Eligibility for a restricted license
Am I eligible to apply?
If ANY STATEMENT from the MIDDLE COLUMN applies to you or your disqualification, then you are NOT eligible to apply for a restricted licence.
| CRITERION | STATEMENT | LEGISLATION |
|---|---|---|---|
1. | Residence | You are resident outside of the ACT. | s 10 Road Transport (Driver Licensing) Act 1999 |
2. | Another Australian disqualification | You are currently disqualified in another Australian state/ territory. | s 66A Road Transport (General) Act 1999 |
3. | Disqualified until court orders | You are disqualified until a court orders that the disqualification is set aside. | s 67B Road Transport (General) Act 1999 |
4. | First offender – pca -other than a special driver | You are a first offender for prescribed concentration of alcohol in blood or breath and your concentration of alcohol was equal to or more than 0.1g. | s 67A(2) Road Transport (General) Act 1999 |
5. | First offender – pca - special driver | You are a first offender for prescribed concentration of alcohol in blood or breath, a special driver* and your concentration of alcohol was equal to or more than 0.05g. | s 67A(2) Road Transport (General) Act;*special driver is defined in s 4B Road Transport (Alcohol and Drugs) Act 1977 |
6. | Minimum period of automatic disqualification | You are disqualified under an automatic disqualification provision*, other than as a first offender for prescribed concentration of alcohol, and you have not served the minimum disqualification period for the offence. | s 67A(5) Road Transport (General) Act 1999;*automatic disqualification provision is defined in s 61A Road Transport (General) Act 1999 |
7. | Restricted licence disqualification period | You are disqualified by a court in Australia for an offence committed while the holder of a restricted licence and the remainder of the period for which you were originally disqualified has not expired. | s 67C Road Transport (General) Act 1999 |
8. | Restricted licence contravention | You held a restricted licence which was cancelled because you contravened a condition of the licence and the remainder of the period for which you were originally disqualified has not expired. | s 33(5) Road Transport (Driver Licensing) Act 1999 |
9. | Restricted licence -demerit points incurred | Your restricted licence has been cancelled because you incurred 2 or more demerit points while holding a restricted licence and the remainder of the period for which you were originally disqualified has not expired. | s 130(6)(b) Road Transport (Driver Licensing) Regulation 2000 |
10. | Probationary licence- demerit points incurred | Your licence has been cancelled because you incurred 2 or more demerit points while holding a probationary licence and 6 months from the date of effect of the cancellation has not expired. | s 133(2) Road Transport (Driver Licensing) Regulation 2000 |
11. | Infringement notice or fine default | You are disentitled to renew your licence or to obtain a driver licence because of default in payment of an infringement notice* or fine enforcement notice*. | s 45(3) and 88(4) Road Transport (General) Act 1999; see dictionaryfor infringement notice and s 84 for fine enforcement notice |
12. | Licence suspension for demerit points | Your licence is currently suspended because of excess demerit points within the previous 3 years* and you have not elected to be of good behaviour for 12 months. | s 18(3) and (4) and s 19 Road Transport (Driver Licensing) Act 1999; previous 3 years* is defined in s 18(7) of the Act |
13. | Good behaviour alternative to licence suspension – 2 or more demerit points | Your licence is currently suspended because you incurred 2 or more demerit points during your elected 12 month good behaviour period. | s 19(8) Road Transport (Driver Licensing) Act 1999 |
14. | Licence ineligibility for demerit points | You are ineligible to hold a licence because of excessive demerit points incurred within the previous 3 years* and you have not elected to be of good behaviour for 12 months. | s 20(3) and s 21 Road Transport (Driver Licensing) Act 1999; previous 3 years* is defined in s 20(6) of the Act |
15. | Good behaviour alternative to licence ineligibility– 2 or more demerit points | Your licence is currently suspended because you incurred 2 or more demerit points during your elected 12 month good behaviour period. | s 21(8) Road Transport (Driver Licensing) Act 1999 |
