The
Habitual Traffic Offender Penalties were abolished in NSW in October 2017.
Under a Scheme which had commenced in 2017, an eligible person
who has served the relevant ‘Offence-Free Period’ may apply to the Local
Court to have their existing period(s) of licence
Disqualifications removed.
If a
person has ever been convicted of an offence listed in section 221D of
the Road Transport Act 2013 then they will never be eligible to apply
(regardless of whether the conviction is historic or whether the conviction
resulted in a licence disqualification). There is
absolutely no waiting period which can cure any issue with respect to
ineligibility.
When
considering the relevant offence free period, it is the offence
leading to an existing disqualification which is important. For a person to be ‘offence
free’ a person must not have been convicted of any driving offence
throughout the relevant period which leads up to the time of the application
and leading up to the date the court determines the matter.
As
defined in Section 221A of the Road Transport Act 2013 it is
noted that, a person must be eligible to apply and be ‘offence free’ for
4 years if an existing period of disqualification was imposed because of a
conviction for any of the following offences:
1.
A Major
Offence (As defined in section 4 of the Road Transport Act 2013).
2.
Exceeding
the speed limit by more than 30 km/h
3.
Street racing-
section 115(1)
4.
Aggravated
Burnout- section 116(2)
5.
Or any
other offence prescribed by the Statutory Rules.
It is
further noted in section 221A that a person must be
eligible to apply and be offence free for 2 years if an existing period
of disqualification was imposed because of:
1.
Being
declared a Habitual Traffic Offender; or
2.
In any
other case.
What
does the court take into consideration when deciding whether to remove my
period of disqualification period?
Section
221B(2)(a) of the Road Transport Act sets out all
the matters which the court considers when deciding whether to remove a period
of disqualification and this includes:
1.
The Applicant’s
Health as well as finances; and
2.
Public
safety; and
3.
The
applicant’s driving record as a whole; and
4.
Any relevant
conduct since the licence disqualification; and
5.
The
applications capacity or requirement to travel to meet their commitments and
the availability of public transport; and
6.
Any
other relevant circumstance(s)
*This
article correctly reflects the Laws of NSW as at 20th May
2022.
*It should be
noted that this page or any other pages on our website (including any other
social media platforms for Nicopoulos Sabbagh
Lawyers) are not to be considered as a substitute for
legal advice or even other professional advice. It should also be noted that
accessing of this information from this website does not create
a client-lawyer relationship.