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13/02/2024
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In Western Australia, an extraordinary driver’s license, also known as an ‘e-license’, ‘EDL’ or ‘EMDL’, is a license that authorises a person who is otherwise disqualified from driving in certain circumstances. An extraordinary license is granted at the discretion of a magistrate and can only be granted for court-imposed disqualifications. You cannot apply for an extraordinary license if you are subject to a demerit point suspension.
To apply for an extraordinary licence in WA, the applicant must lodge the application form and pay a fee to the Magistrates Court. The fee is approximately $150 and is payable at the Court registry when the application is lodged. The e-license application form can be found on the Magistrates Court’s website.
Once your extraordinary license application has been accepted by the court, you will be given a date to attend court and appear before a magistrate.
There will be a representative for the Director General of Transport who may argue against you being granted an extraordinary driver’s license. Usually, you will be required to answer questions under oath from both the magistrate and the director-general’s representative.
You will be expected to provide evidence in support of your application. It is not sufficient to simply re-state the grounds outlined in your written application. For example, if the basis for your application is that you will be unable to access urgent medical treatment that relates to a current medical condition, you would be expected to provide:
There are minimum waiting periods that apply before you can lodge your application. The waiting periods vary according to the offence that resulted in you being disqualified. The waiting period is usually 21 days, but it can be up to 3 months for some offences. In addition to the legislated waiting period, there is usually a 14-day minimum between lodging your application and appearing in court.
You do not need a lawyer to apply for an extraordinary driver’s license. However, there are several advantages of engaging a lawyer in an application for an extraordinary license. An experienced lawyer will be able to draft your written application and ensure that it addresses the relevant criteria that the magistrate is required to consider. They will also be able to advise you on what sort of evidence you need in support of your application.
Most importantly, an experienced lawyer will be able to represent you at your court appearance. Having a legal representative by your side who is familiar with the courtroom environment can alleviate much of the stress and anxiety and allow the process to run smoothly.
Many people have successfully obtained an extraordinary license without legal representation. It is also true that engaging a lawyer is not a guarantee that you will be granted an extraordinary license. However, an experienced lawyer should be able to strengthen your application to give it the best possible chance of succeeding.
Paxman & Paxman are a firm of criminal defence lawyers in the Perth CBD specialising in criminal law, traffic law, and restraining orders. If you need a lawyer to assist with obtaining an e-license in WA, call us on 1300 274 692 or fill out an online enquiry form today. One of our experienced lawyers will gladly assist you through the entire process.
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Eligibility depends on the nature of the offence and the period of disqualification. You cannot apply for an e-licence if you are subject to a demerit point suspension. Seeking legal advice is highly recommended.
If your application is successful, you will receive a court order which you must present to the Department of Transport. The department will issue the extraordinary licence, which typically consists of a plastic licence card and a paper document detailing the conditions of the licence.
There are fees for both the application process and the issuance of the extraordinary licence. Specific fee details are as follows:
Conditions may include:
Yes, you can apply to The Court to have the conditions modified if your circumstances change. This requires filing a new application and attending another court hearing.
For 24-hour advice in an emergency, call our after-hours emergency number 0401 295 851 for free and confidential advice on criminal law matters
We have experience prosecuting and defending in a broad range of criminal matters including:
traffic matters, assaults, drug charges, property offences, sex offences, customs offences, restraining orders, manslaughter, cyber-crimes and people smuggling.
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