Quashing a Habitual Traffic Offender Declaration

Prior to 28 October 2017, a person who was convicted of three or more serious driving offence within a five-year time period could be declared a habitual offence by the Court or RMS. The effect of a Habitual Offender Declaration (“HOD”) would mean the RMS would add an additional five-year disqualification period on top of every disqualification period imposed by a court for the third and every additional major traffic offence within a five year period. This scheme has since become abolished, but the declarations remain effect for those who were previously declared a habitual offender. 

How can I remove a HOD?

An application to remove a HOD can be made by completing an application form and filing it at a Local Court. A recent traffic record should be attached to the application as well as the letter from RMS declaring you an HTO. The current filing fee associated with filing the appeal is $117.

A copy of the application form can be found here. 

What is the relevant test?

Under Schedule 4, Clause 65 of the Road Transport Act 2013 (NSW), the court may quash the declaration if it determines that the disqualification imposed by the declaration is a disproportionate and unjust consequence having regard to the total driving record of the person and the special circumstances of the case. 

In doing so the court will take into consideration your overall traffic record, your need for a drivers licence such caring responsibilities and any rehabilitation that has taken place such as by completion a Traffic Offender Intervention Program. These submissions are supported by character references, traffic offender programs, medical material explaining the condition or injury which impairs a person’s driving, a letter from your employer confirming that you require your licence for work as well as an employment contract if your job role specifies that a driver’s licence is necessary.

If successful and the declaration is quashed, an additional 5-year disqualification period for any future traffic offence cannot be made but you will still have to serve out the remainder of other licence disqualifications before re-applying for your driver’s licence.

When if I am serving a disqualification due to a HOD?

Under Section 221B of the Road Transport Act 2013 (NSW), if the only disqualification period that you are currently serving is from a HOD and you have not committed a traffic offence in the last two years (or 4 years for more serious offences), you can apply for the removal of the disqualification which if successful, will remove all current disqualification periods.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.