In extenuating circumstances, Texas law provides a solution for teens needing a driver’s license with the Texas Hardship License— an exemption tailored specifically to accommodate the unforeseen challenges or unique responsibilities that some minors experience.
While the Texas Hardship License provides qualifying minors the ability to bypass the general licensing timeline, it is crucial to recognize and comprehend the intricacies of the permit, the necessary requirements and the application process.
What we’ll cover here
- What is a Hardship License?
- Age Requirements for Texas Hardship License Approval
- Situations Allowing the Issuance of a Hardship License
- Validating Texas Hardship License Eligibility
- Requirements for Obtaining a Texas Hardship License
- How Long is the Wait for a Hardship License?
- Step-by-Step Process for Obtaining a Texas Hardship License
- Hardship License Fees and Expenses
- Restrictions on Driving with a Minor Restricted Driver License
What is a Hardship License?
The Texas Hardship License, officially known as the Minor Restricted Driver License (MRDL), is a specific license to help younger people facing tough situations who urgently need driving privileges.
To qualify, applicants must meet two key criteria: meeting one or more of the necessary hardships detailed under the Texas Administrative Code and completion of the preliminary licensing requirements.
Individuals who meet both of these requirements can apply for the license, and upon approval, qualifying individuals are granted a MRDL. The Texas Hardship License’s primary function is to grant minors the ability to drive without the mandatory presence of a licensed 21-year-old in the passenger front seat, a fundamental requirement of the learner’s permit.
This exemption provides minors facing these hardships with the necessary means to fulfill their essential duties and responsibilities associated with the hardship.
Age Requirements for Texas Hardship License Approval
Navigating the process of obtaining a Texas Hardship License involves understanding specific criteria. To be eligible for this specialized license, individuals must be at least 15, but the exact age requirements may vary circumstantially, making the range for the license 15-17 years of age.
Once Texans turn 18, all preliminary or minor licenses expire and individuals can follow the regular licensing process.
Situations Allowing the Issuance of a Hardship License
Although the Texas Administrative Code outlines the various hardships that qualify individuals for the Texas Hardship License, it is important to clearly understand each circumstance to ensure success for those applying.
Unusual Economic Hardship
Unusual economic hardship, as outlined in the Texas Administrative Code and the Texas Transportation Code refers to financial difficulties that extend beyond the typical challenges faced by individuals or families. It encompasses unique and unforeseen economic burdens that significantly impact one’s ability to meet basic financial obligations or pursue necessary life activities.
The Qualifying Economic Hardships:
- Married individuals who do not live with parental guardians, or non-married individuals responsible to maintain a home (head of household)
- Individuals who have children and are responsible for the welfare of the children
- Only member of the household who is eligible for a driver’s license (such as the head of household is not eligible)
- Head of household works away for periods of time leaving applicant to sustain household while they are away (such as an older sibling taking care of younger siblings and household duties)
- Students who must work to support themselves or others and being driven would cause another family member to have to leave work
- Public transportation for traveling to and from school is unavailable, note that this does not include extracurricular activities (a common question amongst teens)
- Individuals required to participate in farming if farming is the family’s main source of income
Illness/Sickness/Disability of Family Members
This situation, as per the Texas Administrative Code, pertains to instances where a family member’s health condition significantly impacts the individual’s ability to carry out daily responsibilities and necessitates the presence of a driver for caregiving or support purposes. It acknowledges the challenges posed by health-related issues within the family unit, warranting special consideration for obtaining a Texas Hardship License.
Because of the nature of the hardship, there are various instances where individuals might qualify, but it is important to note that proper documentation from licensed practitioners are required. Essentially, two factors would be taken into consideration when applying for the Texas Hardship License under this hardship criteria:
- Severity of the Condition: The illness, sickness, or disability should be of such severity that it impedes the family member’s ability to perform daily activities independently.
- Necessity for Care or Assistance: The health condition must require regular care, assistance, or transportation, creating a substantial and immediate need for the individual to drive.
Examples of Illness/Sickness/Disability Hardships:
- Chronic Medical Conditions: Conditions such as diabetes, epilepsy, or severe allergies requiring frequent medical appointments or immediate attention.
- Disabilities Requiring Transportation: Physical disabilities or impairments that limit a family member’s mobility and necessitate transportation for medical appointments, therapy, or essential activities.
- Mental Health Challenges: Mental health conditions, such as severe depression or anxiety, where the affected family member requires ongoing support and companionship.
- Terminal Illness: Situations where a family member is diagnosed with a terminal illness, and the individual is responsible for providing caregiving and support during the treatment period.
