Extraordinary Driver's Licence applications
Who can apply for an EL?
You can apply if you are under a court imposed licence disqualification or suspension.
You cannot apply if:
- you are under a roadside disqualification notice from the police
- you have a Licence Suspension Order for unpaid fines or infringements
- your licence is disqualified because of excessive demerit points (including breaching Double or Nothing), or
- your licence is disqualified in another state.
If you were disqualified from driving and your licence was cancelled, the court may make an order that you re-sit your test before you are allowed to drive under an EL. This may be helpful to you because:
- you will not have to wait until after your disqualification has ended to reapply for a licence
- you will not have to wait in a queue before you re-sit the test
- when the EL ends, you will be allowed to continue driving because you will already have sat your test and have your licence back.
What reason do I need to give for wanting an EL?
The court will not give you an EL unless you can show that if you cannot drive:
- you or a family member will be unable to get urgent medical treatment for an existing illness, disease or disability, or
- it will take away the main source of earning money and cause an undue financial burden on you or your family, or
- you or someone in your family has no other practicable means of transport for getting to and from work.
When can I apply for an EL?
There are certain waiting periods that apply from the date that you are disqualified before you can apply for an EL. The amount of time you have to wait depends on why your licence was disqualified and whether you have other traffic convictions.
To find out the waiting period that applies to you, either contact the registry of the court where you are making the application or get legal advice.
If your application is refused, you must wait six months before you can apply again.
Where do I apply for an EL?
If you were disqualified by a Magistrates Court, you must apply for an extraordinary licence to the Magistrates Court.
If you are under the age of 18, you must lodge your application with the Children’s Court.
If you were disqualified from driving by a District Court or Supreme Court, you must lodge your application with whichever of those courts disqualified you.
How do I apply for an EL in the Magistrates Court?
You must complete an application form with an affidavit in support, pay the fee, and lodge your application with the Magistrates Court.
You must lodge your application online using the eCourts Portal, unless you have an exemption. You need to register here to use eCourts Portal.
If you are unable to lodge the application online, you may be able to apply for an exemption by lodging a Form 69 at a Magistrates Court registry.
You must provide a completed affidavit in support of your application. This must be uploaded with your application if you are lodging online through eCourts portal.
Once you have lodged your application for an EL, you will be given a date to come back to court to make your application in front of a magistrate.
In deciding whether to grant your application, the magistrate will consider a number of factors including:
- the degree of hardship to you or your family if the court does not grant the licence
- the safety of the public
- your character
- the nature of the offence(s) giving rise to the disqualification, and
- your conduct since you were disqualified from driving.
If you are granted an EL, you must lodge your court order with a licensing centre of the Department of Transport to have the licence issued, before you can drive.
What conditions might be attached to my EL?
The court can attach whatever conditions it thinks are appropriate. Some common conditions are:
- the days and hours which you can drive
- the purposes for which you can drive (eg work or medical reasons)
- the location where you can drive
- the vehicle/s you can drive, or
- having to keep a logbook of all the times you drive under your EL.
You can apply to change or vary the conditions of your EL by making an application to the court.
Depending on your convictions, you might also need to comply with conditions of the Alcohol Interlock Scheme from the Department of Transport before you can drive under the EL.
If you are charged with breaching the conditions of your EL, you will be fined and your EL will be cancelled, unless special circumstances exist. If you breach conditions about the time, purpose or location, your vehicle will also be impounded by the police.
- Infosheet - Extraordinary Driver's Licences
- Infosheet - Traffic offences
- Video fact sheet - Lost your licence?
Magistrates Court of WA
Department of Transport
Reviewed: 15 February 2022