Competent Traffic Law Lawyers
When applying for an extraordinary drivers licence, there can be a lot of hurdles to overcome. With the many legalities involved in the application process, it is best to consult a legal expert who completely understands traffic laws and the sentencing regime. They are also knowledgeable about how the courts deal with traffic matters and the proper course of action for the best outcomes.
What are an extraordinary drivers licence?
An extraordinary drivers licence is a special licence granted at the discretion of the Magistrates Court. It allows someone who has been disqualified from driving by the Court to drive in certain circumstances.
However, a person disqualified from driving under a demerit point suspension cannot apply for an Extraordinary Drivers Licence (EDL).
Grounds for granting an extraordinary drivers licence
There are some factors that the Court will consider when deciding whether or not to grant an Extraordinary Licence to an individual. The Court will consider many factors, including:
- The safety of the general public.
- Your previous driving history and traffic record
- The circumstances of the case.
- The nature of the offence(s) gives rise to the disqualification.
These factors determine the circumstances surrounding the offence for which you lost your licence. The Magistrates Court will also consider the conduct of the applicant since the offence and disqualification. As such, the court will want to know such this as:
- Has your employment situation changed?
- Have your drinking habits changed since your offence?
- Have there been any further convictions or charges laid against you?
- Have you undergone any alcohol or drug counselling?
Furthermore, you will need to satisfy the court on one or more of the following grounds:
- You cannot do your job without a licence;
- You will lose your job if you are not granted an EDL;
- The licence is required for medical purposes.
The court’s decision is discretionary, and the court can only make orders to give an Extraordinary Driver’s Licence if, without a licence, the applicant will be:
- Unable to access urgent medical treatment for an existing illness, disease or disability suffered by the Applicant or a family member;
- Deprived of their principal means of obtaining income
- Deprived of the only practical means of travelling to and from a place of employment for Applicant or family member.
How to apply for an extraordinary drivers licence in WA
First off, you will need to lodge an application form (Form 5 – Application for Extraordinary Licence), together with an affidavit in support, and pay the prescribed fee. This must be lodged electronically using the Courts Electronic Case Management System (ECMS) eCourts Portal. When you cannot accommodate the application electronically, you may seek an exemption from eLodgment by applying at the court registry. An Extraordinary Drivers Licence application must be lodged with a supporting affidavit.
The Form 5 Application, affidavit and fees are available from any court registry or on the Magistrates Court website: If the Court disqualification was imposed by the Supreme Court or the District Court, an application for an EDL is to be made to the court by which the disqualification was imposed. Further information on how to apply can be obtained by having a legal practitioner on board to help navigate the more complicated aspects of the application.
When can I apply for an extraordinary drivers licence?
Time limits applications can only be made after a certain waiting period has elapsed. This waiting period will depend on the type of offence and prior drink-driving/drug-related traffic convictions you may have. If you are unsure, you should seek legal advice to determine the time limit that applies to you.
How long does it take to get an extraordinary drivers licence?
The court will set a hearing date at least fourteen (14) days from the day you apply, and this period cannot be shortened. The hearing will be set before a magistrate will serves a copy of the application to the Department of Transport.
An officer from that department or a police officer will appear on the court date. You must attend court on the hearing date and satisfy the court of your need for an EDL. At the hearing, you need to provide the court with sufficient information, documentation, or evidence concerning your financial and medical circumstances to enable the magistrate hearing your application to clearly understand how you are affected by your driver’s licence loss. Relevant documents may include bank statements, medical reports, foreclosure notices, an employer’s letter, proof of debts/repayments, etc.
Can I drive once I have obtained a court order?
Not yet, the court may order that you can obtain an extraordinary driver’s licence, but it is essential to know that the order is not a licence to drive. After an order has been made by the Court granting you an EDL, you must attend a licensing branch of the Department of Transport. Upon payment of a fee, proof of identification and meeting any other Department of Transport requirements, the licence will be issued. It is only when the Department of Transport gives the licence that you can resume driving and only do so following the conditions of the EDL.
Hoe Lawyers is committed to upholding the legal profession with a team of legal specialists dedicated to dealing with all aspects of traffic law.
An Extraordinary Driver’s Licence (EDL) can allow someone disqualified from driving to drive in certain circumstances. It is granted at the discretion of the court and subject to rigid conditions. The need for a dedicated and experienced legal professional can help you navigate the finer details of your application for a smoother process. Depending on your convictions, you might also need to comply with the Alcohol Interlock Scheme conditions from the Department of Transport before you can drive under the EDL.
It is safe to say that to achieve a better result, it would be advisable to hire a traffic lawyer that can represent you to get the best possible outcome.