How To Get Your Disqualifications Removed Now

The New NSW Driving Laws have come into effect from 28 October 2017, allowing you to now apply to the Local Court for an order removing your licence disqualifications.

You can now apply to the Local Court to remove your disqualifications if you fit under any one of the following 3 categories.

Category 1

  • You have not been convicted for any driving offence in the last 4 years; And
  • Your current disqualifications were due to a conviction for any one of the following offences:
    1. Drink Driving
    2. Exceed speed limit by more than 30km/h
    3. Menacing driving
    4. DUI or driving with presence of drugs in system
    5. Drive at speed or manner dangerous to public
    6. Drive furiously or recklessly

Category 2

  • You have not been convicted for any driving offence in the last 2 years; And
  • Your current disqualifications are due to Habitual Traffic Offender Declaration(s).

Category 3

  • You have not been convicted for any driving offence in the last 2 years; And
  • Where you don’t fall into any of the above categories 1 or 2.

Who is Never Allowed to Apply For Removal of Disqualifications?

You are not ever allowed to make an application to remove your disqualifications if ever convicted of any one or more of the following offences (even if you weren’t disqualified for it):

  • Murder or Manslaughter caused by using a motor vehicle
  • Drive Causing Death, Grievous Bodily Harm or Wounding pursuant to the Crimes Act 1900 (NSW)
  • Failing to Stop and Assist after Impact Causing Injury
  • Intentional Menacing Driving
  • Negligent Driving Causing Grievous Bodily Harm or Death
  • Police Pursuit or Predatory Driving pursuant to the Crimes Act 1900 (NSW)

For more information, read our earlier article on How to Get Your Disqualifications Removed in NSW.

Our trusted professional colleagues from Sydney Criminal Lawyers have also published an excellent article on the New NSW Driving Laws.

How to Apply to Remove Disqualifications?

You must fill out and file a Local Court application to remove your disqualifications. Apart form including your name and other personal details, you must also specify that you are making the application pursuant to section 221B of the Road Transport Act 2013 (NSW).

You are also required to obtain a pre-approval letter from the RMS, and attach this together with a copy of your updated traffic record, when making your application.

New Penalties for Driving Offences in NSW

See below for a summary of the new penalties for some common driving offences.

Changes to the Offence of Drive while Never licensed- s53(3) Road Transport Act 2013 (NSW)

The pre changes to the traffic law on the offence of driving while never licensed (if it’s the second time you committed this offence in the last 5 years), carries a maximum punishment of up to 18 months imprisonment. It also carries an automatic licence disqualification of 3 years.

The new traffic law changes to this offence have reduced the maximum term of imprisonment to 6 months. The new changes will also carry a reduced period of licence disqualification to a default 12 months. However, the Court has the option to reduce this to a 3 months minimum disqualification.

You will completely avoid a licence disqualification if you receive a s10 dismissal or Conditional Release Order (CRO).

The new laws, although allowing a Magistrate to reduce the disqualification to 3 months, can also be increased above the default 12 months.

Changes to the Offences of Driving While Disqualified, Suspended or Cancelled- s54 Road Transport Act 2013 (NSW)

The pre changes to the traffic law on offences of drive while disqualified, suspended or cancelled, carries a maximum term of 18 months imprisonment, and an automatic licence disqualification of 12 months. This applies if it’s the first time you committed that offence in the last 5 years.

The pre changes to these offences, where it’s the second time you committed it in the last 5 years, carries a maximum term of 2 years imprisonment, and 2 years automatic disqualification period. The Court doesn’t have an option to reduce that automatic period.

The new changes to these offences, where it’s the first time you committed it in the last 5 years, reduces the maximum term of imprisonment to 6 months. It carries a new default period of 6 months licence disqualification, with an option for the Magistrate to reduce this to 3 months.

The new changes to these offences, where it’s the second time you committed it in the last 5 years, reduces the maximum term of imprisonment to 12 months. It carries a new default period of 12 months licence disqualification, with an option for the Magistrate to reduce this to 6 months.

The new laws now give the Court power to be more lenient. It also allows the Magistrate to impose a longer disqualification than the default periods. Unless you receive a s10 dismissal, or the new Conditional Release Order (CRO), you will receive a disqualification period.

Changes to the Offences of Driving While Suspended or Cancelled Due for Non-Payment of Fines- 54(5) Road Transport Act 2013 (NSW)

The pre changes to the traffic law on offences of driving while suspended or cancelled as a result of failing to pay RMS fines, carries a maximum term of 18 months imprisonment, and automatic licence disqualification of 3 months. This applies if it’s the first time you committed the offence in the last 5 years.

In the event it’s the second time you committed the offence in the last 5 years, the pre changes to these offences carries a maximum term of 2 years imprisonment, and an automatic licence disqualification of 2 years. The court doesn’t have an option to reduce that disqualification.

The new changes to these offences, where it’s the first time you committed it in the last 5 years, gets rid of the term of imprisonment. It also keeps the 3 months disqualification period as the default period, but allows the Magistrate to reduce it to a minimum of 1 months disqualification.

The new changes to these offences, where it’s the second time you committed it in the last 5 years, imposes a reduced maximum period of 6 months imprisonment. It also reduces the disqualification period to a default period of 12 months, but allows the Magistrate to reduce it to a minimum of 3 months disqualification.

The Magistrate can also increase the disqualification period above the default period. But this will depend on the circumstances of the case. Unless you get a s10 dismissal or, the soon to be introduced, Conditional Release Orders (CRO), your licence will be disqualified if you commit any of those offences.

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About Jimmy Singh

Mr. Jimmy Singh is the Principal Lawyer at Criminal Defence Lawyers Australia - Australia's Leading Criminal Defence Lawyers, Delivering Exceptional Results in all Australian Courts.

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