September 14, 2012
THE BELTZ LAW FIRM
It is often asked by clients, what must the order granting an occupational license state to be valid so that the Texas Department of Public Safety will issue the occupational drivers license. Fortunately, the Transportation Code lists the minimum requirements under the law as follows:
Sec. 521.248. ORDER REQUIREMENTS. (a) An order granting an occupational license must specify:
(1) the hours of the day and days of the week during which the person may operate a motor vehicle;
(2) the reasons for which the person may operate a motor vehicle;
(3) areas or routes of travel permitted;
(4) that the person is restricted to the operation of a motor vehicle equipped with an ignition interlock device, if applicable; and
(5) that the person must submit to periodic testing for alcohol or controlled substances, if applicable.
(b) The person may not operate a motor vehicle for more than four hours in any 24-hour period, except that on a showing of necessity the court may allow the person to drive for any period determined by the court that does not exceed 12 hours in any 24-hour period.
(c) An order granting an occupational license remains valid until the end of the period of suspension of the person’s regular driver’s license.
As stated earlier, these are the minimum requirements and can be elaborated upon by the judge but cannot be restricted or enhanced by the judge to make the standard more difficult. In other words, the judge can be more specific in his/her order but cannot make you do something against the provisions and requirements outlined in the statutes pertaining to occupational licenses.
Of course, if we are retained to represent you in obtaining an occupational license, then you have nothing to worry about because our experienced attorneys will insure that the order is fairly and lawfully issued.
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