Driver Disqualification and Habitual Offenders

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As of October last year, there has also been a change to the operation of driver disqualifications.

Prior to reforms, a person was declared a Habitual Traffic Offender if they had been convicted of 3 serious driving offences within a 5-year period. The result of which was a 5-year suspension, on top of the original penalties handed down for each offence. This scheme has now been abolished, as BOSCAR statistics show that extensive suspension periods are of little deterrence.

The new reforms allow those that have been compliant with their disqualifications for a minimum of 2 years (or 4 years for more serious offences) to apply to the Local Court to have their disqualification lifted.

To be eligible to have a disqualification lifted early you must not have a record of any driving offence occasioning death or grievous bodily harm, or offences relating to predatory driving, police pursuits or intentional menacing driving.

If the disqualification is lifted early, you will still need to reapply to have your license re-issued. You may be required by the RMS to pass a standard knowledge and driving test to do so, and any outstanding fines may slow or prevent your progression back to lawful driving.

However, for those who do not comply with their disqualification, police will have increased powers to seize number plates and vehicles on the spot.

If you find yourself in trouble with the law, or unsure if you need to attend Court under these new reforms, you should contact Coutts on (02) 4647 7577 and our friendly team and experienced criminal law solicitor will be more than happy to assist.

If you have any questions or for further information contact:

Luisa Gaetani
Senior Lawyer
luisa@couttslegal.com.au
02 4607 2112

 

 

 

This blog is merely general and non specific information on the subject matter and is not and should not be considered or relied on as legal advice. Coutts is not responsible for any cost, expense, loss or liability whatsoever in relation to this blog, including all or any reliance on this blog or use or application of this blog by you.