What a Queensland section 79E application is
In this Queensland section 79E application video, Josh Boorman of Boorman Lawyers explains the application for a replacement licence under section 79E of the Transport Operations (Road Use Management) Act. He describes it as a specific application to the court, generally made when a person has been charged with a drink driving offence and police have immediately suspended their licence at the time of the charge. For more on the options, see Boorman Lawyers’ guide to appealing an immediate police suspension in Queensland.
He gives an example. If a person is charged on 1 January and their court date is not until 20 January, police put an immediate suspension on the licence on 1 January, and the person must stay suspended right through to the court date.
How it works
Josh explains that a person can fill out an application form, take it to the court registry and apply to have a court date brought on as quickly as possible to obtain a replacement licence. He says this would effectively lift the immediate police suspension and allow the person to drive, generally with certain restrictions, such as for work, or where an unusual hardship circumstance applies.
Eligibility
Josh says there are eligibility criteria. The person must have been put off the road immediately at the time of the charge and must have a Queensland driver’s licence. They cannot have lost their licence for any reason in the last five years, with the exception of SPER default payments. He notes there are other eligibility issues that also need to be shown to the court.
Where it fits with a work licence
Josh explains that this application usually comes into play where a person has been charged with a mid range drink driving offence, with a reading over 0.10 and under 0.150. That person may still be eligible to apply for a section 87 work licence. But a work licence application can take a number of weeks, or even a couple of months, to come before the court and be finally heard.
Because a mid range charge usually means an immediate licence suspension, the person would otherwise have to stay off the road until the work licence hearing. Josh describes the section 79E application as more of an emergency application: a way to get back on the road and have the police suspension lifted while waiting for the work licence court date.
The paperwork
Josh says a person who has to drive for work and has been put off the road will want to move quickly. They need an affidavit from themselves, and, if they have an employer, an affidavit from the employer too. If they are self-employed, it is just their own. The affidavits outline the need to drive for work, that the job is on the line if they cannot drive, the hours they need to drive, and other considerations.
He says preparing a section 79E application is very similar to preparing a section 87 work licence application. It is a technical application, and much of its success comes down to knowledge of the law and the paperwork submitted to the court and the police prosecutors.
Key general information from this Queensland section 79E application video
General information only, not legal advice, as at October 2026. Every case turns on its own facts.
- Alcohol limits: Queensland’s drink driving offences are set out in the Transport Operations (Road Use Management) Act 1995 (Qld).
- What the legislation says about section 79E: The replacement licence carries a code showing that the holder may drive only under the section 79E order.
- Suspensions, variations and later charges: If a person’s circumstances change, TMR’s special hardship order page notes that a variation can be sought using the form “Variation of special hardship order or section 79E order” (F4375), lodged with the Magistrates Court.
- Work licences: Queensland has a “restricted licence”, commonly called a work licence, under section 87 of the Transport Operations (Road Use Management) Act 1995.
Further reading and related videos
Boorman Lawyers has more on Queensland drink driving offences, work licences after drink driving and the Queensland DUI court process. Its Queensland DUI site covers drink driving matters across Queensland.
On this site, see Josh’s explainers on how to get a work licence and mid range drink driving, and a Cleveland work licence case, or browse all Queensland and drink driving videos.
This post has no DIY DUI link because a section 79E application is a licence application, not a guilty plea.
