Habitual Traffic Offender Declarations

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Habitual Traffic Offender Declarations

What is the effect of being declared a habitual traffic offender?

In addition to any disqualification period imposed by the Court for the offence(s) which resulted in you being declared an habitual traffic offender the RTA will disqualify you for a further 5 years.

If the Court that convicts you of the offence giving rise to the declaration thinks fit the Court may order a longer period than 5 years.

Why was I declared an habitual traffic offender?

A person is declared to be an habitual traffic offender if a Court in New South Wales convicts the person of a relevant offence, and the person has, in the period of 5 years before the conviction , also being convicted of at least two other relevant offences committed on different occasions.

What offences are relevant offences?

The following offences are defined as relevant offences:

·Murder or manslaughter

·Any offence under the Crimes Act 1900

·Predatory Driving

·Drive Recklessly/Furiously/at aspeed dangerous

·Drive negligently and cause death or GBH

·Manacing driving

·PCA (drink driving) offences

·Refuse/failbreath/blood/urine/oral test

·Alter a breathbreath/blood/urine/oral test

·Aiding, abetting, counselling or procuring the commission of one of the above offences

·Drive more than 45 klm’s overthe speed limit

·Drive unlicensed (2^ndoffence)

·Drive/make application forlicence while disqualified

·Drive/make application forlicence while suspended

·Drive/make application forlicence while cancelled

Can I do anything about the declaration?

Yes. An application can be made to have the habitual traffic offender declaration quashed (set aside) or the disqualification period reduced.

If the Court reduces the period of disqualification, you can not reduce it shorter than 2 years.

How do I apply to have the declaration quashed (set aside)?

An application can be made to the Court that convicts the person of the relevant offence.

A copy of the relevant application form can be obtained here.

What do I have to demonstrate to the Court to be successful in my application?

You have to establish that the disqualification imposed by the declaration is a disproportionate and unjust consequence having regard to your total driving record and the special circumstances of the case.

Why Armstrong Legal?

Our Success

If you would like to discuss your chances of having a declaration set aside please do not hesitate to contact Lionel Rattenbury on 9261 4555.

	(02) 9261 4555
	Book an appointment