If you are the sole director, owner-operator, or majority shareholder of a business, a driving disqualification threatens not just your income but potentially the entire business and the jobs of anyone you employ. This creates a strong case for a limited licence — but the evidence must be thorough because there is no independent employer to vouch for your situation.
The unique position of business owners
As a sole director or owner-operator, you face a challenge that employed applicants do not:
- No employer affidavit — you cannot swear your own employer affidavit confirming your hardship
- Self-interest — the court is aware that business owners have a strong incentive to overstate their case
- Higher evidence threshold — third-party verification becomes essential
The solution is to build an evidence package that demonstrates the business's dependence on your driving through independent, verifiable sources.
Evidence package
Your sworn affidavit
This is the foundation. Cover:
- The business — what it does, when it was established, its legal structure
- Your role — what you personally do, and why driving is part of it
- Driving requirements — specific tasks that require you to drive (client visits, deliveries, site work, supplier runs)
- No substitute — why no employee, contractor, or family member can take over the driving
- Financial impact — what happens to the business if you cannot drive (lost revenue, contract breaches, client loss)
- Employee impact — if you employ others, how their jobs are affected
Financial records
Show the business is real, active, and substantial:
- Latest financial statements or tax returns
- GST returns (showing regular business activity)
- Bank statements (last 3–6 months)
- Revenue breakdown — what percentage of income depends on driving-related activities
Accountant letter
A letter from your accountant or bookkeeper confirming:
- The business is trading and financially active
- Revenue depends on the director's ability to drive
- The financial consequences of losing the licence
Client evidence
Letters from key clients confirming:
- They expect you to attend in person
- They would take their business elsewhere if you could not attend
- The nature of the work requires your physical presence
Employee evidence
If you employ staff:
- Number of employees and their roles
- Their dependence on the business continuing to operate
- Whether any of them could take on the driving tasks (and why not)
The hardship argument for sole directors
Extreme hardship to you
- Loss of business income (potentially total)
- Inability to fulfil contracts or service clients
- Risk of business failure
- Financial obligations (lease, equipment finance, tax) that continue regardless
Undue hardship to others
- Employees who will lose their jobs if the business fails
- Clients who depend on your services
- Family members who depend on the business income
- Subcontractors who rely on your business for work
This dual argument — hardship to you and to others — strengthens the application significantly.
Common business owner scenarios
| Business type | Driving need | Key evidence |
|---|---|---|
| Building/construction director | Site inspections, material runs, client meetings | Job site locations, material suppliers, client letters |
| Courier/delivery owner | Core business is driving | Delivery contracts, route evidence (but note transport service restriction) |
| Farm owner | Property management, stock transport, supplier runs | Farm locations, distance to town, stock movement records |
| Retail shop owner | Stock collection, bank runs, supplier visits | Supplier locations, delivery schedules |
| Consulting business | Client site visits | Client contracts, meeting schedules, travel records |
| Trade business owner | Jobs at multiple sites daily | Client addresses, job scheduling, tools transport |
Transport service restriction
Note: if your business involves driving a transport service vehicle (taxi, ride-share, bus, courier vehicle, or passenger service), section 103 specifically provides that a limited licence cannot authorise this activity. You may still obtain a limited licence for other purposes (e.g. travelling to the depot), but the transport service driving itself cannot be covered.
Tips for sole directors
- Get your accountant involved early — their independent confirmation carries weight
- Provide concrete financial figures — "the business generates $X per month and will lose $Y without my driving" is much stronger than "the business will suffer"
- Address the substitution question — the court will ask why no one else can drive. Answer this directly with specifics about why you are the only option
- Show employee impact — if staff jobs depend on your driving, make this explicit
- Be realistic about conditions — request conditions that match actual business needs, not the broadest possible terms