Death-Related Emergency
- Define the criteria for a death-related emergency.
- Provide examples of situations that may lead to the issuance of a hardship license.
Although it is not detailed directly in the Texas Administrative Code, the application does indicate that the event of death does constitute a valid criteria for the Texas Hardship License. The provision for the death related emergency recognizes and accommodates the complications and hardships that the loss of life can have.
Examples of Death-Related Emergencies:
- Estate Matters: Urgent matters associated with managing the deceased person’s estate, such as legal responsibilities or property-related tasks.
- Legal Obligations: Responsibilities related to legal obligations or procedures following the death, which require the individual’s prompt attention and participation.
- Custodial Responsibilities: Situations where the individual is responsible for the care or support of dependents affected by the death, demanding their immediate presence.
Driver License Necessity for Enlisting in Career
The Texas Administrative Code recognizes that the educational pursuit of certain career paths may necessitate immediate and independent transportation, making it essential for individuals enlisting in specific career or vocational educational programs to obtain a hardship license.
The specific conditions are not detailed within the code as this is a very circumstantial hardship but a certification is required when applying under this provision.
Examples of Relevant Conditions:
- Limited Public Transportation Access: If vocational or trades schools are located in areas with limited or no access to public transportation, students may require a hardship license to commute to and from school independently.
- Non-Traditional School Hours/ Irregular Schedules: Some vocational or trades programs may have non-traditional hours, such as evening classes or weekend sessions. A hardship license allows students to manage their own transportation schedule without relying on others.
- Internship or Apprenticeship Requirements: Certain vocational programs may include internship or apprenticeship components that demand students to travel to job sites.
- Work-Study Programs/Job Placements: Vocational schools often integrate work-study programs where students alternate between academic studies and practical work experience. A hardship license facilitates transportation to and from the workplace.
Validating Texas Hardship License Eligibility
Accurate and complete documentation is paramount when applying for a Texas Hardship License. Each piece of documentation serves as evidence of the specific hardships that warrant consideration for the license.
Applicants should ensure that all required documents are not only accurate but also provide a clear and comprehensive picture of the circumstances leading to the application.
Especially when applying for a Texas Hardship License based on financial hardship, it’s crucial to present a comprehensive set of documents that clearly illustrate your economic challenges.
A Guide to Strengthening Your Case:
- Begin by gathering income-related documents such as recent pay stubs, tax returns, and proof of government assistance if applicable.
- Provide records of monthly expenses, including bills and medical costs, and highlight any educational expenses. Employment verification, in the form of a letter from your employer detailing your financial situation, can strengthen your case.
- Additionally, include recent bank statements demonstrating your financial standing and any outstanding debts.
- Legal documents, such as court orders or agreements related to financial responsibilities, should also be included.
Compile these materials systematically and accompany them with a personal statement explaining the impact of your financial hardship on meeting standard licensing requirements. Organize the documentation clearly and adhere to the guidelines provided by the Texas Department of Public Safety (DPS) for submitting hardship license applications.
Once the application is submitted, it undergoes a review process by the Texas Department of Public Safety. This involves an assessment of the provided information and documentation to determine eligibility.
Requirements for Obtaining a Texas Hardship License
Now that we have identified and detailed the qualifying hardships, the first of the two key factors of the Texas Hardship License, we can address the second key factor: completion of the preliminary licensing requirements.
This aspect of the process ensures that applicants have fulfilled the necessary prerequisites for responsible driving before being granted a hardship license.
Driver Education
All applicants are required to have recognized driver training, which is a total of 32 hours. The training is also part of obtaining their learner’s license and it must be training recognized by the Texas Department of Licensing and Registration (TDLR). There are three different types of driver training; a class offered through public education if available, a certified commercial driving school (online or in person), or parental education.
It is important to note that you are eligible to take driver training as young as 14 years of age, but licensing to drive does not occur until the age of 15.
Learner’s License
Applicants for a hardship license must successfully obtain a valid Learner’s License, issued in the state of Texas. To do so you must be at least 15 years of age which is also a requirement of the MRDL. The Texas Department of Public Safety outlines the specific requirements for obtaining a learner’s license in more depth, and provides resources for the required documentation.
One exemption is that applicants of the Texas Hardship License are exempted from having to hold the license for 6 months, which is otherwise the minimum amount of time one can hold the license before applying for a provisional license at the age of 16.
The Final Application Form
Once the above requirements have been met, applicants must fill out the Texas Hardship License Application. This application serves as the formal request for consideration of a hardship license and requires careful completion. It includes personal information, details about the qualifying hardship, and documentation of the completion of driver education and proof of a learner’s license.
