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Often referred to as an EDL, an Extraordinary Drivers Licence is a driver's licence that allows someone who has previously been disqualified from driving on the roads to drive under certain circumstances, I.e., to drive to and from work only. An Extraordinary Driver’s Licence can only be granted at the discretion of the WA State court and involves strict conditions and harsh penalties (if breached).
If your application for an Extraordinary Driver’s Licence is successful, you will need to display your ‘E’ plates on your vehicle at all times whilst you’re driving on any/all Western Australian roads.
You can lodge an application for an extraordinary licence after the initial waiting period has lapsed. The waiting period will depend on the reason you were disqualified and the number and type of previous offences. The waiting period will range between 21 days and four months. If a roadside disqualification has been imposed, that roadside disqualification will need to end before an application can be made.
An E plate or (extraordinary driver’s licence) is a special licence that allows an individual who has been disqualified from driving permission to drive under specific circumstances. An E plate must be applied for and is granted by the West Australian courts for financial or medical reasons.
Currently, the filing fee for an extraordinary driver’s licence application is $255.00. The filing fee usually increases by a small amount each year.
Applications for an extraordinary drivers licence can be lodged only after a specified waiting time which varies based on the type of offence and prior drink/drug related traffic convictions and whether a two-month roadside disqualification was imposed. More information on this below.
Once lodged, at least 14 days must pass before the matter is listed for a hearing date at the W.A. Magistrates Court.
Applications for an Extraordinary Drivers Licence can be submitted only after a specified waiting time, which varies based on the type of offence and prior drink/drug-related traffic convictions. More information on this is below.
Want to know how to apply for an Extraordinary Driver’s Licence? Our Stevenson Legal experts are available to advise, over the phone or by appointment, on the application process for an Extraordinary Driver’s Licence, and the relevant law, which we then apply to your specific situation.
Below is an outline of everything you need to know when applying for a successful Extraordinary Driver’s Licence in WA.
Firstly, you need to know whether or not you are eligible to apply at all. While most people under disqualification from driving can apply, not everybody can do so. For example, people under demerit point suspensions may not be able to apply. However, if you’re subjected to both court ordered suspensions and demerit point suspensions, the situation may become more complex and you should seek advice.
Secondly, you need to know what the waiting periods are before you can apply. This can vary depending on the reason for your disqualification and is also impacted by roadside disqualifications for drink driving offences. It is important to note that the date that you can first apply for an Extraordinary Driver’s Licence is not the date that the court will hear your application – that will take place later on. We can quantify all the above for you and give you a precise and certain date for your application so you know the earliest date you can get back on the road.
Thirdly, you need to know the legislative criteria. In order for the court to consider your application, you must demonstrate that you meet the criteria of ‘needing’ an Extraordinary Drivers Licence for health or employment reasons. Even if you satisfy the court that you need the extraordinary licence, the court must then go on to consider whether you ought to be given an Extraordinary Driver’s Licence. They will take into consideration several factors, such as your conduct since losing your licence, your character, the circumstances behind your loss of licence, and critically, any danger you pose to public safety.
Fourthly, you need to know what conditions the court may wish to impose on you in the event that you are issued an Extraordinary Driver’s Licence. Conversely, if there are conditions that the court would usually apply that may cause unnecessary inconvenience for you, you will need to mount a persuasive case as to why those conditions should not be imposed. Of course, simply knowing the answers to the above questions will rarely be sufficient. You also need to know how to adequately evidence your arguments and submissions in a way that is acceptable to the court. Many applicants with good claims for an Extraordinary Driver’s Licence can fail due to a lack of properly prepared evidence in support.
Finally, you need to be persuasive in bringing all of the above factors together in a cogent and forceful way that satisfies the court that it ought to grant the application you are seeking. This is important because if your application is refused, you cannot apply again for a further six months.
We don’t apply a ‘one size fits all approach for our clients. All advice is tailored to your specific situation, no matter how complex it may be.
Need help with your Extraordinary Drivers Licence Application? Contact our team at Stevenson Legal today for any help you need with preparing, presenting and arguing your Extraordinary Driver's Licence application.
Since 2010, the grounds upon which an Extraordinary Driver’s Licence in Perth can be obtained has become significantly narrower.
During that year, the Western Australian Parliament passed laws that made applying for an Extraordinary Driver's Licence in Perth or Western Australia much more difficult. Currently, the Magistrates Court of Western Australia, which hears the majority of Extraordinary Driver's Licence applications, has to take into regard a range of factors. These factors include:
Don’t leave your driver’s licence up to chance.
Contact our team at Stevenson Legal today for any help you need with preparing, presenting and arguing your Extraordinary Driver's Licence application.
Even if the court is persuaded that those factors go in your favour, it cannot grant an Extraordinary Driver’s Licence unless it is satisfied that without one, you:
It’s important that you are not only aware of the nuances of the new legislation, and the mandatory waiting periods before applying, but also that you know how to go about presenting evidence that supports your claim. If your application is not successful, you are unable to make another application for six months.
Our Stevenson Legal experts can answer any questions you may have before preparing your case.
You will need to appear in court and give ‘Evidence in Chief’ in support of your claim. The Department of Transport has in-house solicitors that appear in every application. If they don’t agree with your Extraordinary Driver's Licence application, they’ll oppose it, subject you to a ‘Cross Examination’, and make closing arguments to the court why it shouldn’t be granted.
As the experienced professionals in Extraordinary Driver’s Licences, our team at Stevenson Legal can:
See below to learn about some of the recently successful Extraordinary Driver’s Licence applications our Stevenson Legal lawyers have acted on.