Driver licence disqualification reforms

Reforms have been introduced to keep repeat and dangerous offenders off our roads. At the same time, they have been designed to provide those who comply with their disqualification(s) with a road back to lawful driving.

From 28 October 2017, if you have complied with your disqualification period for a minimum of two or four years (depending on your case) and have no convictions for driving offences involving death or grievous bodily harm, then you may be eligible to have your disqualification lifted.

Eligibility

If you have had your licence disqualified and have been offence free for two to four years, you may be eligible. This will, of course, depend on your case.

You cannot apply if you have ever been convicted of one of these serious driving offences:

  • Murder or manslaughter caused by the use of a motor vehicle
  • An offence under the Crimes Act that caused the death, grievous bodily harm or wounding by a motor vehicle
  • Predatory Driving or Police Pursuits (under the Crimes Act)
  • Negligent driving causing death or grievous bodily harm
  • Intentional menacing driving
  • Failing to stop and assist after impact causing death or grievous bodily harm.

Before you apply

Download and read the Legal Aid NSW Are you disqualified from driving brochure or visit any NSW Legal Aid Office.

This will provide you with more information on eligibility and the application process. It will also help you to decide if you need legal assistance.

How to apply

You must follow in order these 4 steps:

  1. Complete a Driving record application for disqualification removal order form - you can also request this form at any service centre.
  2. Send by post or email your completed disqualification removal order form to either:

After Roads and Maritime receive your completed form, a review of your driving record will be conducted to determine your eligibility. A copy of your driving record with a Roads and Maritime covering letter will be sent to your preferred return email or postal address. The letter will provide a recommendation on your court application eligibility.

  1. After receipt of your Roads and Maritime eligibility status letter and you have decided to continue with your application, you will need to complete the Local Court Application to remove driver licence disqualification form (you must attach the Roads and Maritime issued driving record and covering letter to your application). To assist your application please ensure you include details about why the application is important to you.
  2. Lodge all three documents at a Local Court - there will be a fee (If you are on a Centrelink benefit or experiencing financial hardship, you can ask to have the fee waived).

Please note:  A driving record issued other than one received after lodging your Driving record application for disqualification removal order form will be rejected by the Court. You MUST have a certified driving record issued from Roads and Maritime along with a covering letter.

The Driving record application for disqualification removal order form can be completed online by clicking the link above or you can request it from a Service Centre

Returning to lawful and regulated driving

The local court will decide if your disqualification can be lifted and when the order will come into effect.

If your local court disqualification removal application is successful, do not begin driving until you have applied to have your licence re-issued. To reapply for your licence, first attend a Service Centre and provide your Proof of Identity documents. Roads and Maritime require you to pass a standard knowledge and driving test before being re-issued a licence to begin driving again.

If you currently have outstanding fines, you may have licence or vehicle sanctions preventing you from getting your licence. For information about your outstanding fines, contact Revenue NSW on 1300 655 805 to discuss your payment options. This may allow you to re-apply for your licence.

If you are caught driving without a licence after your disqualification is lifted, you may be charged with an unauthorised driving offence.

More information on the reforms

Police have greater powers to impose on-the-spot vehicle sanctions. This includes the ability to confiscate (for three to six months) number plates or vehicles of repeat offenders and those who commit certain serious driving offences. Certain drivers who have complied with their disqualification period for at least two years have the opportunity to apply to a Local Court to have their disqualification lifted early.

For more information about how the reforms work in practice go to NSW justice website.

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