License Disqualification Appeals

License Disqualification Appeals

License Disqualification Appeals

Disqualifications
A court that convicts a person of an offence against the Road Transport Legislation may, at the time of conviction, order the disqualification of the person from holding a driver licence for such period as the court specifies.
Mandatory disqualifications for speeding offences are dealt with in the Road Rules 2014 including offences involving speeds of more than 45 kms and 30 kms per hour over the limit.
A second or later consecutive disqualification period is brought forward if an earlier disqualification period is annulled, quashed, set aside or varied so that there is no hiatus period.
Where a driver licence has been suspended, the court is required to take into account the period of suspension when deciding the period of disqualification.
Appeal to Local Court against suspension of drivers licence by police
A police officer may suspend immediately, or within 48 hours, the driver’s licence of a defendant charged with specified offences.
The driver may appeal to the Local Court. However, lodging an appeal against such a notice does not stay the suspension. The Local Court may hear and determine the appeal and may vary or revoke the suspension. In determining such an appeal, the Local Court is not to vary or set aside such a suspension unless it is satisfied that there are exceptional circumstances justifying a lifting or variation of the suspension. The court is not, for the purposes of any such appeal, to take into account the circumstances of the offence with which the driver is charged.
Habitual traffic offender may apply to have declaration quashed
Habitual traffic offenders declarations was repealed with effect from 28 October 2017.
However, a person declared to be a habitual traffic offender before the scheme was abolished may apply to have that declaration quashed.
A declaration that a person is an habitual traffic offender may be quashed if the court determines the disqualification imposed is a disproportionate and unjust consequence having regard to the person’s total driving record and the special circumstances of the case.
Removal of licence disqualifications
From 28 October 2017 an eligible person subject to a licence disqualification may apply to the Local Court to have his/her driver licence disqualification removed provided he/she has been offence free for the specified period:
When considering whether it is appropriate to grant such an application the following must be taken into account:
(a) public safety
(b) the applicant’s driving record (including the record before the relevant offence-free period and the record for driving offences and other offences under the road transport legislation and for pending proceedings for alleged driving offences) [reports from police, RMS and State Revenue should be provided to the court on the first listing date to assist with establishing this requirement
(c) whether the applicant drove or was in a position to drive a vehicle during the relevant offence-free period
(d) any relevant conduct of the applicant subsequent to the licence disqualifications
(e) the nature of the offence or offences giving rise to the licence disqualifications
(f) any other relevant circumstances (including, without limitation, the impact of the licence disqualifications on the applicant’s capacity to carry out family or carer responsibilities or on the applicant’s capacity to travel for the purposes of employment, business, education or training, the applicant’s health and finances and the availability of alternative forms of transport)
(g) any other matter prescribed by the statutory rules.