Immediate Disqualification Notices (WA) (2024)

In most cases, when a person in Western Australia is stopped by police and has committed an alcohol-related offence, they will be served with an Immediate Disqualification Notice pursuant to section 71C of the Road Traffic Act 1974. Upon receipt of the notice, the alleged offender will be disqualified from holding or obtaining a driver’s licence for a period of two months. This article outlines when Immediate Disqualification Notices are issued in WA and what effect they have.

What is an alcohol-related offence?

The alcohol-related offences in Western Australia are set out in the below table.

OffenceProvision
Exceed 0.08 grams of alcohol per 100 ml of bloodSection 64 Road Traffic Act 1974
Driving under the influence of alcoholSection 63 Road Traffic Act 1974
Refusing to provide a breath or blood sample for analysis Section 67 Road Traffic Act 1974

What must the immediate disqualification notice include?

The disqualification notice must:

  • Identify for which offence the notice is given;
  • Specify the grounds on which the notice is given;
  • Identify the time and date of the alleged offence;
  • Identify where the alleged offence was committed;
  • Describe the offence with reasonable clarity;
  • Identify the provision that creates the offence; and
  • Include a statement to the effect that section 71F contains the circ*mstances in which the alleged offender may apply to the court for an order revoking the notice.

Duration of an immediate disqualification notice

A person who is served an immediate disqualification notice is disqualified from holding or obtaining a driver’s licence for the period of the notice unless revoked sooner.

If the alleged offender is acquitted, the notice is immediately revoked.

Revoking an immediate disqualification notice

In certain circ*mstances, a police officer may be required to immediately revoke an immediate disqualification notice. This includes when:

  1. The police officer becomes aware that the breath analysing equipment was faulty at the time of the offence;
  2. A charge for the offence to which the notice relates has not been laid within 10 days after the time when the notice was given; or
  3. A charge for which the offence relates is discontinued.

If a notice is revoked as per the above, the officer is required to advise the alleged offender that it has been revoked.

Does this affect the sentence I will receive?

Pursuant to section 71H of the Road Traffic Act 1974, the court is to take into consideration any period of disqualification already served pursuant to an immediate disqualification notice.

In practical terms, the court usually makes an order that any term of disqualification imposed is reduced by any period already served.

Breach of an immediate disqualification notice

If you are caught by police whilst subject to an immediate disqualification notice, you are driving without authority to do so. This will result in your car being impounded and a further charge being laid. You will have to attend the Magistrates Court to answer the charge.

Should you be convicted of driving with no authority to do so, your licence will be suspended for a further period of disqualification which will be ordered to be served cumulatively.

This means that if you receive a period of 9 months disqualification for your original offence of drink driving and you receive a period of 9 months disqualification for driving with no authority, you will be required to serve a period of 18 months before you are eligible to drive again.

Can I apply for an extraordinary driver’s licence?

The simple answer is no. You are not eligible to apply for an extraordinary driver’s licence whilst disqualified pursuant to an Immediate Disqualification Notice.

If you require legal advice or representation in any legal matter please contact Armstrong Legal.

Immediate Disqualification Notices (WA) (2024)

FAQs

How to get your license back after disqualification WA? ›

How do I apply to have my licence disqualification removed?
  1. Gather all the relevant information.
  2. Complete and file an application form with the court.
  3. Pay the application fee.
  4. Complete and file affidavits in support of your application.
  5. Go to court for the hearing.

What happens when you get disqualified? ›

Disqualification until test is passed

If you were disqualified until re-tested, you'll need to apply for a provisional driving licence and retake both a theory and practical driving test. If you previously held a motorcycle licence, you'll need to pass a test in category A to have it reinstated.

What is an example of a disqualification? ›

Being born in a non-US country is a disqualification for becoming President of the United States. Not speaking French might be a disqualification for studying in France, and being over 18 is a disqualification for participating in Little League baseball.

Is revoked the same as disqualified? ›

Revocation however is not the same as disqualification. This process involves the withdrawal of a motorist's licence with no end date by which they can drive again. Fundamentally, the revocation of a licence is a permanent termination often as a result of a breach of new driver provisions or for medical reasons.

What happened after disqualification? ›

Once you have served the disqualification, the licence is reinstated automatically in the absence of any other Order indicating that you need to retake your test etc. Your licence will automatically be revoked so if your licence has not been retained by the Court, you will be required to return it to the DVLA.

How do I get my license unsuspended in WA? ›

How to Reinstate Your Drivers License. Once your license suspension period is up, you can reinstate your license by supplying the court with a SR-22 Financial Responsibility Form and paying a $75 fee. There may be additional licensing fees you'll need to pay as well.

What is a sentence for disqualified? ›

Each player took the wrong option, signed for the wrong score and was subsequently disqualified. All eight players were disqualified. It emerged yesterday, though, that the team may be disqualified.

What does disqualified decision mean? ›

/dɪˌskwɒl.ɪ.fɪˈkeɪ.ʃən/ [ C or U ] the act of stopping someone from taking part in a competition or activity, usually because a rule has been broken, or the state of having this happen to you: disqualification from The fans' bad behavior has resulted in the disqualification of their team from the championship.

How fast to get banned from driving? ›

Is a ban automatic? Although the Police attempt to resolve most offences by way of a Fixed Penalty Notice, at excessive speeds, a Court appearance is inevitable. For speeds in excess of 100 mph (or more than 30 miles above the relevant limit) the punishment starts at disqualification as opposed to penalty points.

What is the disqualification rule? ›

Ratified in the Civil War's aftermath, Section 3 of the Fourteenth Amendment, which is sometimes referred to as the Insurrection Clause or Disqualification Clause, disqualifies any person from being a Senator, Representative, or elector of the President or Vice-President, or from holding any federal or state military ...

Who can remove the disqualification? ›

The Election Commission may, for reasons to be recorded, remove any disqualification under this Chapter 1[(except under section 8A)] or reduce the period of any such disqualification.

What is the cause of disqualification? ›

Disqualification for dismissal for corruption or disloyalty. (1) A person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of such dismissal.

What does it mean when you are disqualified? ›

: to deprive of the required qualities, properties, or conditions : make unfit. 2. : to deprive of a power, right, or privilege. 3. : to make ineligible for a prize or for further competition because of violations of the rules.

What does getting disqualified mean? ›

/dɪˈskwɒl.ɪ.faɪ/ C2. to stop someone from being in a competition or doing something because they are unsuitable or they have done something wrong: be disqualified from Two top athletes have been disqualified from the championship after positive drug tests.

What does disqualified status mean? ›

1. : something that disqualifies or incapacitates. 2. : the act of disqualifying : the state of being disqualified.

How do you remove a life disqualification in WA? ›

How do you remove a life disqualification? An offender sentenced to a life disqualification can make an application to the District Court of Western Australia (or the Supreme Court of Western Australia if the life disqualification was imposed in that court) to have the life disqualification removed.

What happens when you lose your license in WA? ›

If your driver's licence is lost or damaged, you can apply for a replacement: online using DoTDirect. in person at a Driver Vehicle Services (DVS) centre, DoT regional office or agent.

What is a cumulative disqualification? ›

Cumulative means that the disqualification period will start one after another. If your disqualifications are cumulative, you will need to apply to have each disqualification removed separately. You will have to serve the waiting period between each application.

Is it illegal to drive without your license on your WA? ›

Circ*mstances regarding licensing while driving are regulated and contained in Section 49 of the Road Traffic Act 1974 (WA) of the WA legislation. Anyone driving without a licence will face a summary charge in a Local Court (Magistrates Court) unless included in a filed charge for other grievous offences.

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