If you currently face a lengthy disqualification period and have complied with this a period of two or four years offence free (depending on your case) and you have not been convicted of certain driving offences involving death or grievous bodily harm, then you may be eligible to remove or appeal your licence disqualification.
Every case is different, so you need to make sure that you are eligible and that you have good prospects for your case.
You cannot apply if you have ever been convicted of one of these serious driving offences:
- Murder or manslaughter caused by the use of a motor vehicle
- An offence under the Crimes Act that caused the death, grievous bodily harm or wounding by a motor vehicle
- Predatory Driving or Police Pursuits (under the Crimes Act)
- Negligent driving causing death or grievous bodily harm
- Intentional menacing driving
- Failing to stop and assist after impact causing death or grievous bodily harm.
Who can apply to remove a licence disqualification?
You can apply if:
- you have not been convicted of any of the offences listed under Who cannot apply? and
- you haven’t committed any other driving offence during the ‘offence-free period’ that applies to you.
Your ‘offence-free’ period depends on what offences your licence was disqualified for. You must show you had no driving offences for either 4 years or 2 years before the date you apply.
It will be 4 years if you are disqualified from driving because of any of these offences:
- A major offence (for example, drink driving, driving in a manner or speed that is dangerous)
- Exceeding the speed limit by more than 30km/h
- Street racing
- Aggravated burnout.
It will be 2 years if you have been disqualified from driving because:
- you were declared an habitual traffic offender, or
- you committed any other driving offences.
Applying to remove a licence disqualification
You must follow in order these 4 steps:
- Complete a Driving record application for disqualification removal order form.
- Send by post or email your completed disqualification removal order form to either:
- Roads and Maritime Services at Disqualification Removal Orders, Locked Bag 14, Grafton NSW 2460
After Roads and Maritime receive your completed form, a review of your driving record
will be conducted to determine your eligibility. A copy of your driving record with a Roads and Maritime covering letter will be sent to your preferred return email or postal address. The letter will provide a recommendation on your court application eligibility.
- After receipt of your Roads and Maritime eligibility status letter and you have decided to continue with your application, you will need to apply to make an application to the Local Court to remove driver licence disqualification.
- All these documents need to be lodged with the Local Court and a fee typically applies (If you are on a Centrelink benefit or experiencing financial hardship, you can ask to have the fee waived).
Should your disqualification removal order application be rejected by the local court, you may not be able to make another application for 12 months.
Driving without a current and valid licence is a criminal offence and you may face offences such as driving while disqualified with penalties that include possible imprisonment.
You should consult a traffic lawyer at Catron Simmons Lawyers in order to understand your prospects and prepare a thorough licence disqualification application to give you the best chance at court. Contact us today 0407 171 626.