Extraordinary licence fact sheet

If you have been disqualified from driving by a court, you may be able to apply for an extraordinary licence. You will need to have a good reason to be allowed to drive if you have been disqualified.

You must obtain an order from the court granting you an extraordinary licence. The order will allow you to drive only in certain situations. The court order is NOT an extraordinary licence.

An extraordinary licence is issued by the Department of Transport or agent. After the court has made an order granting you an extraordinary licence, you must attend a licensing branch. You must satisfy their requirements for them to issue you with the extraordinary licence.

If you are under 18, you should apply for an extraordinary licence to the Children's Court.

You must lodge an application form in person at the court registry. An affidavit also needs to be lodged. The affidavit must state the reasons you need an extraordinary licence and what will happen if you cannot drive.

You should also attach a letter from your employer or doctor to support your reason for needing a licence.

No fee is payable for applications lodged in the Children's Court.

You cannot apply for an extraordinary licence if you are:

1. serving a demerit point suspension
2. serving the period of an immediate disqualification notice
3. serving a fine suspension imposed by the Fines Enforcement Registry
4. if you have had an application for an extraordinary licence refused by the court in the last 6 months.

For demerit point suspensions and immediate roadside disqualifications, you must wait until the end of the period stated in the notice. You can then make an application for an extraordinary licence.

To lift a fine suspension, you need to pay all outstanding fines. Or you can arrange to pay off fines with the Fines Enforcement Registry. Your suspension will only be lifted if fines are paid in full or a payment plan is approved.

The court can only make an order for an extraordinary licence if you need it for:

1. medical reasons;
2. getting to and from work and there is no other way to do that; or
3. you will lose your job if you do not have an extraordinary licence.

You must wait a certain time before you can apply for an extraordinary licence. This depends on the type of offence and other traffic convictions you may have. If you have been in custody, the time limit does not start until the day you are released.

You must make sure you are eligible to apply. Fees you pay for an application may not be refunded if you are not eligible to apply.

If you are unsure how long you need to wait, you should seek legal advice.

A hearing date will be set at least 14 days after you lodge your application. The hearing will be before a magistrate.

The court will give a copy of your application to the Department of Transport. An officer from the Department of Transport will attend at the hearing.

You must attend court on the hearing date. You need to provide information and documents to prove why you need an extraordinary licence. For example, you might need financial records, medical reports, letter from employer.

If you are unsure or need help, you should seek legal advice.

The court will consider many factors when deciding if you should be granted an extraordinary licence. These include:

1. Safety of the public.
2. Your driving history and traffic record.
3. The circumstances of the case.
4. The type of offence and situation that resulted in the disqualification of your licence.
5. How you have behaved since the offence and the loss of your licence.

The court will want to know things like:

1. Has your employment changed?
2. Have you changed your behaviour since the disqualification of your licence?
3. What is your behaviour now?
4. Have you had any other charges or convictions since the disqualification of your licence?
5. Have you had any alcohol or drug counselling?

No. The court makes an order that you can obtain an extraordinary licence. The court order is not a licence to drive.

After the court has made an order, you must go to a licensing branch of the Department of Transport. You will need to pay a fee and give them your identification. You will have to meet any other requirements they have. The Department of Transport will then issue you with an extraordinary licence.

You can only start to drive after the Department of Transport gives you the extraordinary licence. You can only drive under the conditions of the extraordinary licence. An extraordinary licence is not a licence to drive anytime.

You cannot drive until you have obtained the extraordinary licence from the Department of Transport.

You can only drive under the conditions of the extraordinary licence.  It is an offence to drive any other time.

If you do not obey the conditions of the extraordinary licence, you could be charged, fined or have your extraordinary licence cancelled.

You can apply again in 6 months. The application fee is not refundable.

Yes. If you need to change the conditions of your extraordinary licence, you must file an Application to Vary.

The application will be listed in the same way as your initial application. It will be heard by a magistrate in the same way your initial application was.

You will need to attend court and explain what you need to change and why. You will also need to provide information and documents to support the change.

The court will decide whether to vary the conditions of your extraordinary licence.

Waiting period of 21 days - first offence.

Waiting period of 3 months - first offence of DUI but you have a previous conviction of:

• excess 0.08%;
• excess 0.08% and drugs;
• fail to provide sample when excess 0.08%; or
• fail to comply with other requirements of a police officer.

Waiting period of 4 months - second (or more) offence.

Waiting period of 21 days - first offence.

Waiting period of 2 months - first offence but you have a previous conviction of:

• excess 0.08% and illicit drugs; or
• fail to comply with a requirement of a police officer; or
• fail to provide a sample when excess 0.8%.

Waiting period of 2 months - second offence.

Waiting period of 3 months - third (or more) offence.

Waiting period of 21 days - first offence.

Waiting period of 3 months - first offence but you have a previous conviction of:

• excess 0.08%;
• excess 0.08% and drugs;
• fail to provide sample when excess 0.08%; or
• fail to comply with other requirements of a police officer.

Waiting period of 4 months - second offence.

Waiting period of 21 days - first offence.

Waiting period of 3 months - first offence but you have a previous conviction of:

• excess 0.08%;
• excess 0.08% and drugs;
• fail to provide sample when excess 0.08%; or
• fail to comply with other requirements of a police officer.

Waiting period of 4 months - second offence.

Waiting period of 21 days - first offence.

Waiting period of 3 months - first offence but you have a previous conviction of:

• excess 0.08%;
• excess 0.08% and drugs;
• fail to provide sample when excess 0.08%; or
• failure to comply with other requirements of a police officer.

Waiting period of 4 months - second offence.

Waiting period of 21 days - first offence.

Waiting period 2 months - second offence.

Waiting period 3 months - third (or more) offence.

Waiting period of 21 days - first offence.

Waiting period of 3 months - first offence but you have a previous conviction of:

• excess 0.08%;
• excess 0.08% and drugs;
• fail to provide sample when excess 0.08%; or
• fail to comply with other requirements of a police officer.

Waiting period of 4 months - second offence.

Waiting period of 21 days - first offence.

Waiting period of 2 months - second offence.

Waiting period of 3 months - third (or more) offence.