allows a person convicted of a drink driving offence to continue driving for work purposes during the disqualification period. Without a work licence, the disqualification is absolute — the person cannot drive at all, for any purpose, until the disqualification period expires.

A work licence is not a reduced disqualification. The disqualification period remains in full — the work licence operates as an exception that allows driving only for the purpose of earning a livelihood, and only within the specific conditions set by the court. Driving for personal purposes — shopping, school drop-offs, social activities — remains prohibited during the disqualification period, even with a work licence.

Work licence applications are heard at the time of sentencing in the Cairns Magistrates Court. They cannot be applied for after the sentence has been imposed — if the opportunity is missed at sentencing, it is lost. This is one of the reasons early legal advice is critical for drink driving charges.

Eligibility — The Threshold Requirements

Not everyone convicted of drink driving is eligible for a work licence. Section 87 sets out strict eligibility criteria, and if any of them are not met, the application cannot proceed. The criteria are:

No Prior Driving Offence Under Section 79 or Section 328A in the Last Five Years

The applicant must not have been convicted of any offence under section 79 of the TORUM Act — which includes both drink driving and drug driving — or dangerous driving under Criminal Code section 328A, in the five years immediately preceding the current offence. This is the most common disqualifying factor. A prior drug driving conviction within five years will bar the application, just as a prior drink driving conviction will. A conviction from more than five years ago does not count — a person with a 2019 conviction is eligible for a work licence in 2026.

The Type of Charge — Not the BAC Reading

This is the most commonly misunderstood part of work licence eligibility. Whether you can apply depends on the type of drink driving charge, not how high your reading was.

• Standard drink driving (low, mid, or high range): You can apply — even if your reading was 0.15, 0.17, or higher. Most drink driving charges fall into this category. If your reading was 0.10 or above, an interlock condition will apply.
• Driving Under the Influence (DUI): You cannot apply. DUI is a separate, more serious charge. The law bars work licence applications for all DUI convictions.
• Learner, provisional, heavy vehicle, taxi, rideshare, restricted licence, or interlock drivers: You cannot apply. These licence categories are excluded.

In practical terms: if you hold an open licence and are charged with the standard drink driving offence, your BAC reading does not prevent you from applying for a work licence. A person with a reading of 0.17 or 0.20 can apply. A person charged with DUI at any reading cannot. The distinction is the type of charge — not the number on the certificate.

Not Driving for Work at the Time of the Offence

This is a frequently misunderstood requirement. The applicant must not have been driving in the course of their employment at the time the drink driving offence was committed. If you were driving a work vehicle, driving to a work site, or driving as part of your job duties when you were stopped, you are ineligible. The rationale is straightforward — a person who drinks and drives for work has demonstrated that a work licence will not prevent them from reoffending in the same context.

Extreme Hardship

The applicant must demonstrate that the loss of their driver's licence would cause extreme hardship in earning a livelihood. This is not a generic claim — it requires specific evidence about the applicant's employment, the nature of the work, the requirement to drive as part of the job, and the absence of alternative transport or work arrangements.

Evidence That Supports the Application

A work licence application succeeds or fails on the strength of the evidence. The magistrate is being asked to make an exception to the disqualification — an exception that allows a convicted drink driver to continue driving on public roads. The evidence must be persuasive enough to justify that exception.

Employer Evidence

The most important piece of evidence in a work licence application is the employer's letter or affidavit. This document should address:

• The applicant's position and duties — specifically, which duties require driving
• How long the applicant has been employed
• Whether the position can be performed without driving (if it can, the application fails on the extreme hardship requirement)
• Whether alternative transport arrangements are available (if public transport, ride-sharing, or a colleague could provide transport, the hardship is reduced)
• The consequence of the applicant losing their licence — will they lose their job, be demoted, or have their hours reduced?
• Whether the employer is willing to supervise the applicant's compliance with the work licence conditions

The employer's evidence should be on company letterhead, signed, and dated. If the magistrate has questions about the employment arrangements, the employer may be called to give evidence — though this is rare in practice.

