A Step By Step Guide On Life Disqualifications Laws In Australia

June 18, 2021    Traffic lawyers Perth
A Step By Step Guide On Life Disqualifications Laws In Australia

Do you know when a person faces life disqualification from driving? It happens when he or she repeatedly commits traffic offenses of serious concern. The Western Australia authority is very strict about its rules. There is more than one reason for which Life Disqualifications occur. Here we present a detailed step-by-step guide where we discuss how the order of disqualification affects driving, reasons for such an order and how this order can get removed.

Know The Impact Of A Life Disqualification

Whenever an order of life disqualification is imposed over a person, he or she is not allowed to hold or apply for the driving license again, unless the order is removed by the authority.

Situations When Authority Imposes Life Disqualifications

In Western Australia, Life disqualifications are usually imposed on a person in three situations. These are as follows.

  • Section 63 of the Road Traffic Act prohibits a person from driving with a blood alcohol concentration of more than 0.15. If a person has committed offence against this section thrice or more, Life Disqualification is imposed.
  • Section 64AB of the Act prohibits driving under the influence of banned drug substances. If someone gets caught driving while having illicit drugs in the body system, for three times or more, that person will face Life Disqualification.
  • If the offender causes three of more crimes against section 60 or 60A of the Act that criminalizes reckless driving, then also Life Disqualification applies.The charge applies when someone drives the car at a speed over 155 km/h or at a speed of more than 45 km/h over the standard speed limit.

You should also note that if someone refuses to cooperate the police for the blood, urine or saliva test by not giving the sample, it will also be taken as a serious offence for Life Disqualification purposes.

Remove The Order

If someone is sentenced for Life Disqualification by a court, then that person has the full rights to apply for its removal. Generally, you need to apply for the removal at the District Court of Western Australia. But if the disqualification order is imposed by the Supreme Court of Western Australia, then you have to submit your applicationthere. However, you can only make this application after 10 years has been passed since the order was given. And the decision is completely up to the presiding judge on whether the order should be lifted.

While making the decision, the court will consider the following factors.

  • The court will see whether the removal of the order will affect the public life or not.
  • The character of the offender is another important factor taken here.
  • They will also see the circumstances in which the offences have been made.
  • The court will check if the offender has seek for rehabilitation since the order was imposed on him.
  • Whether the offender genuinely needs the driving licence, will also be a serious matter to have an effect here.
  • And most importantly, the court will see the offender’s records since the order of life disqualification.

Remember that you must consider filing an affidavit for the points mentioned above. A qualified traffic lawyer can help you greatly.

What Else Do You Need To Submit?

For the removal application, you need to submit the following two documents.

  • Documents Of Your Traffic History: You should provide one copy of your traffic/criminal history and also a record of traffic infringement. You can obtain the traffic/criminal history by applying for information. Whereas, a local police station can give you the record of traffic infringement.
  • Character Reference: Character references may prove to be very beneficial for a successful application. Your employer or business associate may give you these certificates.

Removal Of The Order Will Not Allow You To Drive Immediately

This is a very crucial point you should note. Even if your application for the order removal is successful, it doesn’t mean that you immediately get the licence to sit on the driver’s seat of your car. You cannot start driving until the transport department has re-issued your driving licence. If your licence was cancelled at the time when the order was imposed on you, then you need to apply for a new driving licence now.

How Can You Get Extraordinary Driver’s Licence?

Under a specific set of restrictions, you can drive while having the order of disqualification imposed on you. And for that, you will need an Extraordinary Driver’s Licence or EDL. You will be eligible to apply for it unless you have been disqualified under a demerit point suspension.

Where Will You Find The Lawyers?

For valuable legal advice, you will need a lawyer who has experience in handling similar situations and thus can help you in preparing all the documents for making your application successful. Traffic Lawyers Perth is a well-known consultancy farm where you can get all these contacts.

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