Losing your driver’s licence can be a frustrating and disruptive experience. It creates difficulties with your mobility that can impact your employment and place a burden on family and friends. In many instances you are left with no choice but to use public transport that can be time consuming, impracticable, and inconvenient.

If you have had your licence suspended or cancelled by a court, you may be eligible to apply for an Extraordinary Driver’s Licence.

 

What is an Extraordinary Driver’s Licence?

In Western Australia, an extraordinary drivers’ licence, also known as an ‘EL’, ‘EDL’ or ‘e-licence’, is a licence granted by a court allowing someone who has been disqualified from holding or obtaining a driver’s licence to drive under specific circumstances.

 

Am I eligible to apply?

You can apply for an extraordinary licence if your licence has been suspended or cancelled by a Court for offences such as:

• • drink driving
  • driving under the influence of drugs or alcohol
  • driving while disqualified
  • reckless driving
  • disqualification for an alcohol interlock offence

Unfortunately, not everyone who has had their drivers licence disqualified or suspended may apply for an extraordinary licence. Below are instances where a person will not be eligible to apply:

• • If you have received a roadside disqualification notice from the police.
  • If your licence has been suspended due to excessive demerit points (including double or nothing).
  • If your licence has been suspended due to non-payment of fines or infringements.
  • If your licence was disqualified or suspended in another State.
  • If an application for an EDL has been refused by the court within six (6) months.

 

When can I make an application?

Applications can only be made after the waiting period from the date of your disqualification. Waiting periods begin from 21 days but can be as long as 4 months depending on the type of the disqualification you have received.

For demerit point suspensions and immediate roadside disqualification, you must wait until the end of the period stated in the notice before you are eligible to make an application.

 

Granting an Extraordinary Licence

The court will consider a number of issues in deciding your application. However, a court can only grant an extraordinary licence if without your licence:

1. 1. You cannot do your job; or
   2. You will lose your job; or
   3. You are unable to access urgent medical treatment for an existing illness suffered by yourself or an existing family member.

Other matters the court will take into consideration in your application:

• • The safety of the public: The court will look at your driving history and nature of the offence to determine how your conduct may affect other road users.
  • Your character: The court will want to see evidence of your good character. Having a responsible person present (eg. your employer) to support your application will help establish good character. Written character references are helpful but may or may not be considered by the court.
  • The nature of the offence that led to your disqualification: You will need to be able to explain the circumstances that led to you losing your licence.
  • Your conduct since disqualification: The court will want to know if during your disqualification period if your employment situation has changed and if you have had any further convictions or charges laid against you.
• If you were disqualified for drink driving, evidence that you have changed your drinking habits or attended any relevant alcohol or drug counselling will be relevant.

 

• • The degree of hardship on you or your family if the court does not grant you an EDL.
    • If the court refuses to grant you an EDL will this:
      • Deprive you of obtaining an income?
      • Stop you from travelling to your job or a family member from travelling to their job?
      • Stop you or a family member from accessing urgent medical treatment for an illness?

 

What evidence will I need to show the Court?

You will need to attend court on your allocated hearing date. At the hearing you need to provide relevant information, documentation, and evidence in support of your application to assist the court to understand how you are being affected by the loss of your driver’s licence.

Examples of relevant documents are:

• • Bank statements
  • Medical reports
  • Letter from employer
  • Proof of financial position
  • Mortgage or rental payments

You will be asked to give sworn evidence to the court. This can be a stressful and daunting task; however our lawyers can represent you in court and guide you through the process.

 

Conditions of EDL

If the court grants you an extraordinary licence, this does not mean you can drive as you would normally do when holding your normal driver’s licence. In many cases, the court will attach restrictions. Some common restrictions are:

• • The days on which you are allowed to drive
  • The hours during which you can drive
  • The places you can drive to and from
  • The purposes for which you can drive (work or medical reasons)
  • Meeting the requirements of the Alcohol Interlock System (If you are under suspension for an alcohol interlock offence)

 

How to apply

For the best possible outcome in your EDL application, contact our friendly team of Traffic and Criminal lawyers at Tang Law. Our lawyers are experienced in guiding you through what can be a complicated process, and put forward the best case to get you back on the road. Get in touch with us today via phone (08) 9328 7525.