Western Australian Current Acts

ROAD TRAFFIC (AUTHORISATION TO DRIVE) ACT 2008 - SECT 35

35 .         Application to vary or cancel conditions of, or cancel, extraordinary licences

        (1)         The holder of an extraordinary licence may from time to time during the currency of the licence apply to a court for an order varying the conditions to which the licence is for the time being subject or cancelling those conditions and substituting other conditions.

        (2)         The CEO may from time to time during the currency of an extraordinary licence apply to a court for an order —

            (a)         varying the conditions to which the licence is for the time being subject or cancelling those conditions and substituting other conditions; or

            (b)         cancelling the licence.

        (3)         An application under subsection (1) or (2) in relation to an extraordinary licence —

            (a)         granted at the direction of the Supreme Court or the District Court of Western Australia is to be made to the court by which that direction was made; or

            (b)         granted at the direction of the Magistrates Court or the Children’s Court is to be made to the court that made the direction, which is to be constituted by a magistrate.

        (4)         If an application is made under subsection (1) or (2) —

            (a)         and the court is of opinion that the conditions to which the extraordinary licence is then subject should be varied, or that those conditions should be cancelled and other conditions substituted, for the reason that the holder of the licence has changed his or her place of residence, place of employment or hours of employment or for any other reason which the court considers sufficient, the court may order accordingly and when an order is so made, the CEO must cause the conditions as so varied or substituted to be endorsed on the licence; or

            (b)         the court may cancel the extraordinary licence if the court is of the opinion that the holder of the extraordinary licence —

                  (i)         is addicted to alcohol or drugs to such an extent as to render him or her a danger to the public when in control of a motor vehicle on a road; or

                  (ii)         suffers from a mental disorder or from a physical disability that is likely to impair his or her ability to control a motor vehicle; or

                  (iii)         is no longer capable of driving as authorised by the licence; or

                  (iv)         is not of good character; or

                  (v)         should not, by reason of the number or nature of his or her convictions for offences incurred since the granting of the extraordinary licence, being offences under any road law or offences under the law in force in any other jurisdiction or other country of which the driving or using of a motor vehicle was an element, be the holder of a driver’s licence.