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.
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*This article correctly reflects the Laws of NSW as at 6th November 2023.
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