Application to shorten or remove licence disqualification
Disqualified drivers are eligible to make an application to the court to have part or all of their court ordered disqualification period removed.
New South Wales Parliament has recently passed a package of law which allows a Local Court to remove existing licence disqualifications after an ‘offence free period’. Applications can be made to have disqualification periods removed. The Local Court can only do this where:
- An application is made by the disqualified driver (through their legal representative or otherwise);
- The disqualified driver has completed their ‘offence free period’;
- The disqualified driver has not been convicted of any other moving traffic offence; and
- The court is convinced that it is ‘appropriate’ to remove the remaining disqualification.
The ‘offence free period’ which a disqualified driver must complete will depend on the drivers criminal and traffic record and their past convictions. This needs to be assessed on a case by case basis, however most drivers will need to have served four years of their disqualification periods before making an application. Some drivers will only need to serve two years.
As set out above, the application isn’t as simple as merely serving the ‘offence free period’. A court must also be convinced by a driver or their legal representative that it is ‘appropriate’ to remove the remaining disqualification.
Putting forward evidence about personal circumstances and a desire for a licence may not be enough to persuade a Magistrate to remove the disqualification period and reinstate a licence. Evidence about what the disqualified driver’s learnt during their time off the road, a change in attitude, new job prospects, a change in their family circumstances or a medical condition may strengthen their application.
As always, Armstrong Legal is here to help. If you have any questions, or if you’re a disqualified driver, please do not hesitate to call us on 1300 038 223 to see if (or when) you, a family member or friend is eligible to make such an application. We can provide legal representation to prepare and file the application, prepare the supporting evidence required and appear at court in order to maximise the chance of successfully removing the disqualification period.
WHERE TO NEXT?
In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.