Can you apply? What is an extraordinary driver’s licence

In Western Australia, people who have lost their driver’s licence can apply for a licence to drive in extraordinary circumstances. People can apply for an extraordinary licence if losing their driver’s licence would seriously affect their livelihood.

For example, if your job requires that you have a driver’s licence and you won’t be able to work without one, then it may be possible for you to receive an extraordinary licence.

However, the extraordinary driver’s licence Perth or WA courts provide is not available for everyone, and so let’s look further into the application and whether or not it is right for you:

How is the application made?

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

It is impossible to make the application if:

• * A different state or territory has disqualified your licence;

• * Your driver’s licence is subject to demerit point suspension;

• * Your driver’s licence is subject to fines suspension;

• * If a police officer provided you with notice for driver’s licence disqualification under 2.71C of the Road Traffic Act 1974. This occurs if the officer suspects that you have committed one of the following offences: driving under the influence, refusing to provide a sample or driving with a blood alcohol content above 0.08.

What’s more, you are unable to apply for an extraordinary driver’s licence until the exclusion period under s.28 of the Road Traffic (Authorisation to Drive) Act 2008 has elapsed.

Such periods extend from 21 days to four months depending on the type of offence that led to your licence being disqualified. Furthermore, it is also subject to your driving history and whether you have any previous traffic offences.

The extraordinary driver’s licence application is typically made at the Magistrates Court of Western Australia. The Magistrates Court cannot grant an extraordinary driver’s licence application unless they believe that refusing your licence application would:

• * Deprive you or a member of your family of the means of obtaining urgent medical treatment for an illness, disease or disability; or place an undue financial burden on you or your family, by depriving you or your principal means of obtaining income; or 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.

Applicants have to fall within one of the above-listed exemption categories to be able to obtain the licence. The applicant must provide the evidence as you cannot simply tell the court that one of the above-listed categories has been met.

If you can clearly establish that you fit within one of the above-listed categories, the court will then decide whether or not to grant or refuse the application for your extraordinary licence with regards to:

• * The general public’s safety;

• * Your character;

• * The case’s circumstances;

• * The offence or offences’ naturel

• * Your conduct subsequent to the disqualification.

A lawyer can help with your case

A qualified Perth lawyer can assist you with applying for your extraordinary driver’s licence. They have the skills and experience to help you build your argument and present it to the magistrate.

Naturally, enlisting the services of a trusted lawyer is always better than going it alone - the same goes for extraordinary licence applications.