In the state of NSW drivers who are disqualified from driving can make an application to the Local Court to have a period of disqualification removed. It should be noted that the Road Transport Act details who is ‘eligible’ and who is ‘ineligible’ to apply.
Prior to making any application you must obtain legal advice from a legal practitioner and ideally the legal practitioner must have an up-to-date copy of the driving record so that an assessment can be made as to whether there are any grounds for such application.
Section 221D of the Road Transport Act notes that a person is NOT eligible to apply if they have ever been convicted of any of the following offences and they include:
- Murder or manslaughter caused by the use of a motor vehicle
- An offence under the Crimes Act which comprises or includes causing, death, grievous bodily harm, or wounding by the use of a motor vehicle
- Crimes Act offences of Predatory Driving (section 51A) or Police Pursuits (section 51B)
- Negligent driving causing death or grievous bodily harm
- Intentional menacing driving
- Failing to stop and assist after impact causing death or grievous bodily harm – s52AB of the Crimes Act or s146 of the Road Transport Act
Furthermore, the Road Transport Act also notes 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;
- A major offence (as defined in section 4 of the Road Transport Act 2013)
- Exceeding the speed limit by more than 30 kilometres per hour
- Street racing – section 115(1)
- Aggravated burnout – section 116(2)
- Or any other offence prescribed by the statutory rules
The ‘Offence free period’ of 2 years as defined in section 221A of the Road Transport Act notes that A person must be eligible to apply and be offence free for 2 years if an existing period of disqualification was imposed as a result of:
· Being declared a habitual traffic offender
· in any other case
What does the Court take into consideration?
When the court considers whether to remove a disqualification period, it should be noted that section 221B(2)(a) of the Road Transport Act sets out all the matters which the court takes into account and some of those matters include:
1. Public safety
2. The driving record of the person making the application to the Court (‘The Applicant’)
3. The Applicant’s need for a licence/ requirement to travel to meet their commitments
4. Availability of public transport
5. The Applicant’s Health
6. The Applicant’s financial position
7. Any other relevant circumstance
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 27th October 2022.
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