1 September 2015
Pursuant to the Road Transport Act 2013, a person is deemed an habitual offender when he is convicted of a relevant offence after having been convicted of 2 relevant offences within the previous 5 years.1 A relevant offence is any of the following2:
1. major offence3
2. prescribed speeding offence - 45km over the limit4
3. Driving unlicensed
4. Driving whilst disqualified, suspended or cancelled
Examples of a major offence are murder or manslaughter where a motor vehicle is involved; PCA, DUI; drive manner dangerous, reckless or furious; negligent driving causeing death or grievous bodily harm (GBH); fail to stop after causing injury.
By statute an habitual offender is disqualified from driving for the additional period of 5 years over and above any Court ordered disqualifications and is to commence at the expiration of the existing disqualification periods.5 However, habitual offenders declarations may be quashed where the Court considers them to be disproportionate and unjust.6
Mersal & Associates specialise in traffic matters. For assistance or advice on an habitual offenders declaration contact our office for an appointment.
- Section 217 Road Transport Act 2013
- section 216
- Section 4
- Road Rules 2014 - Reg 10-2
- Section 219
- Section 220