Applicant's Affidavit

The applicant should provide a sworn affidavit setting out:

• Their employment details — employer, position, hours, and the specific requirement to drive for work
• The distances and routes they need to drive for work — this becomes the basis for the geographical conditions on the work licence
• Their personal circumstances — family responsibilities, financial obligations, mortgage or rental commitments that depend on continued employment
• The availability of alternative transport — and why it is not viable for the applicant's specific work requirements
• The impact of licence loss on their family — particularly if other family members depend on the applicant's income

Supporting Documents

• Employment contract — confirming the requirement to drive as part of the role
• Payslips — demonstrating the level of income at risk
• Work diary or log — showing the frequency and distances of work-related driving
• Map — showing the routes and locations the applicant needs to drive to for work

What the Magistrate Considers

The magistrate considers the application holistically, but several factors are given particular weight:

• Genuineness of the hardship — is the hardship real and specific, or generic and overstated? A person who drives to an office that is also accessible by bus faces a different hardship from a trade worker who drives to remote sites across Far North Queensland.
• Nature of the work — trades, delivery, transport, and mobile service roles carry stronger hardship claims than sedentary office roles. The more the job depends on driving, the stronger the application.
• Public safety — the magistrate is authorising a convicted drink driver to continue driving on public roads. The BAC reading, the circumstances of the offence, and the applicant's traffic history are relevant to whether this authorisation is appropriate.
• Remorse and accountability — evidence of QTOP completion, alcohol counselling, and proactive engagement with the consequences of the offence.

Work Licence Conditions

If the work licence is granted, it comes with strict conditions. The standard conditions imposed by the Cairns Magistrates Court include:

• Hours — the licence is typically restricted to specific hours that correspond to the applicant's work hours (for example, 6:00 AM to 6:00 PM Monday to Friday). Driving outside these hours is a breach.
• Routes — the licence may restrict driving to specific routes between the applicant's home and workplace, or within a defined geographical area.
• Vehicles — the licence may be restricted to a specific vehicle (the work vehicle or the applicant's personal vehicle).
• Zero BAC — the work licence always includes a condition of zero BAC while driving. Any alcohol in the system while driving on a work licence is a separate, serious offence.
• Carry the work licence at all times — the applicant must carry the work licence document (not just their normal licence) whenever driving for work.

Breaching a work licence condition is a criminal offence. It results in the immediate cancellation of the work licence, the full disqualification period being reinstated, and a separate charge for the breach. The consequences of breaching a work licence are severe — treat the conditions as absolute.

Self-Employed Applicants

Work licence applications from self-employed persons are assessed differently. Instead of an employer's letter, the applicant must provide:

• ABN registration or business registration documents
• Evidence of the business's operations and the role of driving in those operations
• Financial records demonstrating the income the business generates and the impact of licence loss on revenue
• Client letters or contracts confirming work commitments that require driving

Self-employed applications are scrutinised more carefully because there is no independent employer to verify the claims. The evidence needs to be more detailed and more thoroughly documented.

Common Reasons Applications Fail

Work licence applications fail for predictable reasons. Understanding these reasons in advance allows the application to be prepared to avoid them:

• Insufficient evidence of hardship — a bare assertion that "I need my licence for work" without supporting evidence is not enough. The magistrate needs specifics.
• Alternative transport available — if the applicant could take public transport, get a lift from a colleague, or work from a different location that doesn't require driving, the hardship is not "extreme."
• High BAC reading — a high reading does not prevent the application (eligibility depends on the type of charge), but it makes the magistrate more cautious about granting the licence. Higher readings require stronger hardship evidence.
• Poor traffic history — prior traffic offences (even if not drink driving) suggest a pattern of risk on the road that weighs against granting the work licence.
• Driving for work at the time of the offence — this is an automatic disqualifier. If the evidence shows you were on your way to a work site, returning from a work function, or driving a work vehicle, the application cannot succeed.

The Timing Is Critical

The work licence application is made at the time of sentencing — on the day the plea is entered and the magistrate imposes the disqualification. If the application is not made at that hearing, the opportunity is gone. There is no mechanism to apply for a work licence after the sentence has been imposed.

This means the preparation must be complete before the court date. The employer's letter, the affidavit, the supporting documents, and the submissions must all be ready. Asking for an adjournment to "get the employer letter" is possible but not ideal — it delays the sentencing, extends the period of uncertainty, and signals to the magistrate that the preparation has been left too late.