Removing Lengthy Licence Disqualifications

You are deemed eligible to apply if:

1. You have completed the “offence-free period” that applies to you. This is determined by the reason for your license disqualification, as follows:

4-year offence-free period

• A major offence (see definitions in s 221A of the Road Transport Act, 2013)
• Exceeding a speed limit by more than 30km/h
• Street or drag racing in a reckless or furious manner.

2-year offence-free period

• Other driving offences
• If you have been declared a habitual driving offender.

2. You have NOT committed any exclusionary or ‘never eligible offence’. These are:
   • Driving offences that have resulted in the death, serious harm or wounding of another person.
   • Police pursuits
   • Predatory driving
   • Intentional menacing driving
   • Failing to stop and assist after impact that causes death or serious harm.

3. Traffic for NSW (“TFNSW”) have supplied you with:
   • A copy of your driving record to take to court (free of charge for the purposes of the removal of a license disqualification.)
   • A letter confirming that you are eligible to apply.

This is a time-consuming process, so it is best to start the process well before your ‘offence-free period’ ends.

In determining whether to grant your application, the court may consider:

• Any threats to community safety.
• Your driving history, including the offence leading to your disqualification.
• 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.)

It is best to be legally represented when making this application to the court. If your application does succeed, you cannot reapply until a further 12 months have elapsed.

An experienced lawyer will know how to tailor an application (by advising you of what documents to include in application) to give you the best possible chance of success.