QLD law Drink driving

Queensland Section 79E Application Video: A Replacement Licence After an Immediate Police Suspension (QLD)

Jurisdiction
Queensland
Court
Not a court case (explainer video)
Charges
Explainer: section 79E applications for a replacement licence after an immediate police suspension in Queensland
Outcome
Not applicable (explainer video).
Filmed
March 2022

Summary

Josh Boorman explains section 79E applications, which can allow a person whose licence was immediately suspended after a drink driving charge to drive under restrictions while waiting for court. He covers eligibility, how it fits with a section 87 work licence and the affidavits needed.

Key takeaways

  • A section 79E application can follow an immediate police suspension for drink driving.
  • Josh says it can allow restricted driving, such as for work, before the case is finished.
  • He says it is often used by mid range offenders waiting for a work licence hearing.
  • Eligibility includes a Queensland licence and no other licence loss in 5 years, he explains.
  • Affidavits from the applicant and any employer are needed, as for a work licence.

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.

Frequently asked questions

What is a section 79E application?

Josh describes it as an application to the court for a replacement licence when police have immediately suspended a licence after a drink driving charge. The Act says the court may authorise the person to drive in stated circumstances.

When is it usually used?

Josh says it typically comes into play for mid range charges, where the licence is immediately suspended and the person is waiting weeks or months for a section 87 work licence hearing.

Can a person drive as soon as the order is made?

The Act says the person is not authorised to drive until they obtain a replacement licence under section 79F; until then the suspension continues.

What evidence is needed?

Josh says an affidavit from the applicant and, if they have one, from their employer, covering the need to drive for work, the risk to their job and the hours they need to drive.

Who is eligible?

Josh says the person must have been put off the road at the time of the charge, hold a Queensland licence, and not have lost their licence in the last five years except for SPER default payments. He notes there are other eligibility issues too.

Read the video transcript

Hi, it's Josh from Boorman Lawyers, and in this video I want to talk to you about applying for a replacement licence in Queensland uh under section 79E of the Transport Operations Road Use Management Act. This application to the court is a specific application that you can apply for when you've been generally it's when you've been charged with a drink driving offence and the police immediately suspend your licence at the time of the charge. So, that basically means if you uh charged on the 1st of January and your court date is not till the 20th of January, well, the police put an immediate licence suspension uh suspension on your licence on the date of the charge on the 1st and you must remain suspended right through until your court date.

This particular application to uh immediately apply for a replacement licence uh means that you can fill out an application form, take it to the court registry, uh and and uh apply to have a court date brought on as quickly as possible in order to um obtain a replacement licence. So, this would effectively lift immediate police suspension that was put on your licence on the date of the charge and would allow you to drive generally for certain with certain restrictions such as perhaps for uh work um or if there was any unusual hardship circumstance which applied to you.

But, there is generally a um eligibility criteria to be eligible to apply for a replacement licence. So, obviously you you would have to have been put off the road immediately at the time of charge. You have to have a Queensland driver's licence. You can't have lost your licence for any reason in the last 5 years with the exception of um uh default SPER payments. There are some other um issues, eligibility issues that need to be provided to the court to be eligible to apply for a section 79E um replacement licence.

Generally, where this application will come into play is that if a person has been charged generally for a mid-range drink driving offence where the blood alcohol reading is over .10 or and under .150, that can still mean that they will be they can be eligible to apply for a work licence, a section 87 work licence. However, um the application for a work licence can take a number of weeks to come before a court and can even take a couple of months to come before the court and to be finally heard.

And if you have been placed under an immediate licence suspension, which is usually the case for middle-range drink driving offences, then you would have to remain off the road right up until that final work licence application court date is dealt with. So, the section 79E application is for a replacement licence. If you have to drive for work, then this application is for you and you've been put off the road. You will want to hustle. You want to get your application on before the court. You would need to put together an affidavit from yourself.

If you're self-employed, it would just have to be from you. If you uh have an employer, then you'd need an affidavit from your employer and an affidavit from yourself outlining the fact that you do need to drive for work, that your job is on the line if you cannot um drive for work, and the hours that you need to drive, and other sort of um uh considerations that need to be taken into account for you to be on the road. So, it it's generally the preparation of a section 79E replacement licence is very similar to a section 87 work licence.

It's just that it's more of an emergency application to get you back on the road and have the police suspension lifted whilst you're waiting for your work licence court date to come about. So, it is a bit of a technical application. A lot of the success in these applications does come down to the knowledge of the law and the the paperwork that is submitted to the court and the police prosecutors. Um so, by all means, we do a lot of these.

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.