Before 28 October 2017, if you were convicted of three or more serious driving offences within a five-year period, you may have been declared a Habitual Traffic Offender. This declaration was made under the old Road Transport (General) Act 1999.
Habitual Traffic Offenders were automatically disqualified from holding a driver’s licence for five years. The disqualification period would begin only after other periods of licence disqualification, suspension or cancellation had been completed. The five-year disqualification period was also in addition to any other penalty imposed by the court.
The Habitual Traffic Offender scheme was abolished on 28 October 2017, as evidence showed the scheme did not meet the needs of the community.
You can no longer be declared a Habitual Traffic Offender, but existing Habitual Traffic Offender declarations remain in effect.
How can a Habitual Traffic Offender declaration be removed?
You can apply to the Local Court to have the declaration quashed.
This involves completing a form available from the NSW Local Court website and paying a filing fee.
You will then be given a date to attend court. On this date, the Local Court will hear your matter. You will need to explain to the magistrate why you think the declaration should be quashed.
We can assist you with your application and represent you at your hearing at the Local Court.
How can we help?
If you have been declared a Habitual Traffic Offender, we can assist you to remove the declaration.
Book a free consultation or call us on 1300 668 484 for 24/7 legal advice.
