Applications for an extraordinary drivers licence and related matters are heard by Magistrate and can be located here.
A Magistrate has a discretion to grant an “EDL” to a person when that persons drivers licence has been disqualified by a court. Much will depend on the circumstances of each case and the reasons why the licence is required. Relevant matters include;
The safety of the public;
- The character of the applicant;
- The overall circumstances of the application;
- The nature of the offence or offences giving rise to the disqualification;
- Any relevant conduct of the applicant since the disqualification;
- Why the “EDL” is required.
At the hearing, the applicant must produce evidence to the Magistrate showing that without the EDL, the applicant;
- Will be deprived of the means of obtaining urgent medical treatment for an illness, disease or disability suffered by the applicant or a member of the applicants family;
- Will suffer an undue financial burden by depriving the applicant/his family of its principal means of obtaining income;
- Will be deprived of the only practical means of travelling to and from the place where the applicant is employed.
There is a statutory waiting time following the disqualification of not less than 28 years.
An EDL cannot be issued in the following circumstances;
Where the relevant licence was granted interstate;
Demerit suspensions;
Suspensions due to non payment of fines or a disqualification notice issued by a police officer.
