Removal of Licence Disqualification – s221C Road Transport Act 2013 (NSW)
Disqualified from driving for many years either by the Court, or from habitual offender declarations, is stressful. It impacts on your ability to earn an income, and support a family.
As leaders in NSW traffic law, speak to our specialist team of senior traffic lawyers on how to now remove all your licence disqualification periods, simply by making an application to the Local Court.
Am I Eligible to Apply to Remove All My Disqualification Periods?
You can apply to have all your disqualification periods removed if you fit within any one of the following categories:
- You have not been convicted for ANY driving offence over the last 4 years; AND
- The disqualification(s) you are now asking to be removed are caused from any of the below driving offences:
- Negligent driving causing death or grievous bodily harm
- Driving in manner furious, reckless or dangerous to public,
- Driving with presence of drugs in your oral fluid, blood or urine,
- Driving under the influence
- Menacing driving
- Failing to stop & assist after impact causing injury
- drink driving
- exceeding speed over 30km/h
- You have not been convicted for ANY driving offence over the last 2 years; AND
- The Disqualification(s) you are now asking to be removed are caused from Habitual Offender Declaration(s).
- Where you don’t fit within category 1 or 2 above; AND
- You have not been convicted for ANY driving offence over the last 2 years.
How to Remove All Disqualification Periods
Assuming you fit within 1 of the 3 categories, you must complete and file the application form with the Local Court together with an updated traffic record (you must obtain this from the RMS).
All your disqualification periods will be removed if the Magistrate in the Local Court considers it is appropriate to remove them.
The Magistrate may consider it is appropriate to remove all disqualification periods after considering the following factors:
- Public safety
- Your driving record
- The nature of the driving offences that have caused the disqualifications you are asking to be removed
- Other relevant circumstances, including, the effect of the disqualification(s) on:
- Your family and caring responsibilities
- Your ability to travel for work, business, education or training
- Your health and finances
- Availability of alternative transport
The below are tips on how to best prepare your case, to maximise your chances at removing all your disqualifications:
Traffic Offenders Program
You can significantly increase your chances of convincing the Court to remove your disqualification periods by completing an accredited traffic offenders program course.
See this page for a list of traffic offenders programs available for you to contact.
Good Character Letters
You can significantly improve your chances at removing all disqualification periods by getting powerful letters, from the right people. Each letter is to be obtained to then hand to the Magistrate to read on your application.
Letters should come from yourself, family, employer, and friends. Each letter should comment on the extent of your need for a licence, the impact of not having a licence on family, income, and others who rely on you to drive. Each letter should be reviewed, with feedback, by an experienced traffic lawyer before being handed to the Court.
Financial records and Employment Contracts
If you, and/or your family, are suffering financial hardship due to loans, mortgage repayments and other expenses, then it is critical to show this to the Court by producing updated financial records.
Payslips, and/or your contract of employment expresses a need for a licence may also be very helpful.
A report from an expert psychologist can significantly improve your chances of getting all disqualifications removed. This is if the report expresses insight into an explanation for your previous conduct giving rise to the disqualifications, the current impact on your mental state arising from not being able to drive, and a treatment plan showing rehabilitation.
An experienced traffic lawyer can refer you to the right expert for this purpose.
An up to date traffic record is required to be produced to the Court. It’s important to get an experienced traffic lawyer to first look at your traffic record, analyse it, and discuss it with you. Your lawyer will then be able to understand and provide a persuasive explanation to the Court.
By getting an experienced traffic lawyer to carefully analysing your traffic record, at an early stage, will put you in the best position for him/her to work out how to best prepare and represent you in your case.
Who is Never Allowed to Apply for the Removal of Disqualifications?
You are precluded from ever applying for the removal of all your disqualification periods, if you have ever been convicted of any one or more of the below offences:
- Intentional Menacing Driving
- Negligent Driving Causing Grievous Bodily Harm or Death
- Police Pursuit or Predatory Driving, under the Crimes Act 1900 (NSW) offences
- Murder, or Manslaughter caused by using a motor vehicle
- Drive Causing Death, Grievous Bodily Harm, or Wounding, under the Crimes act 1900 (NSW) offences
- Failing to Stop and Assist after Impact Causing Injury
When Can I Make a Second Application to Remove Disqualifications?
After making an unsuccessful application for the removal of your disqualification periods, you will have to wait 1 year before you can make another application for removing those disqualifications.
This is expressed in s221C(4) Road Transport Act 2013 (NSW).