Western Australian Consolidated Acts

ROAD TRAFFIC ACT 1974 - SECT 42D

42D .         Driver’s licence not to be granted or renewed in certain circumstances

        (1)         Except as allowed by subsection (2) or in a case described in subsection (4), the Director General cannot grant a driver’s licence to a person unless —

            (a)         the Director General —

                  (i)         is satisfied that the person usually resides in this State; or

                  (ii)         is satisfied that the person does not usually reside in any other jurisdiction and does not hold, and has never held, an Australian driver licence granted under the law of another jurisdiction;

                and

            (b)         if the person has held —

                  (i)         any Australian driver licence; or

                  (ii)         any licence or authorisation to drive a motor vehicle granted to the person by an external licensing authority,

                the person has ceased to hold the licence or authorisation and has notified the Director General, in a form approved by the Director General, of that fact.

        (2)         Despite subsection (1), the Director General may, in circumstances prescribed in the regulations, grant a driver’s licence to a person who still holds a licence or authorisation to drive a motor vehicle granted to the person by an external licensing authority.

        (3)         Except in a case described in subsection (4), the Director General cannot renew a person’s driver’s licence if the Director General —

            (a)         is no longer satisfied as section 42D(1)(a) would require if that paragraph applied; or

            (b)         is satisfied that the person has any other licence or authorisation because of which, if the person were seeking the grant rather than the renewal of the driver’s licence, subsection (1) would prevent the Director General from granting it.

        (4)         This section does not prevent the Director General from granting an extraordinary licence to a person or renewing a person’s extraordinary licence —

            (a)         even though the person may not usually reside in this State, and whether or not the person usually resides in any other jurisdiction; and

            (b)         even though the person may have a licence or authorisation referred to in subsection (1)(b).

        (5)         This section does not limit the circumstances in which the Director General may refuse to grant or renew a driver’s licence.

        [Section 42D inserted by No. 54 of 2006 s. 6.]