If you are currently facing a lengthy disqualification period, you may be eligible to apply to shorten or remove your licence disqualification provided you meet specific criteria, including an offence free period.
Eligibility Criteria:
Offence-Free Period:
4-Year Period: You must have no driving offences for the past 4 years if you were disqualified for:
A Major Offence: This includes serious infringements such as drink driving or driving in a manner or at a speed that is considered dangerous.
Exceeding Speed Limit by More than 30km/h: Significant speeding offences fall under this category.
Street Racing: Organized racing on public roads is a serious offence.
Aggravated Burnout: Performing burnouts in a manner that is deemed reckless or dangerous.
2-Year Period: You must have no driving offences for the past 2 years if you were disqualified for:
Being Declared a Habitual Traffic Offender: A person who was convicted of 3 major traffic offence within a 5 year period.
Other Driving Offences: Any other infringements not classified as major offences.
No Convictions for Certain Offences:
You must not have been convicted of certain severe offences, especially those involving death or grievous bodily harm, to be eligible to apply for the removal of a disqualification.
Who Can Apply?
You can apply if:
You have served the required offence-free period (either 2 or 4 years) based on what your licence was disqualified for.
You have not committed any driving offences during this period.
You have not been convicted of any of the disqualifying offences.
Steps to Apply for Removal of Licence Disqualification
Driving Record Application:
Complete the “Driving record application for disqualification removal order” form. This is an essential first step to formally begin the removal process.
Post: Mail your completed form to Roads and Maritime Services, Disqualification Removal Orders, Locked Bag 14, Grafton NSW 2460.
Transport NSW Review:
After receiving your application, Transport NSW will review your driving record to determine if you meet the eligibility criteria.
You will receive a copy of your driving record along with a covering letter from RMS that provides a recommendation on your court application eligibility.
Court Application:
Upon receiving your eligibility status letter from Transport NSW, you can proceed with applying to the Local Court for a driver licence disqualification removal order.
Catron Simmons Lawyers can assist you by preparing and submitting the application on your behalf.
Ensure you lodge all necessary documents with the Local Court and pay any applicable fees (note that fee waivers may be available for those on Centrelink benefits or experiencing financial hardship).
Important Considerations
Rejection of Application:
If your application for a disqualification removal order is rejected by the Local Court, you may have to wait 12 months before reapplying. Therefore, it’s crucial to ensure your application is robust and meets all criteria.
Driving Without a Valid Licence:
Driving without a current and valid licence is a criminal offence. Penalties for driving while disqualified and/or suspended can include substantial fines, possible imprisonment and substantial periods off the road.
Legal Assistance
Catron Simmons Lawyers can provide comprehensive support throughout this process, including:
Application Preparation: Ensuring your application is complete and meets all necessary requirements.
Representation: Representing you in Local Court to effectively present your case for the removal of the disqualification.
Guidance: Advising you on how to maintain compliance with driving laws to prevent future disqualifications.
By understanding and following the eligibility criteria and correct procedures, you can manage your licence disqualification removal process more effectively and reduce the risk of further legal issues.
Licence Appeal – Remove Disqualification
What offences make you ineligible?
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.
What happens if my application is refused?
If your application is refused at court, you cannot apply for another 12 month period from the refusal date.
Under the Habitual Traffic Offender Declaration (HTOD) scheme, any person who was convicted of three major traffic offences within a five-year period was declared a Habitual Traffic Offender.
Implications:
Extra Disqualification: An additional 5-year disqualification was applied per declaration.
Repeal of HTOD Scheme
Changes to Legislation:
In 2017, the HTOD scheme was repealed. This means people are no longer declared Habitual Traffic Offenders nor automatically given extra disqualifications for committing multiple offences within the stipulated time frame.
Current Status:
No New Declarations: Since the repeal, no new Habitual Traffic Offender declarations are made.
Existing HTOD Declarations
Unfortunately, HTOD declarations that were made before the law was changed in 2017 remain valid and in effect. This means that individuals who were already declared Habitual Traffic Offenders and received additional disqualifications based on the previous scheme still have those disqualifications applied.
Key Points to Remember
Legacy Impact: Any HTOD declarations made before the repeal in 2017 still apply.
End of Automatic Disqualification: The repeal has ended the automatic disqualification for new offences post-2017.
What is the Traffic Offender Program? Should I complete it?
The Traffic Offender Program is an education-based course designed to change driving attitudes and behaviours. The course content is legislated, making it a structured and standardised program that courts look upon very favourably.
Purpose and Benefits
Objective:
To educate offenders about the consequences of traffic offences.
To promote safe driving practices and prevent reoffending.
Benefits:
Positive Court Consideration: Completing the course can positively influence court decisions regarding traffic offences.
Reduced Recidivism: Aims to reduce the likelihood of repeat offences by providing comprehensive education on the impact of unsafe driving.
Course Structure
The course covers various aspects of safe driving and the legal consequences of traffic violations. Specific topics include:
Road Safety
Traffic Laws and Regulations
Consequences of Unsafe Driving
Impact of Traffic Offences on Victims and Families
Strategies for Safe Driving
Eligibility and Enrollment
Who Should Enroll:
Individuals who have committed traffic offences and seek to demonstrate a commitment to improving their driving behaviour.
Enrollment Process:
You can typically enroll in the Traffic Offender Program through court referrals or by contacting approved program providers.
You should ensure that the Program is a listed registered service provider with the NSW Courts.
If the court removes my disqualification period, what happens next?
Do Not Drive Until You Have a New Driver Licence
Key Warning:
Legal Consequences: Driving before receiving a new licence can result in a conviction for ‘driving while cancelled’. This offence is serious and can lead to:
Imprisonment: Up to 12 months in gaol.
Further Disqualification: At least an additional 6 months disqualification from driving.
Action Required:
Apply for a New Licence:
Visit Service NSW to apply for a new driver licence.
Complete the necessary road safety and knowledge tests.
Fulfill any additional requirements as specified by Service NSW or Roads and Maritime Services.
Licence Verification by Roads and Maritime Services
Review of Offence-Free Period: Roads and Maritime Services will verify whether there were any recent driving offences that the court may not have been aware of during your case hearing.
Re-hearing If Necessary: If additional offences are discovered, your case will be referred back to the court, and you will not receive a new licence until the court reviews and re-hears your case.
Sorting Out Outstanding Fines
Impact of Unpaid Fines:
Service NSW may not issue you a licence, or may suspend any issued licence, if you have outstanding fines.
Action Required:
Check and Pay Fines: Immediately address any unpaid fines to avoid complications.
Contact Revenue NSW:
For assistance with fines or to resolve any fines-related restrictions, contact Revenue NSW at 1300 655 805.
Next Steps:
Ensure all fines are paid and any restrictions are lifted before applying for a new licence.
Complete all necessary tests and requirements to successfully obtain your new licence.
Avoid driving until you have a valid and current driver licence to prevent further legal issues.
By following these steps, you can ensure a smooth process for reinstating your driving privileges without facing additional legal penalties or complications.
We are a experienced boutique firm with a client driven focus. Located in the Hills District at Bella Vista servicing Sydney Wide. Catron Simmons Lawyers offer you the knowledge, confidence and the straightforward advice you require.
Alternatively, you can give us a call on 0407 171 626 (Alicia) or 0407 534 594 (Michelle)
We are open Monday to Friday from 9am-5pm but contactable 24/7.
