Transport Operations (Road Use Management—Driver Licensing) Regulation 2021
sec.318Matters special hardship orders must and may state
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sec.318 Matters special hardship orders must and may state
If a court decides to make a special hardship order for a person, the order must state the following— the order has effect— while the person holds a valid open licence or provisional licence; and until the end of the order period; while the order is in effect for the person, a Queensland driver licence held by the person is subject to the restrictions stated in the order. For subsection (1) , the order period is the period, starting on the day the special hardship order is made, that is equivalent to the length of the period the person’s suspended open licence or provisional licence would have been suspended under the relevant provision if the special hardship order had not been made. For a person whose suspended open licence or provisional licence is suspended under section 285 (5) , the order period is 6 months starting on the day the special hardship order is made. However, if the person’s suspended open licence or provisional licence is suspended under both sections 266 (5) and 285 (5) , the order period must be equivalent to the length of the longer of the periods the licence would have been suspended for under those sections if the special hardship order had not been made. The special hardship order must state the following restrictions— the purpose for which a motor vehicle may be driven under the person’s Queensland driver licence; the class of motor vehicle that may be driven under the person’s Queensland driver licence; the times at which, or period of time during which, a motor vehicle may be driven under the person’s Queensland driver licence; that a motor vehicle may be driven under the person’s Queensland driver licence only if the person is carrying a copy of the order. The special hardship order may also state the following restrictions— where a motor vehicle may be driven under the person’s Queensland driver licence, including, for example, the starting and ending places for journeys under the licence; whether or not passengers may be carried in a motor vehicle being driven under the person’s Queensland driver licence, and if they can be carried, the names or other identifying details of the passengers who may be carried; any other restriction the court considers appropriate. the person must wear the person’s work uniform when driving under the person’s Queensland driver licence the person must carry a logbook containing the details of all driving under the person’s Queensland driver licence that is work-related travel, including, for example, start and end times, destinations and odometer readings (sec.318-ssec.1) If a court decides to make a special hardship order for a person, the order must state the following— the order has effect— while the person holds a valid open licence or provisional licence; and until the end of the order period; while the order is in effect for the person, a Queensland driver licence held by the person is subject to the restrictions stated in the order. (sec.318-ssec.2) For subsection (1) , the order period is the period, starting on the day the special hardship order is made, that is equivalent to the length of the period the person’s suspended open licence or provisional licence would have been suspended under the relevant provision if the special hardship order had not been made. For a person whose suspended open licence or provisional licence is suspended under section 285 (5) , the order period is 6 months starting on the day the special hardship order is made. (sec.318-ssec.3) However, if the person’s suspended open licence or provisional licence is suspended under both sections 266 (5) and 285 (5) , the order period must be equivalent to the length of the longer of the periods the licence would have been suspended for under those sections if the special hardship order had not been made. (sec.318-ssec.4) The special hardship order must state the following restrictions— the purpose for which a motor vehicle may be driven under the person’s Queensland driver licence; the class of motor vehicle that may be driven under the person’s Queensland driver licence; the times at which, or period of time during which, a motor vehicle may be driven under the person’s Queensland driver licence; that a motor vehicle may be driven under the person’s Queensland driver licence only if the person is carrying a copy of the order. (sec.318-ssec.5) The special hardship order may also state the following restrictions— where a motor vehicle may be driven under the person’s Queensland driver licence, including, for example, the starting and ending places for journeys under the licence; whether or not passengers may be carried in a motor vehicle being driven under the person’s Queensland driver licence, and if they can be carried, the names or other identifying details of the passengers who may be carried; any other restriction the court considers appropriate. the person must wear the person’s work uniform when driving under the person’s Queensland driver licence the person must carry a logbook containing the details of all driving under the person’s Queensland driver licence that is work-related travel, including, for example, start and end times, destinations and odometer readings