Licence Eligibility Order Guide

You will need to apply for a Licence Eligibility Order if you've been disqualified from obtaining a driver’s licence due to:
 
  • a drink driving offence
  • a drug driving offence
  • a combined drink and drug driving offence
  • a serious motor vehicle offence
  • an offence of dangerous or negligently driving while pursued by police
  • an offence of theft or attempted theft of a motor vehicle
  • if the disqualification was under s89A of the Sentencing Act 1991 (this should be noted in the court order).
The guide below outlines what you are required to do to obtain a Licence Eligibility Order, including whether an Alcohol Interlock Condition must be imposed on your licence.

Go to the Licence Eligibility Order Guide


NOTE: If this is your first drink driving offence*, and either: 

 

a.       your offence was committed before 1 October 2014 and your Blood Alcohol Concentration (BAC) was below 0.07; or

b.       your offence was committed on or after 1 October 2014 and your BAC was below 0.10


you are not required to obtain a Licence Eligibility Order to be re-licensed. 


Please contact VicRoads directly for further information about obtaining your licence on 13 11 71 or at the VicRoads website


*Does not include a combined drink and drug driving offence

Go to the Licence Eligibility Order Guide

Note: Any reference to a ‘licence’ is to be read as a reference to a licence (full or probationary) or a learner permit.


I need a court order before VicRoads will re-issue my licence. What do I need to do?  


For the purposes of restoring your licence, the relevant court order is called a ‘Licence Eligibility Order’. To obtain this order, you will need to attend the nearest Magistrates’ Court venue to where you reside to make an application for the order.

You will need to provide the Court with information regarding your offence (e.g. date of offence, which offence you were disqualified from driving for, the BAC level recorded if applicable).

There are two ways that a person may be disqualified from obtaining a licence for offences such as drink and/or drug driving or other applicable offences (eg. assault, theft, possess drugs):

  1. Following an on-the-spot ticket
  2. By order of a court

If you lost your licence as a result of an on-the-spot infringement, the disqualification period usually operates 28 days after the issue of the infringement. In this situation, for the purpose of making an application for Licence Eligibility Order, you must supply the Court with a copy of the infringement notice or an extract of your driving history, which is obtained from VicRoads. The notice or extract will contain the necessary details regarding your offence.

If you lost your licence at a Victorian Magistrates' Court, these details should be recorded in the court register, however you should supply any information you have in order to identify the correct record.

The Court will ask for the applicable fee and fix a hearing date for your application. The hearing date must be at least 28 days after you file your application and be a date after your disqualification period has ended. You may file your application prior to the end of the disqualification period, but the Court can only hear it once the disqualification period is finished. Accordingly, it is recommended that you attend the Court at least 28 days before your disqualification period ends to file your application and pay the fee.

During the period between the filing of the application and the hearing date, the police will contact you to arrange an interview regarding your application.

If your application for a Licence Eligibility Order is successful, you will be given a form to take to VicRoads so that you can arrange to have your licence re-issued.

Note: You may also be required to undertake an education program, obtain a licence eligibility report or undergo an assessment before your Licence Eligibility Order hearing date. 

If you are unsure whether any or all of these requirements apply to you, please go to our Driver's Licence Eligibility Order Guide which will ask you a series of questions regarding the offence and provide you with a summary of what needs to be completed before your hearing date. Alternatively, contact your nearest Magistrates’ Court for further advice.

Do I need to complete a Driver Education Program before applying to the Court?

An accredited driver education program is mandatory under law for the following offences:

  •  A drink driving offence (first offence only) with a BAC reading less than 0.15, where the offender was under 25 years of age at the time of the offence;
  • Certain drug driving offences (first offence only), where the offender was under 25 years of age at the time of the offence;
  • A combined drink and drug driving offence (a first, second or subsequent offence and for any age).

Note: nearly all magistrates and judicial registrars in Victoria require that you complete a driver education program to gain a better understanding of the effects of alcohol and/or drugs in your system and how it impairs your driving ability.

A magistrate or judicial registrar may refuse an application for a Licence Eligibility Order or adjourn the application in order for you to complete a driver education program.

It is therefore advisable that you complete the relevant accredited driver education program prior to your hearing to ensure there are no delays in getting your licence back.

Do I need to obtain a Licence Eligibility Report before attending court?

You must obtain a Licence Eligibility Report within 28 days of the Court hearing in the following circumstances:
 

  • for any drink driving offence if the BAC recorded was above 0.15
  • for any subsequent drink driving offence if the BAC recorded was below 0.15
  • offences of driving under the influence of intoxicating liquor (alcohol) or any refusal drink driving offence
  • offence of driving under the influence of a drug or impaired by a drug
  • any refusal drug driving offence (except refusal to provide oral fluid sample)
  • for any combined drink and drug driving offence
  • any other offence where a finding was made that the offence was committed under the influence of alcohol and/or drugs.

If the above circumstances do not apply to you, a magistrate or judicial registrar may request that you obtain a Licence Eligibility Report before determining your application for a Licence Eligibility Order.

Do I have to complete an Alcohol and/or Drug Assessment before attending court?

Certain persons required to get a Licence Eligibility Order from the Court before being re-licensed need to complete an alcohol and/or drug assessment (as the case requires) from an accredited agency before attending court. Whether a person requires an assessment depends on which offence they were charged with, the date of the offence or if a finding was made that the offence for which they lost their licence was committed under the influence of alcohol and/or drugs.

The following table sets out which offences require an alcohol and/or drug assessment and the minimum period required before the application for a Licence Eligibility Order for the report to be obtained.

IMPORTANT: You may have to obtain an assessment up to a year before the application.

Offence

Offence No.

Date of offence

Minimum period before application for report to be obtained

Drive under the influence of intoxicating liquor (alcohol)

First

Before 11/10/2006

12 months

Drink driving offence where BAC recorded is 0.15 or above

First

Before 11/10/2006

12 months

Drink driving refusal offence

First

Before 11/10/2006

12 months

Driving under the influence of a drug

Any

Any

12 months

Driving whilst impaired by a drug

Any

Any

6 months

Refuse drug assessment

Any

Any

6 months

Refuse to provide blood/urine sample for drug testing

Any

Any

6 months

Refuse to remain in place to undergo drug assessment

First

Before 11/10/2006

12 months

Manslaughter*

First

On or after 1/11/2001 but before 1/10/2014

12 months

Negligently cause serious injury*

First

On or after 1/11/2001 but before 1/10/2014

12 months

Culpable driving causing death*

First

On or after 1/11/2001 but before 1/10/2014

12 months

Dangerous driving causing death or serious injury*

First

On or after 13/10/2004 but before 1/10/2014

12 months

Dangerous or negligent driving while pursued by police*

First

On or after 30/9/2013

12 months

Theft or attempted theft of motor vehicle*

First

On or after 30/9/2013

3 months

Any other offence*

Any

On or after 30/9/2013

3 months

* Where a finding has been made that the offence was committed under the influence of alcohol and/or drugs


The number of months required to complete the alcohol and/or drug assessment before applying for a Licence Eligibility Order may be reduced in exceptional circumstances only by order of the Court. A separate application is required for this and incurs a fee. Contact your local Magistrates’ Court  for further advice.


Where do I complete drug or drink driver education programs, reports or assessments?

For contact details of accredited agencies who conduct drink and/or drug driver education programs and complete Licence Eligibility Reports and assessments visit www.directline.org.au

Area of Legislation: