Shift workers face a particular challenge in limited licence applications: the work hours often fall outside the times when public transport operates. Early morning starts, late evening finishes, overnight shifts, and weekend rostering all strengthen the case for a limited licence — but the conditions need to be carefully tailored to the shift pattern.
Why shift work strengthens the case
The hardship test under s105 requires extreme hardship to you or undue hardship to another person. Shift workers often have an especially compelling case because:
- Public transport does not operate during early morning or late night shift times
- Rotating rosters mean alternative transport arrangements (carpooling, family lifts) are unreliable
- The workplace is often in an industrial or commercial area poorly served by public transport
- Loss of the ability to commute means loss of the job — the employer cannot accommodate non-attendance
Building the evidence
Employer affidavit
The employer affidavit should specifically address:
- The shift pattern — hours, rotation frequency, any on-call requirements
- Why driving is essential for commuting during these hours
- That public transport is unavailable during shift times
- That your position is at risk if you cannot commute
- Whether redeployment to a day shift is possible (and why it is not)
Roster evidence
Provide:
- A copy of your current roster or shift schedule
- The rotation pattern (e.g. 4 days on, 4 days off; 2 weeks days, 2 weeks nights)
- Evidence of any variation in start and finish times
- On-call requirements if applicable
Transport analysis
Show that public transport is not a viable alternative:
- Earliest bus/train — does it arrive in time for your shift start?
- Last bus/train — does it run after your shift ends?
- Weekend service — is public transport available on the days you work?
- Walk from the stop to workplace — how far is it, and is it safe at 5:00 am or 11:00 pm?
Setting the right conditions
Hours
Shift work conditions need to cover the full range of possible shift times:
| Shift pattern | Recommended condition request |
|---|---|
| Standard day shift (7 am – 3 pm) | 6:00 am to 4:00 pm |
| Afternoon shift (3 pm – 11 pm) | 2:00 pm to 12:00 am |
| Night shift (11 pm – 7 am) | 10:00 pm to 8:00 am |
| Rotating (all shifts) | 5:00 am to 12:00 am (or 24 hours if night shift) |
Allow buffer time on either side for commuting.
Days
If you work a rotating roster that includes weekends:
- Request 7 days per week and provide the roster showing weekend work
- Explain that the rotation means any day could be a work day
Area
The boundary should cover:
- Your home address
- The workplace
- The route between them
- Any alternative routes (in case of road works or closures)
Common shift work sectors
| Sector | Shift pattern | Key evidence |
|---|---|---|
| Healthcare (nurses, caregivers) | 8 or 12-hour shifts, rotating | Patient care cannot be delayed; hospital often in suburban or rural location |
| Manufacturing / processing | 3 rotating shifts | Factory hours outside public transport operating times |
| Hospitality | Evening and weekend | Late finishes, public transport often stopped |
| Security | Overnight shifts | No public transport at 2:00 am |
| Transport and logistics | Early starts (4-5 am) | Depot in industrial area, no buses at start time |
| Retail | Split shifts, weekends | Irregular hours, multiple shifts per day |
On-call workers
If your role includes on-call requirements:
- Explain the frequency and unpredictability of call-outs
- Show that you must respond within a specific timeframe
- Demonstrate that relying on taxis or other transport would delay your response unacceptably
The court may grant conditions that allow driving at any time for on-call responses, within the approved area.