You may be able to have your disqualification periods removed.
In October 2017 the NSW Government introduced legislation aimed at reducing unauthorised driving and repeat driver offending.
As part of the reforms some disqualified drivers may be eligible to apply to a Local Court to have their disqualification lifted. This may be the case if they have not committed any driving offences and complied with their disqualification for a minimum of 2 or 4 years, depending upon the reason for their disqualification.
However, certain drivers will not be eligible to apply. This includes drivers who have been convicted of offences such as murder or manslaughter caused by the use of a motor vehicle, or an offence that caused death, grievous bodily harm or wounding through the use of a motor vehicle.
Upon application, the Local Court will decide if the driver’s disqualification can be lifted based on a variety of factors, including:
- The safety of the public
- The driver’s overall driving record
- The type of offences that resulted in the disqualification
- Family, carer, work, education or other commitments
- Any other factors the court deems important
If a driver is successful in having the disqualification lifted they will need to apply to the Roads and Maritime Services and complete standard road safety knowledge tests to get their license back.
The new legislation is based on the premise that lengthy disqualification periods do not deter unauthorized driving and have a disproportionate impact on individuals.
The new legislation is aimed at reducing reoffending by providing new ways for people to return to lawful and regulated driving.
Call us today to find out if you are eligible to remove the disqualification period currently imposed.
If you require more information on the above article contact Rylie Hahn-Hamilton at rhahn-hamilton@marsdens.net.au or by phoning (02) 4626 5077.
The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.
