Demystifying WA’s Extraordinary License Application Process

February 20, 2024    Traffic lawyers Perth
Demystifying WA’s Extraordinary License Application Process

Driving is an indispensable part of autonomous mobility and commuting. Not having a driver’s license can be a barrier to travelling and accessibility to modern-day city plans. That’s why, for people who have their license disqualified or revoked, applying for an extraordinary driver’s license can be helpful.

An extraordinary driver’s license or EDL permits individuals who are otherwise disqualified from driving to be able to drive in particular circumstances. Since these conditions are out of the ordinary, this license is called an extraordinary license and is granted at the strict discretion of the court.

This article is a crash course on the application for Extraordinary License WA aimed at demystifying the process.

What is an Extraordinary Driver’s License?

An Extraordinary Driver’s License is an alternative license that allows people barred from driving to be able to drive in exceptional circumstances. While an extraordinary license does not allow individuals to drive at all times, it increases the permissibility from zero. As per Section 27 of the Road Traffic Act of 2008, an “extraordinary license” implies that an individual who is otherwise unable or disqualified from obtaining a driver’s license can apply to the court to grant them an extraordinary license.

In other words, even if someone’s license is revoked due to instances like drunk driving, speeding, or similar offenses, an extraordinary license WA allows you to drive legally in exceptional conditions.

What’s the eligibility to apply for an EDL?

Any individual with a license that is disqualified or suspended by the court can apply for an EDL with the assistance of traffic lawyers in Perth, WA.

However, you cannot apply for an EDL under the following conditions:

  1. You are subject to an immediate disqualification notice by the police
  2. You are under immediate disqualification for drinking
  3. You have a License Suspension Order from the Department of Justice’s Fine Enforcement Registry
  4. You’re under a disqualification period imposed by a court in another territory or state
  5. You are a recidivist driver

What reasons could you cite for an EDL?

There can be various reasons why the lack of access to driving can prove detrimental to an individual. While applying, it is imperative to prove to the court the dire consequences of being unable to drive. It is best to consult experienced traffic lawyers in Perth to help compile your reasons and affidavit supporting your case. Some valid reasons for obtaining an EDLare to prove that if you cannot drive, then:

  1. You or your family members cannot access emergency or indispensable medical treatment for any disability, health condition, or illness.
  2. Your main source of income or earnings will be compromised, causing a financial crisis.
  3. You or your family will not have other practicable means to commute to and from work.

How can you apply for an EDL?

Where you apply for an EDL depends on where your license was disqualified and your age.

  • Magistrates court: If your license was disqualified at a magistrate court, you apply to the magistrate court
  • Children’s Court: If you are under 18 years of age, you apply to the Children’s Court
  • District Court: If the District court disqualified your license, you apply to the district court
  • Supreme Court: If the Supreme Court disqualified your license, you apply for an EDL to the Supreme Court.

For your extraordinary license application, you must have a supporting affidavit. You must pay the fee and then lodge your application to the court. This is done through online eCourt Portals.

What can you expect after application?

The verdict of your application will be considered on various conditions, such as:

  1. The level of hardship you and your family might have to face if you are not granted an EDL
  2. Public safety
  3. Your character
  4. The reasons for your previous disqualification
  5. How you conducted yourself after the disqualification

If your application is accepted, the court may ask you to undergo another driving test before you are granted an EDL. The court will add further regulations and restrictions on the following:

  • Locations where you can drive
  • The vehicles you can drive
  • The time when you can drive
  • Driving purpose
  • A record or logbook of your driving

If your application is rejected, you must wait for the next 6 months to be able to go forward with fresh applications again.

Summing up

Obtaining an Extraordinary License can be a difficult process with many conditions attached to it. Contact our team of the best traffic lawyers in Perth to help you compile your case and increase the chance of your application being granted.

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