Applying for a work licence must be done either before, or on the day, that a person is disqualified by the court. Courts almost always impose the mandatory disqualification for drink and drug driving offences on the day that they pass sentence, this means that an application has to be prepared and made on the day a person goes to court to plead guilty.
An application for a work licence requires 3 things:
- A designated application form,
- An affidavit from the applicant which sets out why they should be granted a restricted licence, and
- An affidavit from the applicant’s employer setting out the implications that a licence disqualification will have for their employment.
Self-employed individuals will prepare a single affidavit setting out their need for a restricted licence and the implications for their business if they are not able to drive.
The format of the application is set out by law (it must be made ‘in the approved form’) so it is very important that the correct form is used. Furthermore, the format and content of an affidavit for a work licence is quite particular and we strongly advise that, if you wish to apply for a work licence, you prepare your application and supporting material correctly to avoid delay and, at worst, a refusal.
Once the material is prepared, the process for making the application requires the applicant to ‘file and serve’ their application and affidavits. This means filing a copy of the application with the registry of the court which will sentence them and serving a copy of those same documents on the relevant prosecuting authority (almost always the Police Prosecution service).
Assuming this is all done prior to the court date, it is very important that a person confirms with the Magistrate who is sentencing them that their application is on the court file – DO NOT assume that the Magistrate has your application in front of them just because you have filed it.