What is an Extraordinary Driver’s Licence?
An Extraordinary Driver’s Licence (‘EDL’) is a court order which allows a disqualified driver to drive a certain class of vehicle subject to a stringent set of terms and conditions as determined by the Court.
Who can apply for an EDL?
In Western Australia, if a person is convicted of a traffic offence by a Court and is disqualified from driving that person may make an application to the Court, in which they were disqualified, for an EDL.
Who cannot Apply for an EDL?
A person who is disqualified from driving due to loss of demerit points, on the Double or Nothing Regime through the Department of Transport, is not eligible to apply to the Court for an EDL.
A person who has been served, and is currently serving, an immediate roadside disqualification is not eligible to apply for an EDL.
A person who is subject to fines suspension, which was imposed by the Fines Enforcement Registry, is not eligible to apply for an EDL.
A person who had made an application for an EDL and whose application was rejected within a period of less than six months is not eligible to apply for an EDL.
Grounds for Applying for an EDL:
Section 30(4) of the Road Traffic (Authorisation to Drive) Act 2008 (WA) (‘the Act’) sets out that a Court can only grant an EDL where it is satisfied that the refusal to grant the EDL would either:
- Deprive a person of the means of obtaining urgent medical treatment for an illness, disease or disability known to be suffered by that person or a member of that person’s family; or
- Place an undue financial burden on a person, or that person’s family, by depriving that person of his or her principal means of obtaining income; or
- Deprive a person or a member of that person’s family of the only practicable means of travelling to and from the place at which that person is employed.
Waiting Periods:
Before an application for an EDL is made that person needs to ensure that they are eligible to apply because the requisite waiting period has elapsed.
The waiting period to be served before a person is eligible to apply for an EDL is subject, and will vary according, to factors such as the type of traffic conviction, whether that person has prior convictions and any term of imprisonment which may have been imposed upon that person. If you are not sure are the time limit which is applicable, we recommend that you seek advice from one of our experienced practitioners who can guide, assist and represent you in your EDL matter.
How to Apply for an EDL?
To make an application for an EDL a disqualified person would need to complete and, electronically, file a Form 5 Application and an Affidavit along with any supporting documentation upon which that person seeks to rely.
This documentation will need to be filed by that person in the same Court they were convicted and disqualified for the traffic offence.
Does it Cost Anything to Apply for an EDL?
At the time the above documentation is filed in the Court a filing fee in the sum of $255.00 will need to be paid to the Court. Please note this sum is reduced to $76.50 for certain eligible individuals.
Is there a Court Hearing?
Once the requisite documents have been filed and the filing fee paid the Court will then set a date for an EDL Application Hearing. This Hearing will be set down for a date which is at least 14 days after the date the documents were filed.
At this Hearing the Court will assess and take in account a number of factors and will hear from the Department of Transport with regards to whether or not the application is opposed.
A determination will then be made as to whether the EDL is to granted and if so on what conditions.
Legal Assistance
Should you, or a family member, require advice or assistance with an application for an Extraordinary Driver’s Licence please do not hesitate to contact one of our experienced legal practitioners at HHG Legal Group.
If you require assistance in relation to any of the information provided above, HHG Legal Group’s lawyers can provide advice to you and your business to minimise your future risk. Contact us today by emailing Lisa Riley on lisa.riley@hhg.com.au or calling us on (08) 9322 1966.
