Extraordinary driver’s licence applications

One of the most common enquiries I have had from prospective clients is about whether they can get an extraordinary driver’s licence. The ability to apply for and obtain an extraordinary driver’s licence is reserved for those people who would be disproportionately penalised by the loss of their licence. For instance, if your job depends on your ability to drive you will normally be eligible for an extraordinary driver’s licence.

An application for an extraordinary driver’s licence is made under s.27 of the Road Traffic (Authorisation to Drive) Act 2008. You can make an application for an extraordinary driver’s licence if you have been disqualified from holding or obtaining a driver’s licence due to your conviction and sentence for an offence.

You cannot make an application for an extraordinary driver’s licence if:

1. Your licence has been disqualified in another State or Territory.

2. Your licence is subject to demerit point suspension.

3. Your licence is subject to fines suspension.

4. If you were given a licence disqualification notice by a police officer under s.71C of the Road Traffic Act 1974. This only arises if the police officer suspects that you have committed one of the following offences: driving with a blood alcohol content above 0.08, driving under the influence or refusing to provide a sample.

Further, you cannot make an application for an extraordinary driver’s licence until the exclusion period under s.28 of the Road Traffic (Authorisation to Drive) Act 2008 has elapsed. These periods range from 21 days to 4 months depending on which offence led to your licence being disqualified and whether you have any history of traffic offences.

The application for an extraordinary driver’s licence is usually made in the Magistrates Court of Western Australia. The Court must not grant an application for an extraordinary driver’s licence unless satisfied that refusal of the application would:

1. Deprive you or a member of your family of the means of obtaining urgent medical treatment for an illness, disease or disability; or

2. Place an undue financial burden on you or your family, by depriving you of your principal means of obtaining income; or

3. Deprive you or a person who is a member of your family of the only practicable means of travelling to and from the place at which you or that person is employed.

You must fall within one of the abovementioned categories in order to obtain an extraordinary driver’s licence. This must be established by evidence, it is not sufficient to merely tell the Court that this is the case without any corroborative material. If you can establish that you fall within one of those categories, the Court then has a discretion to grant or refuse to grant your application for an extraordinary driver’s licence. The Court will have regard to:

1. The safety of the public generally; and

2. Your character; and

3. The circumstances of the case; and

4. The nature of the offence or offences giving rise to the disqualification; and

5. Your conduct subsequent to the disqualification.

If you would like some advice about whether you are eligible for an extraordinary driver’s licence, please get in touch for an obligation free discussion.