Quashing of Habitual Traffic Offender Declarations / Removal of License Disqualifications
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.
If the declaration is quashed, the court must give reasons.
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:
Certain persons are ineligible to apply for the removal of licence disqualifications, including if at any time they have been convicted of certain serious offences under the Act or the Crimes Act 1900.
The application must include:
- an up-to-date statement of the applicant’s driving record
- particulars of any pending proceedings against the applicant for an alleged driving offence, and
- any relevant matter the applicant requests the court to take into account in determining the application.
To ensure the accuracy and currency of information available to determine the application, the court may require reports be provided in relation to the applicant or that earlier reports be updated including:
- police reports with respect to the applicant’s criminal record
- reports from RMS with respect to the applicant’s driving record, and
- reports from the Commissioner of Fines Administration with respect to any penalty notices that are pending proceedings against the applicant for alleged driving offences
The court may order the removal of licence disqualifications if the following 2 conditions are met:
(a) the disqualified person has not been convicted of any driving offence during the relevant offence-free period, and
(b) the court considers it appropriate to do so
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.
If the application is granted all disqualifications cease to have effect as at the date of making the order, or on a later date as specified by the court.
The court may adjourn proceedings so the applicant may participate in a driver education course or other program the court considers appropriate.