Changes to the legislation for Extraordinary Drivers Licences (“EDL”), section 76 of the Road Traffic Act, took effect from 4 July 2011. These changes abolish special applications.
The changes also direct that a Court shall not make an order directing the grant of an EDL unless the refusal would:
- deprive the applicant of the means of obtaining urgent medical treatment for an illness, disease or disability known to be suffered by the applicant or a person who is a member of his family; or
- place undue financial burden on the applicant or his family, by depriving him of his principal means of obtaining income; or
- deprive the applicant or a person who is a member of his family of the only practicable means of travelling to and from the place at which he or that person, as the case may be, is employed.
The emphasis on the requirement that an applicant must show that refusal would deprive the applicant is a high test indeed and there will be some applicants who will be unable to satisfy the test, especially self-employed applicants who are not at risk of being dismissed or of being deprived of their principal means of obtaining income.
It seems that mere hardship is no longer sufficient for granting an EDL. Reference will need to be made to the cases dealing with extreme hardship.
Applicants should take this amendment into account and if necessary obtain legal advice. Please do not hesitate to contact our office to arrange an appointment with one of our lawyers.
Please call us on (08) 9335 9877 or complete the form below to request an Introductory Consultation.