16. | Immediate suspension notice | You are currently subject to an immediate suspension of licence notice that has not been stayed. | S 61B(4)(f) and s 61F Road Transport (General) Act 1999 |
17. | Repeat offender - automatic disqualification provision*- alcohol and drugs-
disqualifying offence* committed before 1.12.10 | 1.You are disqualified for one of the following disqualifying offences*:
2.the offence was committed on or before 1.12.10 and 3.you are a repeat offender* because
| s 67 Road Transport (General) Act 1999; *automatic disqualification provision is defined in Relevant offence* means:
has prescribed concentration of alcohol in blood or breath, drive with prescribed drug, refuse to provide breath or oral fluid sample, refuse blood test, drive under the influence, or another provision of Road Transport (Alcohol and Drugs) Act 1977 prescribed by regulation; an offence of another jurisdiction that corresponds to one of those offences; an offence of another jurisdiction that arose out of driving while affected by alcohol or drug; or culpable driving while incapable of having proper control because of alcohol or a drug. |
18. | Repeat offender - automatic disqualification provision*- alcohol and drugs-
disqualifying offence* committed on or after 1.12.10 | 1.You are disqualified for one of the following disqualifying offences*:
2.the offence was committed on or after 1.12.10 and 3.you are a repeat offender* because
| s 67 Road Transport (General) Act 1999; *automatic disqualification provision is defined in
Relevant offence* means:
has prescribed concentration of alcohol in blood or breath, drive with prescribed drug, refuse to provide breath or oral fluid sample, refuse blood test, drive under the influence, or another provision of Road Transport (Alcohol and Drugs) Act 1977 prescribed by regulation; an offence of another jurisdiction that corresponds to one of those offences; an offence of another jurisdiction that arose out of driving while affected by alcohol or drug; or culpable driving while incapable of having proper control because of alcohol or a drug.
|
19. | Repeat offender - automatic disqualification provision *- culpable driving or certain other offences | You are disqualified for one of the following automatic disqualification provision* offences: culpable driving or certain other driving offence (including races, attempts at speed records, speed trails etc, burnouts and other prohibited conduct, negligent driving occasioning grievous bodily harm or death, furious, reckless, dangerous or menacing driving) and you are a repeat offender* because you were convicted or found guilty of culpable driving or certain other driving offence within 5 years of your current conviction. | s 67 Road Transport (General) Act 1999; automatic disqualification provision is defined in s 61A and repeat offender* is defined in |
20. | Repeat offender - automatic disqualification provision*- driver licensing | You are disqualified for one of the following automatic disqualification provision* offences:
drive while not holding (and never having held) a licence, drive or fraudulently apply for a licence while disqualified or after suspension, cancellation, or refusal
and you are a repeat offender* because
you were convicted or found guilty of: drive while not holding (and never having held) a licence, drive or fraudulently apply for a licence while disqualified or after suspension, cancellation, or refusal, within 5 years before your current conviction. | s 67 Road Transport (General) Act 1999; *automatic disqualification provision is defined in |
You can find the legislation referred to at http://www.legislation.act.gov.au/
There may be other reasons why you are not eligible to apply. You should seek legal advice if you are unsure.
When may I apply?
You may apply for a restricted licence before your expected disqualification or during your disqualification period.
How do I apply?
To apply for a restricted licence you need to:
- complete an application and affidavit in support
- lodge the completed application and affidavit at the Magistrates Court and pay the filing fee (the fee may be waived in certain circumstances)
- serve the application and the affidavit on the Road Transport Authority and the Australian Federal Police
- lodge the completed affidavits of service at the court and
- attend court for the hearing of the application.
