If your circumstances change after your limited licence is granted, you do not need to simply live with conditions that no longer fit. You can apply to the court to vary the conditions — but until the variation is granted, the original conditions remain in force.
When to apply for a variation
Common reasons for seeking a variation:
Change of employment
- New job with different hours, location, or driving requirements
- Promotion or role change that alters your driving needs
- Additional part-time or casual employment requiring driving
Change of address
- Moved house, so the routes between home and work have changed
- The current boundary map no longer covers your home-to-work route
Change of hours
- Employer has changed your roster or shift pattern
- Seasonal work changes (e.g. longer hours in summer)
New hardship ground
- Medical appointments that did not exist when the licence was granted
- A dependant who now requires transport (e.g. new child, elderly parent)
Reduction of conditions
- No longer need weekend driving
- Changed jobs and the new role requires a smaller driving area
- Completed medical treatment and no longer need medical driving conditions
The variation process
Step 1: Prepare the application
File a variation application with the court. This should include:
- The original limited licence order (case number and date)
- A new affidavit explaining why the conditions need to change
- Supporting evidence for the new conditions (new employer affidavit, updated boundary map, medical certificate)
- The specific conditions you are seeking
Step 2: Serve on the police prosecutor
As with the original application, serve a complete copy on the PPS office. The prosecutor will review and decide whether to oppose the variation.
Step 3: Attend the hearing
The court will schedule a hearing for the variation. The process is similar to the original hearing — you present submissions, the prosecutor indicates their position, and the judge decides.
What you do NOT need to re-prove
A variation application does not require you to start from scratch. The court has already:
- Confirmed your basic eligibility (no statutory bars)
- Accepted that hardship exists
- Granted the limited licence
The variation hearing focuses narrowly on:
- Why the conditions need to change
- Whether the new conditions are appropriate
- Whether the change is consistent with public safety
Important: existing conditions remain in force
Until the court grants the variation, your original conditions apply. This means:
- You cannot drive to a new workplace that is outside your current boundary
- You cannot drive during hours not covered by your current conditions
- You cannot drive for a purpose not specified in your current order
Driving outside your current conditions while a variation is pending is a breach — the pending application is not a defence.
Police-initiated variation
The police can also apply to vary your conditions — typically to make them narrower. This might happen if:
- Evidence emerges that conditions are being abused
- Your circumstances have changed and the original conditions are no longer appropriate
- Public safety concerns arise
If the police apply to vary your conditions, you will be served with their application and have the opportunity to respond at a hearing.