Transport Operations (Road Use Management—Driver Licensing) Regulation 2021

A person who has a suspended open licence or provisional licence is not eligible to apply for a special hardship order if, within 5 years before the licence was suspended—

a Queensland driver licence held by the person was suspended or cancelled, or the person was disqualified from holding or obtaining a Queensland driver licence; or

the person’s authority to drive on a Queensland road under a non-Queensland driver licence previously held by the person was suspended; or

the person was not eligible to hold a Queensland driver licence under section 280, 281, 282, 283 or 287 or the expired regulation, section 84 or 88; or

the person was convicted of an offence against the Criminal Code, section 328A.

For subsection (1)(a), the reference to a suspension, cancellation or disqualification does not include the following—

a suspension under section 79(9) of the Act;

a suspension under section 79B(2) of the Act;

a 24-hour suspension under section 80(22AA) of the Act;

a suspension or cancellation that has been set aside under section 388(1) or the expired regulation, section 132;

a suspension, cancellation or disqualification that has been set aside by QCAT or a court;

a suspension, cancellation or disqualification because of the person’s mental or physical incapacity;

a suspension under the State Penalties Enforcement Act 1999, section 105;

a suspension under the Transport Operations (Passenger Transport) Act 1994, section 91ZJ.