1. Complete your application and affidavit in support - exceptional circumstances
A blank originating application and affidavit in supportcan be obtained from the Magistrates Court,Knowles Place, Canberra City, or the court’s website at http://www.courts.act.gov.au/magistrates/
The court must be satisfied that exceptional circumstances exist which justify a restricted licence. The court must have regard to the following when determining whether to grant you a restricted licence:
- your offences (including infringements) against the road transport legislation (including offences in relation to the use of motor vehicles) in the ACT or elsewhere in Australia;
- any relevant rehabilitation or remedial action you have undertaken, or will undertake;
- the risk to the safety of other road users;
- the likelihood that you, or anyone else affected by the outcome of your application, would suffer or incur any unreasonable inconvenience or loss if you were not issued a restricted licence;
- whether it would be unreasonable for you to use an alternative means of transport, including public transport;
- the likelihood of your health, or the health of a person dependant on you, suffering or being put at risk; and
- the likelihood of you complying with any conditions of a restricted licence.
Your affidavit should clearly set out the evidence in support of your application. You should write detailed reasons on why you are making the application and what exceptional circumstances exist to justify a restricted licence. It is important you provide full and accurate details.
You should attach to your affidavit evidence supporting the things you say in it. For example, if you say you need to regularly drive your child to hospital, you should attach a letter or certificate from your child’s doctor setting out why and when your child needs to be driven. If you need your licence to perform your job, you should attach a statement from your employer setting out your employment and duties, why and when you need to drive and the consequences if you can’t drive.
If you do not include any supporting evidence, the other parties (the RTA and the AFP) may not be able to properly consider your application which may lead to your application being adjourned to another date.
Your application must include the class of licence you are seeking. Your existing licence class is shown on your licence.
2. Lodge the application documents at the Magistrates Court and pay the filing fee
You need to lodge the original originating application and affidavit in support at the Magistrates Court. The current cost of lodging a restricted licence application may be found on the court’s website or you may contact the court to obtain the current fee. An application may be made to waive the fee if payment would cause you hardship (see s 15(2)(b) Court Procedures Act 2004). When you lodge your documents and pay the fee, the counter staff will give you copies of your application to serve on the other parties and give you the time and date for your hearing.
3. Serve the application and affidavit on the Road Transport Authority and the Australian Federal Police
You must serve copies of your application and affidavit on the RTA and the AFP as soon as possible.
When you lodge your application at the court, you will be given 5 sets of documents:
- 3 sets containing your application form, your supporting affidavit; and
- 2 sets containing your application form, your supporting affidavit and an affidavit of service.
You must then do the following:
- Give one set (without the affidavit of service) to the Australian Federal Police at the City Police Station;
- Give one set (without the affidavit of service) to the Road Transport Authority at the Dickson Motor Registry;
- Keep one set (without the affidavit of service) for yourself;
- After you have served the other parties, return to the Magistrates Court within 2 days and lodge both remaining sets (with your signed affidavit of service). The Counter Officer will help you to fill out the affidavit of service, and swear or affirm it before a justice of the peace.
It is important that you serve the application on the RTA and AFP as soon as possible but not later than 14 days before the hearing date. If you delay, the other parties may need to apply for an adjournment because they have not had enough time to prepare.
Alcohol and Drug Awareness Course
In accordance with section 28(2)(s), (t) and (v) of the Road Transport (Driver Licensing) Act 1999 and Division 3.13 and 3.14 of the Road Transport (Driver Licensing) Regulation 2000 there is a requirement for people convicted of drink or drug driving to complete an alcohol and drug awareness course before a restricted or probationary licence can be issued to the person by the RTA. Further information can be obtained from Access Canberra https://www.accesscanberra.act.gov.au/app/answers/detail/a_id/1581
This leaflet provides general information not legal advice. Details of free legal advice are provided at the Legal Aid ACT website. Legal Aid ACT run regular sessions on applying for a restricted driver’s licence; telephone 6243 3411 or 1300 654 314 for more information.
For further information on court procedures, telephone the Magistrates Court on 02 6205 0000 during business hours.