How do I remove myself as a Habitual Traffic Offender?
Prior to 28 October, 2017, Traffic for NSW (“TFNSW”) had the authority to declare a person a Habitual Traffic Offender if a minimum of three serious traffic offences had been dealt with by the courts over a 5-year period.
In addition to a court-imposed disqualification, the TFNSW would impose an additional 5-year disqualification to be served consecutively with the court-imposed disqualification, leading to what was arguably a disproportionate penalty.
Though this scheme is no longer in operation, its abolition has not resulted in the offences being quashed. There are two ways of doing this. You will need to either:
- Apply to have your disqualification removed (see above section); OR
- Apply to have the Habitual Traffic Offender’s declaration quashed
Please seek legal advice as to which type of application will give the best possible chance of success.
How do I become eligible to apply?
You will require the following documents to make your application eligible.
- The relevant application form.
- Your traffic history.
- A copy of the letter declaring you a Habitual Traffic Offender.
- A filing fee as determined by the Local Court.
What will the court consider?
In determining whether to grant your application, the court may consider:
- The three offences that led to your declaration
- Which court or courts convicted you.
- The dates of the three convictions.
- Any threats to community safety.
- Your ability to access public transport.
- Your need for a license, taking into account family, work or study commitments.
- Whether you need a license to gain employment.
- Whether you have any health concerns.
- Your financial circumstances.
- Whether you have completed a traffic offender’s program.
- Whether your life has changed since the offence
- Anything else that the court considers relevant (ie. the evidence presented to the court.)
“Relevant Offences” leading to the habitual Traffic Offender declaration
“Relevant offences” include:
- Making an application for a license whilst not holding a valid license.
- Drive suspended
- Drive disqualified
- Drive cancelled
- Exceed speed by more than 30km/h
- PCA and drug offences, including DUI.
- Dangerous or predatory driving
- Negligent driving occasioning death or serious injury
- Reckless or furious driving
- Menacing driving
- Failing to stop and give assistance after a fatal or serious accident occasioning injury.
- Police pursuit
- Wilfully altering breath, oral, blood or urine samples.
Let us help. Get in Touch.
Appointments can be conducted via:
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World Square
Level 45, 680 George Street,
SYDNEY NSW 2000.
P: (02) 9145 1262 or 0407 122 230
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