What is an Extraordinary Licence (EDL) in Western Australia?
In Western Australia, an extraordinary driver's licence (also known as an ‘e-licence,’ ‘EDL,’ or ‘EMDL’) is a special permit that allows individuals who are otherwise disqualified from driving to operate a vehicle in specific circumstances. This licence is granted at the discretion of a magistrate and is only available for court-imposed driving disqualifications. If your driving suspension is due to demerit points, you are not eligible for an extraordinary licence.
How do I Apply for an Extraordinary Licence in WA?
To apply for an extraordinary licence in Western Australia, you must submit an application to the Magistrates Court and pay an application fee of approximately $255. This fee is payable at the Court registry when you submit your application. The necessary application form can be found on the Magistrates Court website. Once your application is accepted, you will be scheduled to appear before a magistrate. During this appearance, a representative from the Director General of Transport or Police if you’re in a regional location, may present arguments against granting you an extraordinary licence. You will be required to answer questions from both the magistrate and the police/director-general’s representative.
What evidence is required For an EDL application?
It is not sufficient to simply repeat the reasons outlined in your written application. You must provide detailed evidence to support your request. For example, if you are applying for an extraordinary licence to access urgent medical treatment, you will need to provide: • Proof of your medical condition • Evidence of the required medical treatment • Demonstration that alternative transport methods will not allow you to access the treatment you need • Suitable evidence that demonstrates your current drinking habits.
What are the waiting periods for Extraordinary Licence Applications?
The minimum waiting period before you can submit an application for an extraordinary licence depends on the offence that led to your disqualification. Typically, the waiting period is 21 days, but for more serious offences, this period can extend to up to 3 months. In addition to the statutory waiting period, there is a minimum 14-day waiting period between submitting your application and appearing in court.
What are the grounds for an Extraordinary Licence?
The court can only grant and EDL if without a licence the applicant will be:
- Unable to access urgent medical treatment for an existing illness, disease or disability suffered by the applicant or a family member;
- Deprived of the principal means of obtaining an income which would place an undue financial burden on the applicant their family; or
- Deprived of the only practical means of travelling to and from a place of employment for the applicant or family member.
What will the court consider for an EDL?
- The safety of the general public;
- Your previous driving history and record;
- The circumstances of your case;
- The nature of the offence(s) giving rise to the disqualification.
What will the court want to know when I apply for an EDL?
• Has your job changed? • Has you level of drinking changed? • How much and how often are you drinking now? • Have you been in trouble since? • Have you undergone drug or alcohol counselling?
What else do I need to show the court for an EDL?
• That you cannot do your job without a licence; • You WILL lose your job if you are not granted a licence and that will place a undue financial burden on your or your family; and/or • The licence is required for medical purposes.
Do I need a lawyer to apply for an Extraordinary Licence?
While hiring a lawyer is not a requirement to apply for an extraordinary licence, engaging a lawyer can offer several advantages. An experienced lawyer can help ensure that your application is drafted in accordance with the necessary legal criteria. They will also advise you on the type of evidence required to strengthen your case.
One of the key benefits of legal representation is having someone who is familiar with the court process to guide you through your court appearance. This can reduce the stress and anxiety associated with appearing before a magistrate and improve the likelihood of your application being approved.
While many people have successfully applied for an extraordinary licence without legal representation, an experienced lawyer can greatly enhance your chances of a successful outcome.
When can a further EDL application be made if I am unsuccessful?
Only after 6 months could a further EDL application be made.
This is general information only. If you are considering applying for an extraordinary licence in Western Australia, it is highly recommended that you seek advice. Contact us at Boudica Criminal Law today to discuss your case.
