Sydeny & Parramatta Criminal Defence Lawyers

Removal of Licence Disqualification

In NSW disqualified drivers are able to apply to the Local Court to have their disqualification periods removed.

The process and conditions that are required to do so are set out in the information below.

What’s the process for a Removal of Licence Disqualification?

Parliament have recently introduced new laws which allow for the Local Court of NSW to wholly or partly remove licence disqualifications if the person has completed an ‘offence-free period’.

The relevant offence free period is 4 years if the person has been convicted of any of the following offences:

  • An offence involving the use of a vehicle to cause death or grievous bodily harm to another person;
  • Drink driving
  • Drug driving
  • An offence of exceeding the speed limit by more than 30 km/h;
  • An offence involving street racing and negligent or furious driving.

The relevant offence free period is 2 years in any other case including if the licence disqualifications were imposed because the person was declared a habitual traffic offender.

Step 1

If you have completed the relevant ‘offence free period’ the first step in removing a licence disqualification is to get a copy of your driving record from Roads and Maritime Services (RMS). This can be done by filling out a Driving Record Application for Disqualification Removal Order form. This form can be found here. This form can then be sent to the RMS via email or via post.

The RMS will review your driving record and provide you with a copy of your driving record and a letter indicating whether you are eligible to apply for the removal of the licence disqualification.

Step 2

A section 45 application form to the Local Court then needs to be filled out, detailing the reasons in support of the application. This form can then be filed in the Local Court registry and they will provide a date for the application to be heard. The filing fee is $95.00.

Step 3

The application will then be heard in court by a Local Court Magistrate. After the hearing the magistrate will make a decision. If the application is successful they may decide remove the disqualification period entirely, in which case you may immediately apply to the RMS to get your licence back. It is important to not drive until your licence is reissued.

If you are unsuccessful in your application, you may be able to make another application 12 months after the date of the decision.


Book a Free Consultation for the Removal of Licence Disqualification

The process of applying to remove a licence disqualification can be complex and difficult to navigate. At First Offence Legal we have an outstanding success rate in getting drivers with extensive traffic records and crushing disqualification periods back on the road! We understand that your licence and ability to drive is often crucial to day to day living. We will assess your record and provide you with clear advice as to what you will need to show the court to be successful.

If you or anyone you know are a disqualified driver and believe that you are eligible to remove that disqualification period you should contact First Offence Legal and book your free no obligation consultation.

Remember you should always make First Offence Legal your first defence.

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