We want to talk about your traffic record.

16 July 2025

Did you know that some people can still lawfully drive whilst their driver’s licence is suspended?

Many people assume that when you are convicted of a traffic offence (such as speeding) that you lose points against your licence. That is not correct. Each time you are convicted of a traffic offence, you actually accrue demerit points.

At what point can I lose my licence?

As an Open Licence holder, if you accrue 12 (or more) demerit points within a 3-year period you will receive a Notice setting out your option to elect either:

1. A good behaviour period for 12 months; or
2. A suspension of your driver’s licence for 3 months.

If you elect to keep your licence under a good behaviour period but accrue 2 or more further demerit points within the 12-month good behaviour period then, whilst things don’t look good for you, not all hope is lost.

Whilst you will receive a suspension notice for 6 months, you may be eligible for a Special Hardship Order.

What is a Special Hardship Order?

A Special Hardship Order is designed to alleviate extreme hardship. If you are eligible to apply for a Special Hardship order, a Magistrate has the discretion to make the order which enables a person whose driver’s licence has been suspended to drive subject to certain restrictions.

A Magistrate must be satisfied of specific criteria before either order will be made. It is up to the Applicant to establish by affidavit evidence that, on the balance of probabilities:

1. He/she is fit and proper to hold the licence; and
2. Without it, he/she would suffer extreme hardship (or another person may suffer severe and unusual hardship) as a result.

Because the legislative criteria is specific and niche, we can assist you by preparing the affidavits and supporting documentation to ensure every chance at being successful in your application. When it comes to a legal test, the matter is best suited to those with legal expertise.

If granted, a Special Hardship Order overrides the suspension notice, albeit with restrictions, to allow for the use of a vehicle, usually for work related activities.

Having your driver’s licence suspended can be much more than an inconvenience in a regional centre – it could cause you to suffer extreme hardship. Our team of experienced litigators can assist you in making an Application for a Special Hardship Order to alleviate some of that hardship.