Applicants should ensure that all information is accurate and that any supporting documentation is included.
How Long is the Wait for a Hardship License?
The processing time for a Texas Hardship License can vary based on several factors, including the completeness of the application, the accuracy of the provided information, and the workload of the Texas Department of Public Safety (DPS) at the time of submission.
After submitting the application, the DPS reviews the application, verifying the provided information and ensuring all required documentation is included. The thoroughness and accuracy of the application can significantly impact the processing time.
After the review, the DPS makes a decision on the application. If denied, the DPS provides reasons for the denial, and the applicant may need to address any deficiencies and reapply.
The entire process may take several weeks, and even months depending on the factors mentioned above. Keeping track of any communication from the DPS and promptly addressing any requests for additional information can help expedite the process.
Step-by-Step Process for Obtaining a Texas Hardship License
Now that we have detailed the necessary requirements and the hardship provisions, let’s break down the process step-by-step for obtaining a Texas Hardship License.
1. Completion of Driver Education: Enroll in a state-approved driver’s education course recognized by the Texas Department of Licensing and Registration (TDLR). Complete the training, which is a prerequisite for obtaining a learner’s license.
2. Obtain a Learner’s License: Successfully secure a valid Learner’s License issued in the state of Texas. Applicants must be at least 15 years old, aligning with the Minor Restricted Driver License (MRDL) age requirement.
3. Confirm Eligibility for a Hardship License: Assess personal circumstances to confirm eligibility for a Texas Hardship License. Qualifying hardships may include unusual economic hardship, illness or disability of family members, death-related emergencies, or career education.
4. Gather Required Documentation: Collect all necessary documentation supporting the qualifying hardship. This may include proof of financial hardship, medical documentation, or other relevant evidence depending on the specific circumstances.
5. Complete the Texas Hardship License Application: Fill out the Texas Hardship License Application accurately and thoroughly. Provide personal information, details about the qualifying hardship, and documentation of completed driver education and learner’s license.
6. Submit the Application: Submit the completed application along with all required documentation to the Texas Department of Public Safety (DPS). Ensure that the submission is complete and accurate to avoid delays.
7. Review and Processing: The DPS reviews the application, verifying the information and assessing eligibility based on the provided documentation. The processing time may vary, and applicants should be patient during this stage.
8. Approval or Denial: The DPS makes a decision on the application. If approved, the applicant is issued the Texas Hardship License. If denied, the DPS provides reasons for the denial, and the applicant may need to address any deficiencies and reapply.
9. Receive the Texas Hardship License: If approved, the Texas Hardship License is issued to the applicant. Understand and adhere to the specific conditions and restrictions outlined by the Texas Administrative Code for driving with a hardship license.
Actions to be Taken After the Application Process:
Hopefully at this point of the process you are now the proud and responsible holder of a valid Texas Hardship License, but as with all government/legal documentation and permits be sure to follow the requirements of the license.
Remember to drive responsibly, and consider the expiration date of the license, as the license expires in a year on the applicant’s next birthday. Following the expiry, you can apply for a Provisional License, or a GDL.
Hardship License Fees and Expenses
The fee for minor Driver’s Licenses in Texas is $16; however, it’s crucial to note that this amount solely covers the license fee and does not encompass all the additional costs associated with meeting the requirements for obtaining the Texas Hardship License.
It’s also important to factor in the time required for fulfilling these additional requirements.
Other costs/expenses associated with obtaining the Texas Hardship License:
- Driver Education: approx. $90
- Road Test: $25
- Learners License: $16
Restrictions on Driving with a Minor Restricted Driver License
Reiterating a crucial point, it’s imperative to emphasize that the Texas Hardship License strictly prohibits driving beyond the specific conditions outlined in the granted hardship.
For instance, using the license for essential activities such as trips to the store for household necessities, commuting to work or school, or traveling to the hospital align with the qualifying hardships. However, utilizing the license for recreational activities is NOT considered valid. It is essential to drive responsibly, as accumulating two violations within a year can lead to the suspension of the license.
Stay mindful of the approved purposes to maintain the validity of your license.
Ben has vast experience in defending criminal cases ranging from DWIs to assault, drug possession, and many more. He has countless criminal charges dismissed and pled down. Among many other awards, one of the Top 10 Criminal Defense Attorneys in Texas and winner of Top 40 under 40.
Ben has vast experience in defending criminal cases ranging from DWIs to assault, drug possession, and many more. He has countless criminal charges dismissed and pled down. Among many other awards, one of the Top 10 Criminal Defense Attorneys in Texas and winner of Top 40 under 40.