How to apply for a restricted licence in Tasmania

If your driver licence has been suspended or cancelled, you may be able to apply for a restricted licence through the Magistrates Court. A restricted licence allows you to drive under specific conditions — such as limited hours, routes, or purposes — while your disqualification is in effect.

The application is made under section 18 of the Vehicle and Traffic Act 1999 (Tas). You will need to show the court that losing your licence causes you severe and unusual hardship. This guide walks through the key steps involved.

This is general information only, not legal advice. Individual circumstances vary and you should speak with a lawyer before taking any steps.

Not everyone who has lost their licence is entitled to apply for a restricted licence. The legislation sets out specific exclusions depending on the type of offence, your licence type, your blood alcohol reading (for drink driving), and your prior driving history.

For example, you cannot apply if you were convicted of driving under the influence (DUI), if your blood alcohol concentration was 0.15 or above, if you refused a breath or blood test, or if you committed the offence during or within three years of a prior disqualification under the Road Safety (Alcohol and Drugs) Act 1970 (Tas). There are also specific rules for learner and provisional licence holders.

Before you invest time in preparing an application, it is worth checking whether you are likely to be eligible. You can use our free eligibility screening tool to get an initial assessment based on the legislative criteria. It takes about two minutes.

A restricted licence application is a court application. It involves preparing a formal written application, compiling supporting evidence, and presenting your case before a magistrate. The court will scrutinise whether your hardship meets the legal threshold and whether issuing a restricted licence is in the public interest.

While you are not legally required to have a lawyer, the process involves legal arguments and procedural requirements that can be difficult to navigate on your own. A lawyer experienced in restricted licence applications can assess the strength of your case, help you gather the right evidence, prepare the application documents, and represent you at the hearing.

If you are unsure whether to engage a lawyer, most firms will offer an initial consultation to discuss your situation and advise on your options.

Section 18(3) of the Vehicle and Traffic Act 1999 sets out what the application must contain. In plain language, you need to provide:

• Your personal details — your full name, residential address, an address for service of notices, and your Australian driver licence number (or former licence number if your licence has been cancelled).
• Your full driving history — details of all motor vehicle offences you have committed, in any jurisdiction (Tasmania, interstate, or overseas). This includes the date of each offence, the court that dealt with it, the penalties imposed, and any traffic infringement notice numbers. You are required to disclose as far as practicable, not just offences related to the current disqualification.
• Details of the current suspension or disqualification — what the disqualification is for, how long it is, and whether you have had any prior suspensions or disqualifications (and if so, the details of those as well).
• Your hardship grounds — this is the most important part of the application. You must set out the severe and unusual hardship that you or your dependants would suffer if the application were refused. This includes a statement of the forms of transport available to you and why they are not adequate for your needs. The hardship must go beyond ordinary inconvenience — common grounds include the need to drive for employment, medical treatment, or caring responsibilities in areas without adequate public transport.
• Proposed conditions — you need to state the specific conditions you are asking the court to impose on the restricted licence. For example: driving only between certain hours, on certain routes, for specific purposes (such as travel to and from work), or in a specific vehicle.
• Statutory declaration — the entire application must be verified by a statutory declaration signed by you. This means you are making the statements under oath, and providing false information is a criminal offence.

Supporting evidence is critical. Depending on your circumstances, this might include a letter from your employer confirming that you need to drive for work, evidence of your family or caring responsibilities, information about the availability (or lack) of public transport in your area, medical evidence, or other documents that demonstrate the hardship you face.

Once your application is prepared, you need to file it with the clerk of the Magistrates Court where you want the application to be heard.

You also need to serve copies of the application on two parties at least seven days before the hearing date (section 18(4)):

• The Registrar — the Registrar of Motor Vehicles.
• Police Prosecutions — the officer in charge of the Police Prosecutions Branch nearest the court to which the application is made.

The seven-day service requirement is strict. If you do not serve the application in time, the hearing may need to be adjourned, which delays the process.

You must attend the Magistrates Court on the hearing date. If you have a lawyer, they will typically present the application on your behalf, although the court may ask you questions directly.

Under section 18(5), the court must be satisfied of three things before it will grant a restricted licence:

• Severe and unusual hardship — the disqualification is imposing, or will impose, severe and unusual hardship on you or your dependants. This is a higher bar than mere inconvenience. The court will examine the evidence you have provided and assess whether the hardship genuinely goes beyond what anyone would experience from losing their licence.
• A restricted licence would help — the court must be satisfied that issuing a restricted licence would actually mitigate or alleviate the hardship. Your proposed conditions should be directly linked to the hardship you have described.
• Not contrary to the public interest — even if you prove hardship, the court can still refuse if it considers that putting you back on the road under restricted conditions would be contrary to the public interest. Factors such as your driving record, the seriousness of the offence, and any risk to other road users may be relevant.

For drink or drug driving offences, the Road Safety (Alcohol and Drugs) Act 1970 imposes additional requirements. Under section 19(2), the court may refuse the application if the applicant suffers from alcohol dependency, and it can require evidence from a medical practitioner on this point.

If the application is granted, the court will make an order specifying the conditions of the restricted licence. You then apply to the Registrar of Motor Vehicles to have the restricted licence issued in accordance with the court order.

The conditions on a restricted licence are tailored to the hardship you have demonstrated. They are not one-size-fits-all. Common conditions include:

• Hours — driving only during certain hours (for example, between 6am and 6pm on weekdays).
• Routes — driving only on specified routes (for example, between your home and workplace).
• Purposes — driving only for specific purposes (such as employment, medical appointments, or caring for dependants).
• Vehicle — driving only a specific vehicle or type of vehicle.

The court has broad discretion in setting conditions. The more clearly you demonstrate your specific needs in the application, the more targeted and practical the conditions are likely to be.

Driving in breach of the conditions on a restricted licence is a criminal offence carrying a fine and potential imprisonment (section 18(10)).

A restricted licence generally remains in force for the period of the underlying suspension or disqualification. Once that period ends, you can apply to have your full licence reinstated (subject to any other requirements, such as completing a re-licensing course).

The court can also vary the conditions of a restricted licence at a later date, or revoke it entirely — for example, if you are convicted of a further driving offence while holding the restricted licence (section 18(8) and (9)). For drink and drug driving offences, the court also has power to increase the remaining disqualification period when it makes the order (section 19(1B) of the Road Safety (Alcohol and Drugs) Act 1970).