Traffic Law

Extraordinary Driver’s Licence Applications 

In Western Australia people who have had their motor driver’s licence cancelled can apply to the Magistrates Court for an extraordinary drivers licence. The grant of an extraordinary licence is at the discretion of the court.

When Can I Make An Application For An Extraordinary Licence?

The time at which an extraordinary licence can be made will depend upon the offence for which your licence is disqualified or suspended. The time period can vary from within 21 days after being convicted and disqualified to 4 months. If an application for an extraordinary licence is successful the court will grant to the applicant an extraordinary drivers licence (with conditions) for a period not exceeding 12 months from the date on which it is granted.

What Matters Does The Court Consider For An Extraordinary Licence Application?

Under the Road Traffic Act when making a decision whether to grant an extraordinary licence to an applicant the court must have regard to the following:

  • The safety of the public generally;
  • The character of the applicant;
  • The circumstances of the case;
  • The nature of the offence or offences giving rise to the disqualification;
  • The conduct of the applicant subsequent to the disqualification.

Despite the above court must not make an order for an extraordinary licence unless it is satisfied that the refusal of the application would —

  • deprive the applicant of the means of obtaining urgent medical treatment for an illness, disease or disability known to be suffered by the applicant or a person who is a member of his or her family; or
  • place an undue financial burden on the applicant or his or her family, by depriving the applicant of his or her principal means of obtaining income; or
  • deprive the applicant or a person who is a member of the applicant’s family of the only practicable means of travelling to and from the place at which the applicant or that person, as the case may be, is employed.

Can Anyone Who Has Been Disqualified From Driving Make An Application For An Extraordinary Licence?

Unfortunately not everyone who has had their licence disqualified or suspended can make an extraordinary licence application. The following situations will preclude a person from making a valid extraordinary licence application:

  • Persons who have had their interstate drivers licence suspended or disqualified.
  • Persons who are subject to a demerit point suspension.
  • Persons who are disqualified because of a licence suspension order under the Fines, Penalties and Infringement Notices Act 1994.
  • Persons who are disqualified from driving because of a disqualification notice issued by a police officer.

It is a licence granted by the court to people who have had their drivers licence cancelled. This is done at the discretion of the court and generally has conditions attached.

To apply, you must apply to the court in the given time period – this period can vary from within 21 days after being convicted and disqualified to 4 months. You must satisfy the court that, unless you are granted an EDL, it will result in:

  • You being deprived of the means of obtaining urgent medical treatment for an illness, disease or disability known to be suffered by you or a person who is a member of your family; or
  • Having an undue financial burden placed on you or your family, by depriving you of your principal means of obtaining income; or
  • You being deprived of the only practicable means of travelling to and from the place at which you are employed.

The following situations will preclude a person from making a valid application for an extraordinary licence:

  • Persons who have had their interstate drivers licence suspended or disqualified.
  • Persons who are subject to a demerit points disqualification.
  • Persons who are disqualified because of a licence suspension order under the Fines, Penalties and Infringement Notices Act 1994.
  • Persons who are disqualified from driving because of a disqualification notice issued by a police officer.
 

What Happens If My Licence Application Is Sucessfull?

If you are successful in your application for a EDL you will need to present your court order to the Department of Transport so that your licence can be issued before you can drive. There may also be other conditions that you will need to comply with depending on your traffic conviction/s such as the Department of transport's Alcohol Interlock Scheme. 

What Do I Do Next?

If you need to apply for an extraordinary licence get in touch with us on 08 9278 2575 for representation and advice from an experienced traffic lawyer.

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