Extraordinary Licences

To be eligible to obtain an extraordinary licence (“EL”), you will first need an order from the court granting the extraordinary licence. An EL is a licence that can be issued by the Department of Transport (or agent), only under an order of the court.

It authorises the holder to drive in certain circumstances, even though they have been disqualified from driving by a court.

You will need to lodge an application form (Form 5 - Application for Extraordinary Licence), together with an affidavit in support, and pay the prescribed fee. This must be lodged electronically using the Courts Electronic Case Management System (ECMS) eCourts Portal.

Where you're unable to lodge the application electronically, you may seek an exemption from eLodgment by lodging an application at a court registry.

It is compulsory for an EL application to be lodged with a supporting affidavit.

The Form 5 Application, affidavit and fees are available from any court registry or on the Magistrates Court website: please refer to the Quick Links page at the end of this document for details.

If the Court disqualification was imposed by the Supreme Court or the District Court an application for an EL is to be made to the court by which the disqualification was imposed. Further information on how to apply can be obtained by contacting the relevant Court.

You cannot apply for an EL when you are:

1. serving a demerit point suspension;
2. serving the period of an immediate disqualification notice;
3. serving a fine suspension imposed by the Fines Enforcement Registry; and/or
4. if an application for an EL has been refused by the court within six (6) months.

In relation to a demerit point suspension and immediate (roadside) disqualification; you must wait until the end of the period stated in the notice before you are eligible to make an application.

To lift a fine suspension, you need to either pay all outstanding fines or make time-to-pay arrangements with the Fines Enforcement Registry. Your suspension will only be lifted if the fines are paid in full or your time-to-pay application is approved.

The court's decision is discretionary, and the court can only make orders to grant an EL if without a licence the applicant will be:

1. unable to access urgent medical treatment for an existing illness, disease or disability suffered by the Applicant or a family member;
2. deprived of the principal means of obtaining income; or
3. deprived of the only practical means of travelling to and from a place of employment for Applicant or family member.

Applications can only be made after a certain waiting period has elapsed. This waiting period will depend on the type of offence and any prior drink/drug related traffic convictions you may have. The table attached to this fact sheet is provided to guide you in determining the required waiting period.

If you are unsure, you should seek legal advice to determine the time limit that applies to you.

It is important to note that you cannot apply for an EL during the period that any disqualification notice is in effect, or before the waiting period from a court conviction has lapsed (as set out in the waiting period table below). Any waiting period specified below is subsequent to any term of imprisonment that may have been imposed (for example, the waiting period does not commence until the day of release from custody).

An immediate disqualification notice may be issued by the police for an offence of Excess 0.08, Driving under the Influence, or refusing to comply with a requirement to provide a breath, blood, or urine sample.

A disqualification notice, once served, immediately disqualifies a driver from driving. No application for an EL may be made whilst a driver is disqualified.

For more information on disqualification notices, please refer to the website of the Department of Transport website.

The period which you are required to wait before being eligible to apply for an EL may be subject to;

1. the type of offence;
2. the number of previous convictions you have incurred;
3. any term of imprisonment; and/or
4. any period of fine suspension.

A hearing date will be set by the court at least fourteen (14) clear days from the day you lodge the application. This time period cannot be shortened. The hearing is before a magistrate. The court will serve a copy of the application on the Department of Transport. An officer from that department or a police officer will appear on the court date.

You must attend court on the hearing date and satisfy the court of your need for an EL.

At the hearing you need to provide the court with sufficient information, documentation, or evidence in relation to your financial and or medical circumstances to enable the magistrate hearing your application to clearly understand how you are being affected by the loss of your driver's licence. Relevant documents may include bank statements, medical reports, foreclosure notices, a letter from an employer, proof of debts/ repayments etc.

If you are unsure or require assistance, you should seek legal advice.

When deciding whether or not to grant an EL the Court will consider many factors, including:

1. The safety of the public generally.
2. Your previous driving history and traffic record.
3. The circumstances of the case.
4. The nature of the offence(s) giving rise to the disqualification.

This means the circumstances surrounding the offence for which you lost your licence.

The Court will also consider the conduct of the applicant since the offence and disqualification.

The Court will want to know such things as:

• Has your employment situation changed?
• Have your drinking habits changed since your offence?
• What are they now?
• Have there been any further convictions or charges laid against you?
• Have you undergone any alcohol or drug counselling?

You will need to satisfy the court on one or more of the following grounds:

• You cannot do your job without a licence;
• You will lose your job if you are not granted an EL; and/or
• The licence is required for medical purposes.

No, the court may make an order that you can obtain an EL. It is important to know that the order is not a licence to drive.

After an order has been made by the Court granting you an EL you must attend at a licensing branch of the Department of Transport. Upon payment of a fee, proof of identification and meeting any other Department of Transport requirements, the licence will be issued.

It is only when the licence is issued by the Department of Transport that you can resume driving and can only do so in accordance with the conditions of the EL.

An alcohol interlock is a device which, when installed in a motor vehicle, prevents the vehicle from being operated unless the driver's breath sample analysed by the device contains either no measurable concentration of alcohol, or not more than a particular concentration of alcohol.

The WA Interlock Scheme aims to reduce the road safety risk posed by offenders, by separating drinking behaviours and driving behaviours.

For further information on alcohol interlock systems, please refer to the Department of Transport website.

It is an offence to drive contrary to any of the conditions of an EL and you are liable to be charged, fined and your EL cancelled.

If you drive prior to obtaining the licence from the Department of Transport you will also be liable for prosecution.

If your application is refused, you cannot make another application for six (6) months.

Where the EL application is refused, the EL application fee is not refundable to the Applicant.

Yes, if at a later time, any of the conditions on your EL need to be changed (such as your employment or class of licence) you may make an application vary those conditions by lodging a Form 7- Application to Vary, together with an affidavit electronically via Courts Electronic Case Management System (ECMS) eCourts Portal.

Where you're unable to lodge the application electronically, you may seek an exemption from eLodgment by lodging an application at a court registry.

The application will need to be considered by a magistrate in a similar way to the original application.

When you go to court, you will have to tell the magistrate what has changed. You will also have to provide sufficient information, documentation, or evidence so that the magistrate can understand what has changed and why the EL should be varied.

For more information on disqualification notices, please refer to the website of the Office of Road Safety: https://www.officeofroadsafety.gov.au/.

For further information on alcohol interlock Systems, please refer to the Department of Transport website at: https://www.transport.wa.gov.au/.

For legal advice and other legal queries please refer to the Legal Aid website at: https://www.legalaid.wa.gov.au/.