Frequently asked questions
What matters will the Court take into account?
The Court's power to grant an EDL is discretionary and is not exercised lightly. You must satisfy the Court that you or a member of your family will suffer severe hardship by being unable to work or obtain urgent medical treatment. Mere inconvenience – for example, having to use public transport or taxis to travel – is not sufficient. If there is severe hardship the Court will then consider:
- the reason for your disqualification;
- your subsequent conduct;
- the risk to the public;
- your general character; and
- the general circumstances of your application.
Can I apply for an EDL if I have unpaid fines?
No. You must pay all outstanding fines or reach a time-to-pay arrangement with the Fines Enforcement Registry before you can apply for an EDL.
Can I obtain an EDL if my licence has been suspended for excessive demerit points?
No. Your only option is to take advantage of the 'double or nothing' election.
Will I have to re-sit my practical or theory driving tests?
If your driver's licence has been cancelled because of a disqualification, you will have to re-sit all driving tests. Depending on how long it has been since you were legally allowed to drive and whether there is anything which suggests to the Court that you are an unsafe or unfit driver, the Court may also require you to re-sit a test as a condition of the EDL.
When can I apply?
You must wait at least 21 days after your licence has been suspended before you can apply for an EDL. A longer waiting period applies for the following offences:
|Driving under the influence of alcohol|
|First offence||21 days|
|Excess 0.08 with 1 previous conviction||2 months|
|Excess 0.08 with 2+ previous convictions||3 months|
|Excess 0.15 with previous minor convictions||3 months|
|Excess 0.15 with previous convictions||4 months|
|Failure to comply with police directions (second or subsequent offence)||4 months|
|Failure to comply with police directions (with two or more previous minor convictions)||3 months|
|Failure to comply with police directions (with previous minor conviction)||2 months|
|Driving while impaired by drugs||4 months|
A minor conviction means an offence of driving with a blood alcohol content of 8% (but less than 15%) or refusing a preliminary roadside test.