The Habitual Traffic Offender Penalties were abolished in NSW in October
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. So what does this mean?
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)
It’s important to note that traffic laws can change over
time, so it’s always recommended to seek legal advice to obtain the most
accurate and up to date information regarding your situation.
Why Should you Choose Nicopoulos Sabbagh Lawyers to
represent you in your Court Case?
Nicopoulos Sabbagh Lawyers a reputable Law Firm is the
leading Law firm in both Criminal Law & Traffic Law matters. Nicopoulos
Sabbagh Lawyers has dealt with the most complex matters and our office appears
in all Jurisdictions in Criminal Law. No matter is too complex for the team so
be sure to book your first Free Consultation today!
It is very important that you
speak with a lawyer so that you can get the appropriate legal advice which you
require prior to going to court.
Our team of experienced solicitors are there for you and can
help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly
reflects the Laws of NSW as at 6th November
2023.
*Please note 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.