5 February 2018
As of 28 October 2017, Habitual Offender Declarations have been abolished, however not retrospectively. This means the RMS can no longer issue Habitual Offender Declarations but previous Habitual Offender Declarations will not be automatically removed from a traffic record.
New License Review Legislation
As of 28 October 2017, the local court now has the power to remove license disqualifications upon review.1 To be eligible to make an application for review, the disqualified person must not have been convicted of a driving offence during the relevant offence free period. The relevant offence free period is 4 years for the following offences:2
a) A major offence;
b) A speeding offence exceeding a speed limit of more than 30 kilometres/hr;
c) Conduct associated with speed or drag racing;
d) Negligent, furious or reckless driving.
The relevant offence free period of 2 years applies if:3
a) The person was declared an habitual offender in relation to offences other than those listed above;
b) In any other circumstance.
In considering a person’s eligibility to make a review, the Local Court must deem it appropriate to do so. This involves consideration of the following:4
a) Disqualified persons driving record;
b) Safety of the public;
c) Nature of the offence giving rise to the disqualification;
d) Whether the disqualified person was in a position to drive at the time of the offence;
e) Any subsequent conduct; and
f) All subjective circumstances.
Individuals automatically disqualified from making review applications include those convicted of the following:5
a) Murder or manslaughter caused by the use of a motor vehicle;6
b) Death, GBH or wounding by use of motor vehicle;7
c) Negligent Driving causing death or GBH;8
d) Predatory or Menacing Driving;
e) Failing to stop after accident causing death or GBH:9 (‘Hit and Run’); or
f) A PCA10 offence and hold an interlock driver licence.
Applying for a review
To apply for a review to remove license disqualifications an application to the Local Court must be made which must include:8
a) Any relevant matter;
b) An up-to-date driving record; and
c) Any particulars of pending proceedings.
There is no right to appeal, however the applicant may wait 12 months before submitting a further application.
Mersal & Associates specialise in traffic matters. For assistance or advice on an habitual offenders declaration contact our office for an appointment.
1 Road Transport Amendment (Driver Licence Disqualification) Act 2017 (NSW).
2 Ibid s 221B.
3 Ibid s 221B.
4 Ibid s 221B(2).
5 Ibid s 221D.
6 Ibid s 221D(a).
7 Ibid s 221D; Crimes Act 1900 s 52A(1).
8 Road Transport Amendment (Driver Licence Disqualification) Act 2017 (NSW) s 221D(d).
9 Ibid s 221D(f).
10 Prescribed concentration of alcohol.
11 Road Transport Amendment (Driver Licence Disqualification) Act 2017 (NSW) s 221C(2).