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An Extraordinary Driver’s Licence (EDL) is a conditional driver’s licence which can be granted by a Court in certain circumstances. An EDL may be granted where a person is otherwise disqualified from holding a driver’s licence. Such a licence will have conditions attached to it which can restrict:
If a person is granted an EDL it will be current until the end of the period for which it was granted or until the person’s disqualification ends.
Pursuant to section 27 of the Road Traffic (Authorisation to Drive) Act 2008 (WA), (The Act), a person who is disqualified from holding a driver’s licence under The Act or any other written law in WA may apply to a Court for an order directing the CEO (Chief Executive Officer of the Department of Transport) to grant an EDL.
There are some exceptions to the above general rule.
Pursuant to section 27(3) of The Act, a person cannot apply for an EDL if that person:
Section 28 of the Road Traffic (Authorisation to Drive) Act 2008 (WA), sets out when a person who receives a driver’s licence disqualification becomes eligible to apply for an EDL. The default period is 21 days after the disqualification; however, for certain classes of disqualification, the period a person must wait can be 2, 3 or 4 months:
A person must wait 4 months before applying for an EDL If the person was disqualified for:
A person must wait 3 months before applying for an EDL if the person was disqualified for;
A person must wait 2 months before applying for an EDL if the person was disqualified for:
For any other disqualification a person must wait 21 days before being able to make an application for an EDL.
If a person was served with a disqualification notice by police, pursuant to section 71C of the Road Traffic Act 1974 (WA), then any period of disqualification under that notice is counted towards the relevant waiting period as above.
Conversely, if a person was imprisoned as a result of the disqualifying offence, any term of imprisonment is not counted towards the relevant waiting period.
If a person’s driver’s licence was disqualified by the Supreme Court or District Court any application for an EDL must be made in the Court which imposed the disqualification.
Where the disqualification was made by a Court of summary jurisdiction – for example, the Magistrates Court – or arose by virtue of the operation of a provision of a road law, any application for an EDL must be made to the Magistrates Court, or, if the applicant is a child, the Children’s Court.
When hearing an application for an EDL, the Court can – pursuant to section 30 of the Road Traffic (Authorisation to Drive) Act 2008 (WA), – grant the application for a period of not more than 12 months or it can refuse the application.
In making such a decision, the Court will take into account such things as:
The Court may only grant an application for an EDL after consideration of the above factors AND if satisfied that a refusal of the application would:
If an application for an EDL is refused by the Court, the person may not make another application for an EDL for 6 months after that refusal.
Pursuant to section 35 of the Road Traffic (Authorisation to Drive) Act 2008 (WA), an application to vary the conditions of an EDL or to cancel certain conditions and replace them with other condition/s can be made by the person to whom the EDL was granted or the CEO (Chief Executive Officer of the Department of Transport).
The Court hearing the application for variation can grant the variation/s sought if it is satisfied it is necessary on the basis the applicant has;
The CEO may also make an application to cancel an EDL. If such an application is made, the Court will grant the order if it is satisfied:
Pursuant to section 38 of the Road Traffic (Authorisation to Drive) Act 2008 (WA), a person who is granted an EDL commits an offence if they do not comply with the conditions that the Court imposed when granting the application or any subsequent variation. A person charged with failing to comply with the conditions of an EDL can be fined up to a maximum of 24 penalty units. A penalty unit is $50.00 as at 1 July, 2018. Therefore the fine is currently up to $1,200.00.
In addition to a fine the Court must also order that the EDL be cancelled unless the Court is satisfied that any special circumstances of the case mean it would be an adequate punishment to impose a fine only.
This offence is heard summarily in the Magistrates Court.
Traffic offences are treated seriously in Western Australia. If you have been in an accident, received a licence suspension or received a charge and summons to attend court, it is important to obtain competent legal advice as early as possible. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.
Contact Armstrong Legal:
Perth: (08) 9321 5505
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100