Applying for Extraordinary License
An extraordinary license allows a person disqualified from driving to be able to drive under certain strict conditions. However, it is not available to all persons disqualified and the issuance is wholly upon the discretion of the court. An application for extraordinary license may be filed upon the start of the disqualification. The license will be effective as stated in the court’s order but will not exceed one year.
Who are not qualified to apply for an extraordinary license? These are drivers who have:
- Received notice of disqualification from the police.
- Been disqualified under a demerit point suspension.
- Been suspended from driving for not paying fine or infringement. An application can only be filed after the fine has been paid and the suspension lifted.
- Been suspended for breach of good behaviour.
- Been disqualified or suspended from driving by another state or territory.
- Not disqualified from driving but license has been cancelled.
- Disqualification period has ended.
An Application for Extraordinary License
An application for extraordinary license can be filed with the Magistrates Court, District or Supreme Court, whichever court that disqualified the driver. If the driver is 18 years old and below, the application must be filed with the Children’s Court. A hearing will be held to which a representative from the Department of Transport or a police officer will be attending. The driver must be prepared to provide evidence and information to support his application.
The court will be considering many factors in deciding the application. Some of the considerations are:
Absolute necessity to drive for medical reasons like the driver has injuries or is pregnant;
- Driving is required for employment purposes, for example, the driver will lose his job if he doesn’t have a license;
- Driver’s character;
- Nature of the offence committed which resulted to the disqualification;
- Traffic record or history of the driver; or
- Financial burden on the driver’s family if he cannot drive.
The court order granting the application must be furnished to the Department of Transport for the issuance of the license. Until this license is issued the driver must not drive otherwise he will be committing another offence.
If the court grants the application it will be subject to conditions. The order may specify the location, time, place, hours and purposes for which the driver can drive and also the vehicle that can be driven. Breach of the conditions will result to a fine and cancellation of the extraordinary license.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.
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