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Your driver licence may be disqualified if you are found guilty of some traffic offences including (but not limited to) drink or drug driving, dangerous driving or driving while disqualified.
If your licence is disqualified for more than 2 years, you may be able to apply to have the disqualification removed after 2 years. You cannot apply before this time.
When receiving a licence disqualification this can affect whether you can drive in other states or overseas depending on where you received the penalty.
If you are found guilty of a drink driving offence, you may have to participate in the alcohol ignition interlock program, even after the licence disqualification period is over.
Driver licence disqualification
If you are found guilty of some traffic offences (eg drink or drug driving, dangerous driving, or driving while disqualified), the Court must cancel your licence and make an Order disqualifying you from holding or getting a driver licence for a period of time. The disqualification period may be for a few months or a few years depending on the offence.
If your licence is disqualified for more than 2 years, you may be able to apply to have the disqualification removed after 2 years.
If you have had 2 or more cumulative disqualifications (to be served one after another), that are still current, get legal advice.
If your licence was disqualified before 3 March 2002 for unlicensed driving (including disqualified driving) you can apply directly to the Department of Transport and Main Roads to get your licence back.
Applying to have a licence disqualification removed
You may be able to apply to have your licence disqualification removed if:
- you have been disqualified by a Queensland Court from holding or getting a driver licence for more than 2 years; and
- it is been more than 2 years since the date of the disqualification Order.
You should get legal advice before applying to have a licence disqualification removed, as this is a complex area of law, particularly if you have cumulative disqualifications.
How to apply
You will need to apply to the Court that made the Order to disqualify your licence. For example—if the Order:
- was made by the Supreme Court then you must apply to the Supreme Court.
- was made by the District Court then you must apply to the District Court.
- was made by the Magistrates Court:
- if you live in Queensland, you must apply to the Magistrates Court near where you live; or
- if you live interstate, you must apply to the Brisbane Magistrates Court.
If you have been disqualified in both a Magistrates Court and in the District or Supreme Court, you must make separate applications to the Courts to have a licence disqualification removed. You cannot apply for a driver licence until all of your disqualifications are removed or the disqualification periods have ended.
To apply, you must:
- Get a copy of your traffic history from the Department of Transport and Main Roads. Fees will apply.
- Get a copy of your criminal history if you have ever been to Court or been in trouble with the police. Fees will apply
- If you have been convicted of an criminal offence in Queensland, you can apply in person at your local police station, or you can download the Application for a copy of own Queensland criminal history form (QP349a).
- If you have been convicted of a criminal offence in another state, you must get a National police certificate.
- Check your details are correct. You should make sure that 2 years have passed since the date of your licence disqualification. If not, you must wait until the 2 years have passed, before making an application.
- Fill in an application form (available from the court registry) and lodge it with the Court. The Court will give you a Court date (usually 6 to 8 weeks after the application is filed).
- Write an affidavit explaining why you were disqualified, your criminal history, your traffic history and why you want your licence back.
- Serve a copy of your application and affidavit on the Police Prosecutor—for the Magistrates Court—or the Commissioner of Police if in District or Supreme Court. You must give the police prosecutor 28 days’ notice of your application. You do not have to serve a copy of the affidavit on the police prosecutor until your Court date.
- Attend the Court date. The Court may want you to give evidence as well as reading your affidavit. The prosecutor and the Magistrate or judge may ask you questions.
When deciding whether to make an Order to remove your licence disqualification, the Court will consider:
- you arer character.
- the reasons for your disqualification.
- how you have behaved since you were disqualified.
- any other relevant circumstances.
If your application is approved
If your application is approved, the Court will make an Order removing your disqualification. This Order is not a licence.
Before you can drive again, you must apply to the Department of Transport and Main Roads for a licence. When applying, you must show them the Court Order. You may have to pass the usual licence testing procedures before giving you a licence.
If your licence disqualification was because you were found guilty of a drink driving offence, you may have to participate in the alcohol ignition interlock program even after the disqualification has been removed.
Licence disqualifications overseas or interstate
If your licence was disqualified overseas or in another state or territory, it can affect whether you are able to drive or get a licence in Queensland.
If you had a Queensland driver licence when your licence was suspended or disqualified overseas or in another state or territory, the Department of Transport and Main Roads may decide to cancel your licence.
You are not allowed to drive in Queensland on an overseas or interstate licence if:
- you have been disqualified from holding or getting a driver licence by an Australian Court; or
- your overseas licence has been disqualified, suspended, cancelled or has expired.
Even if you have a valid overseas or interstate licence, you may not be allowed to drive in Queensland.
If you have been disqualified from holding or getting a driver license overseas or in another state or territory you may not be eligible to apply for a Queensland driver licence.
It is a criminal offence to apply for Queensland licence when disqualified in Queensland or interstate.
Alcohol Ignition Interlock Program
If your licence was disqualified for a drink driving offence committed on or after 6 August 2010, you may have to participate in the alcohol ignition interlock program.
An alcohol ignition interlock is a device connected to a vehicle’s ignition needing the driver to give a breath sample before starting the vehicle. If any alcohol is detected in your breath, the vehicle would not start.
The alcohol ignition interlock program may apply to the following:
- driving under the influence of alcohol.
- failure to give a specimen of breath or blood for analysis.
- having two or more drink driving offences (of any kind) within a 5-year period (on or after 6 August 2010).
- dangerous driving while affected by alcohol; or
- any offence involving a breach of the alcohol ignition interlock program requirements.
While being part of the interlock program, you will have to drive a vehicle fitted with an alcohol ignition interlock device and you must have a BAC of 0.00% at all times when driving.
Strong penalties may apply if you do not follow the rules of the interlock program. If you are charged with a breach of the interlock program, get legal advice.
Installing the ignition interlock device
To install the ignition interlock device contact one of the contracted interlock suppliers. You will have to pay for the installation, rental, servicing and removal of the interlock device.
If you are a low income earner, you may be eligible for a discount or financial assistance. Contact the Department of Transport and Main Roads for more information.
Program timeframes
You will have to be a part of the program for up to 2 years after your drink driving disqualification period ends. You may be able to leave the program early if you meet certain conditions.
To be eligible to leave the program early, you must have met all of the following conditions for at least 12 months:
- you must hold a valid Queensland driver’s licence with an ‘I’ (for interlock condition) on it.
- you must have an approved interlock device fitted to your vehicle; and
- you must give your vehicle details to an interlock supplier via the Apply/Remove a Vehicle Nomination form from the Department of Transport and Main Roads.
If you do not follow the rules, the minimum period may be extended.
The maximum period you have to be on the interlock program is 2 years after your drink driving disqualification period ends. The interlock program will end after 2 years even if you have had an interlock device fitted to your vehicle for less than 12 months.
Interlock program exemptions
In limited situations, you may apply to the Department of Transport and Main Roads for an exemption from the interlock program. There are strict criteria that you will need to meet to be eligible for an exemption.
Disclaimer: The material presented on this website is an information source only. The information on this website is written for people resident in, or affected by the laws of Queensland, Australia only. Links to other sites from this website are provided for the users’ convenience. The LGBTI Legal Service does not endorse these sites and is not responsible for the information on these sites or the use made of this information. If you have a specific legal problem, you should consult a professional legal advisor.