How to make an application for an Extraordinary Licence in WA

How to make an application for an Extraordinary Licence in WA

If you or someone you know (‘asking for a friend’ perhaps?) are in the unfortunate position of needing to make an application for an extraordinary licence in WA then here’s what you need to know in a nutshell, and why you might need some professional help.

If you’ve been disqualified from driving by a Court (as opposed to say, a demerit point disqualification) then after you’ve served any applicable waiting period (usually 3 weeks – 4 months depending upon the offence) you can apply to that same Court for an extraordinary licence to allow you to drive for a specific purpose. Those specific purposes can be summarised as:

  • to obtain urgent medical treatment for you or a family member;
  • to drive for work purposes; or
  • to drive to and from work (which is similar to (b) above).

Most applications are made online to the Magistrates Court and you’ll need to pay the application fee of $255.00, or $76.50 if you’re on a concession. A hearing date will then be allocated, and you will need to attend court on that date.

The application form sets out the basic items that your application needs to cover (such as the days, times and locations that you need to be able to drive on and to) but it is also handy to know a few of the things that Magistrates tend to be interested in, as well as some of the more recent developments which may apply to your specific situation. For example if you were disqualified for drink driving then there are rules around being made subject to an ‘interlock condition’ which may mean that any grant of an extraordinary licence might be subject to you having an alcohol interlock device fitted into your vehicle.

With regards to the things that a Magistrate tends to be interested in, here’s a tip – they’re conveniently set-out in s30 Road Traffic (Authorisation to Drive) Act 2008 and include:

(a) the safety of the public generally; 

(b) the character of the applicant;

(c) the circumstances of the case;

(d) the nature of the offence or offences giving rise to the disqualification; and

(e) the conduct of the applicant subsequent to the disqualification.

It will ordinarily be necessary to obtain some supporting documents to be filed with your application. What supporting documents to obtain will usually be determined by your individual circumstances. For example, if you were disqualified for drink driving then you may want to provide some Liver Function Test results and alcohol counselling engagement (if appropriate). If you were disqualified for reckless driving then you may be well advised to attend a road traffic safety course and provide a certificate of completion, which demonstrates to the court that you are taking active steps to change your behaviour.

So, if you’ve read this far you’ve probably worked out that it’s worth putting your best foot forward in your application. This means that you may have a bit of homework to do in obtaining informative supporting documents for your application before your day in Court. Did we mention that if you get knocked back first-time round that you then have to wait a further six months to be eligible to apply again? Ouch.

In any event, if you’ve read all of the above and still have queries or if you think that you may actually need someone in your corner for your extraordinary licence application then now is probably the time to obtain some practical advice. Austral Legal can help and we offer an initial discounted 30-minute SmartMove appointment for $80 (by phone or in person). Beyond that initial appointment we will be able to offer you a fixed fee for preparing and filing your application, and representation in court so that you know what your legal costs will be up front. Bookings can be made online through our website (it’s that easy) or by getting in touch.