Beaudesert Special Hardship Order Case Study: Good Behaviour Licence Breach, Tow Truck Driver Keeps His Licence (QLD)

Jurisdiction
Queensland
Court
Beaudesert Magistrates Court
Charges
Special hardship order application after breaching a good driving behaviour period (3-point speeding offence)
Outcome
Special hardship order granted: 24 hours a day, 7 days a week, tow truck only, in work uniform, for 6 months.
Filmed
April 2022

Summary

A tow truck driver on a good behaviour licence was caught speeding and lost three points, breaching it. With affidavits from him and his boss showing a single income supporting a large blended family, Beaudesert Magistrates Court granted a special hardship order.

Key takeaways

  • He breached his good behaviour licence with a 3-point speeding offence.
  • He is a tow truck driver and the family's single income earner.
  • Affidavits from him and his boss covered his work, family and expenses.
  • He completed the Traffic Offenders Program to show he was a fit and proper person.
  • The order lets him drive his tow truck 24/7 for six months, in uniform.

One last chance at Beaudesert

In this Beaudesert special hardship order case study, Boorman Lawyers appeared at Beaudesert Magistrates Court on a special hardship order application. Our lawyer, Joshua Boorman, explains that this kind of application is available when a driver loses all their points, goes on a good behaviour licence and then breaches it, or when they are caught for high range speeding.

The client had lost all his points and gone on a good behaviour licence, which allowed him two points over 12 months. Halfway through that period he was caught speeding and got three points, breaching the good behaviour licence. Our lawyer describes the application as asking the court for one last chance for him to keep his licence.

Proving financial hardship

Josh needed to prove to the court that the client would suffer significant financial hardship if he could not keep driving. The client is a tow truck driver, so driving is a critical part of his job: if he can’t drive, he can’t work.

His boss prepared an affidavit confirming his work duties and his need to drive. The client also swore a carefully planned affidavit covering his work duties and obligations and his home and family life. He is a single income earner with four children of his own and, as our lawyer describes it, a huge blended family that also includes four foster children. The affidavit broke down his income against his expenses, to show that not much is left at the end of the day and that without his job the family would suffer financial hardship.

A fit and proper person

The court also had to be satisfied that the client was a fit and proper person to be granted a special hardship order. Our lawyer explains that the court looks closely at the person’s traffic record.

The client completed the Traffic Offenders Program, which Josh says always works in clients’ favour on these applications, because it shows they have done traffic education on how to be a better and safer driver.

The outcome

The special hardship order was granted. The client can drive:

  • 24 hours a day, seven days a week;
  • only a tow truck, the only vehicle he drives for work; and
  • while wearing his work uniform at all times,

for a period of six months. Our lawyer says the client was very grateful and relieved to keep his licence, maintain his job and continue to provide for his family.

What this Beaudesert special hardship order case study shows

Breaching a good behaviour period can lead to a longer suspension, which can be very serious for someone who drives for a living. A special hardship order depends on strict eligibility rules and on clear evidence about work, family and finances. Every case is different, and outcomes depend on the facts.

Key general information (QLD)

General information only, not legal advice, as at October 2026. Every case turns on its own facts.

  • Demerit points and good driving behaviour periods: TMR’s open licence demerit points page explains that a Queensland open licence holder who gets 12 or more demerit points within 3 years is sent a notice to choose between serving a licence suspension and continuing to drive under a 1-year good driving behaviour period.
  • Choosing between a suspension and a good driving behaviour period: According to TMR, a driver may receive a warning letter at 7 or more demerit points in a 3-year period.
  • Special hardship orders: A special hardship order is a court order that allows a driver with a suspended Queensland provisional or open licence to keep driving under restricted conditions. TMR’s special hardship order page explains that it is different from a restricted (work) licence for drink or drug driving.

Further reading and related videos

Boorman Lawyers has more on appearing at Beaudesert Magistrates Court, special hardship licences in Queensland and the Traffic Offenders Program in Queensland. Its Queensland DUI site covers traffic and drink driving matters across Queensland.

On this site, see a Southport special hardship order case and a Cleveland work licence case, or browse all Queensland and court town videos.

This post has no DIY DUI link because it is a special hardship order application after a demerit point breach, not a drink or drug driving plea.

Frequently asked questions

What did the court order?

A special hardship order allowing him to drive 24 hours a day, seven days a week, only in a tow truck and in his work uniform, for six months.

How did he breach his good behaviour licence?

Josh explains that the good behaviour licence allowed two points over 12 months, and halfway through he received three points for speeding.

What evidence was used?

Affidavits from his boss and from the client covering his work duties, his family circumstances and a breakdown of his income and expenses, plus his Traffic Offenders Program certificate.

What is a special hardship order in Queensland?

TMR describes it as a court order that lets a driver with a suspended Queensland provisional or open licence keep driving under restricted conditions. It is available where the suspension followed a high speed offence (more than 40 km/h over the limit) or 2 or more demerit points during a good driving behaviour period.

What happens if a driver gets demerit points while on a special hardship order?

TMR says a zero demerit point limit applies while on a special hardship order. If the driver gets any demerit points, their licence is suspended for double the order period.

Read the video transcript

Just appeared here at Beaudesert Magistrates Court today on a special hardship order now that's a sort of application that you can apply for when you lose all your points you go on a good behaviour licence and then you breach that good behaviour driver's licence or if you're done for high range speeding today our client had lost all his points gone on a good behaviour driver's licence two points for 12 months but unfortunately halfway through that period he got done speeding got three points it breached the good behaviour licence

Here we are today to ask the court for one last chance for our client to keep his licence today we were successful we needed to prove the court that our client would suffer significant financial hardship if he was unable to continue driving to do that we got an affidavit prepared by his boss our client's a tow truck driver so he's obviously it's a critical part of his job if he can't drive he can't work so we got an affidavit prepared by his boss to confirm all those details the duties that he has for work his need to obviously drive we're also able to show that

[unclear] would suffer financial hardship if he was unable to drive by preparing a well thought out and planned affidavit from the client himself it went into a whole range of issues such as his work duties work obligations his home and family life the fact he's a single income earner he's got four kids of his own he's also [unclear] four foster children so it's a huge big blended family um and yeah we had to do a breakdown of expenses in the affidavit just to show how much he earned verse how much he spends

You know that there's not going to be a lot left over at the end of the day and that without a job he and his family will suffer financial hardship we also had to prove to the court that our client was a fit and proper person to be granted a special hardship order restricted licence for work and to do that the court looks at his traffic record and and puts a spotlight on that um they also

We got our clients to do the Traffic Offenders Program which also works in his favour to show that he's done some um traffic education on how to uh um be a better and safer driver on the road so it's always um works in our clients favour on these types of applications um we were lucky enough to have our clients special hardship order granted we got him a licence uh 24 hours a day seven days a week the restrictions were that he had to only drive a tow truck which is the only vehicle he drives to work

Uh he has to wear his uniform at all times when he's working um and that's for a period of six months uh very grateful client that he was able to save his licence today maintain his job continue to provide for his family so a very relieved client in that regard um so yeah that's today's matter out of Beaudesert Magistrates Court.

General information only, based on Queensland law at the time of filming. Not legal advice — every case turns on its own facts. Past results don't guarantee future outcomes.