Making an Application to Reduce or Remove a Licence Disqualification

If you are a New South Wales Licence Holder and have been disqualified by the Court, after an “offence free period”, you may be eligible to apply for either a reduction in the disqualification period or otherwise a complete removal of the disqualification period. This article discusses the circumstances when a person becomes eligible to make an application, the process and what the court considers. 

A copy of the application can be found here. Once completed, it needs to be filed with a New South Wales Court which will allow for the application to be allocated a hearing date.

Offence Free Period

Firstly, before making an application, you should confirm whether your traffic and criminal records reflect there has been an offence free period. The specific offence free period required will vary depending on a person’s offence history. For example, a driver will be required to serve an offence free period of 4 years for major traffic offences and 2 years for other offences. Below are some common offences which fall within the respective offence free periods.

Offence free period of 2 years

• Habitual Traffic Offender Declaration 
• Drive whilst Suspended
• Drive Unlicenced
• Drive whilst Cancelled
• Drive whilst Disqualified

Offence free period of 4 years

• Speeding by more than 30Km/H over the limit
• Races, attempts on speed records (s115)
• Road and drag racing (s116)
• Furious / Reckless / Speed Dangerous to Public (s117)

Never Eligible Offences

Section 221D provides that disqualifications cannot be reduced for the following offences:

• Murder or manslaughter caused by the use of a motor vehicle
• Causing death, GBH or wounding by the use of a motor vehicle
• Predatory driving or police pursuits (s51A, s51B)
• Negligent driving causing death or GBH (s117(1)(a) or (b))
• Intentional menacing driving (s118)
• Failing to stop and assist after vehicle impact causing death or GBH

Appropriateness

After you have confirmed that an offence free period has been served after having regard to both your traffic and criminal records, the court must then consider whether it is then appropriate to remove the disqualification period. Under section 221B of the Road Transport Act 2013 (NSW), the court will take into account the following considerations when determining the appropriateness of removing the disqualification period:

• the safety of the public
• the applicant’s driving record (both prior to and after the offence-free period)
• whether the applicant drove or was in a position to drive a vehicle during the relevant offence-free period for the applicant
• conduct after to the licence disqualifications
• the nature of the offence/s giving rise to the licence disqualifications
• any other relevant circumstances (including, the impact of the licence disqualifications on the applicant’s capacity to carry out family or carer responsibilities, capacity to travel for the purposes of employment, business, education or training, the applicant’s health and finances and the availability of alternative forms of transport)

Evidence of the above will be highly important in making a successful application.

What are the possible outcomes from making an application?

Under section 21BB of the Road Transport Act 2013 (NSW), the court has the power to:

1. Allow your application and remove the disqualification period, or
2. Reduce or vary the disqualification period, or
3. Dismiss your application 

If an application is refused and dismissed, the court cannot hear a second application until a 12-month period has passed.

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