LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

WA Driving on Interstate Drivers Licence

Discussion in 'Traffic Law Forum' started by michael cross, 10 May 2015.

  1. michael cross

    michael cross Active Member

    Joined:
    10 May 2015
    Messages:
    8
    Likes Received:
    0
    While holding a valid drivers licence in a particular state am i able to visit another state and drive where my licence is suspended? If so do you know the reference in the traffic act that relates to this scenario?
     
  2. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi Michael,

    I believe this article answers your question quite comprehensively.

    The short answer is: it depends. Which interstate are you planning to drive in? Basically, each state and territory is governed by their own traffic laws. The traffic rules have no effect in themselves but if you breach the rules, you will incur legal consequences by virtue of the traffic statutes of that particular state. Overall, the statutory laws are all fairly uniform across states and territories. Most states will have in their legislation that (i) you can drive in their state on a valid driver's licence from another state in Australia; and (ii) you cannot drive in their state if your licence is suspended in another state of Australia. I cannot refer you to a particular legislation without knowing which state or territory you are enquiring about.
     
  3. michael cross

    michael cross Active Member

    Joined:
    10 May 2015
    Messages:
    8
    Likes Received:
    0
    My licence is suspended in WA. I am residing in NSW with a valid drivers licence but want to travel to and drive in WA for a reasonably short period of time where my licence is suspended.
     
  4. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,713
    Likes Received:
    402
    You don't get to double dip.
    That is, you don't get to evade suspension in one state
    by getting a licence in another (nor by using one from interstate that you already have).
     
  5. michael cross

    michael cross Active Member

    Joined:
    10 May 2015
    Messages:
    8
    Likes Received:
    0
    Thanks Tim, i'm not trying to evade suspension tho, I'm accepting the penalty. I'm just trying to find out if, by law,I am able to drive in WA as a visitor for a very short period of time. Can anybody give me a point of reference in the WA Traffic Act that relates to this scenario?
     
  6. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi Michael,

    In WA, there is an "exceptional drivers licence" which you may try and apply to. This is unique to WA and is something like the "work licence" you were referring to. However, given your licence is not from WA and the suspension was not in WA, I am not sure whether you may apply. Even if you get this, the licence will be limited to WA. Best to read the fact sheets (also: here) and call up the Magistrates' Court or Legal Aid in WA to enquire.
     
  7. michael cross

    michael cross Active Member

    Joined:
    10 May 2015
    Messages:
    8
    Likes Received:
    0
    Thanx so much for taking the time to reply Sarah J, I really appreciate it. I'm aware of the 'exceptional licence'.The suspension IS imposed in WA however. I'm going to dig thru the WA traffic act a little. Thanx again.
     
  8. Ponala

    Ponala Well-Known Member

    Joined:
    10 February 2015
    Messages:
    169
    Likes Received:
    19
    You are suspended from driving in WA, even though your licence is valid, your right/privilege to drive in WA is suspended.

    There is no written legislation that states what you are seeking ie: if you are suspended from driving in WA, but have a valid interstate licence, then you are allowed/not allowed to drive.

    The legislation applicable says :
    A person who —

    (a) drives a motor vehicle on a road while not authorised under the Road Traffic (Authorisation to Drive) Act 2008 Part 2 to do so; or .............................

    You are not authorised to do so as your licence is suspended. If you get pulled over and you produce your valid NSW you may get away with it, if they conduct no checks etc. If they go and do a licence check and search the database they will see you are suspended in WA.
     
  9. michael cross

    michael cross Active Member

    Joined:
    10 May 2015
    Messages:
    8
    Likes Received:
    0
    Thanks for your informative reply Ponala, I really appreciate it.
    Im wondering if there is a minimum wait period from yor suspension date before applying for a "exceptional" licence?
     
  10. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi Michael,

    The waiting period for applying for an exceptional driver's licence in WA is normally 2 months. However, this depends on why your licence was suspended, were you convicted in court of traffic infringement or was the suspension due to an automatic suspension. It also depends on any previous offences.

    Note that an exceptional driver's licence is only available in limited circumstances and the court must be satisfied that (i) you will be deprived of your primary source of living without the licence, and (ii) driving yourself is the only means of continuing your primary source of living.

    Please read the Magistrates' Court's information sheet on extraordinary licences to see if you qualify. You may apply here and find more information here.
     
    Tim W likes this.

Share This Page

Loading...