What should you do first?

1. Get a copy of your driving record from the RMS. You can also get a copy of the application form called “Driving Record Application for Disqualification Removal Order” by clicking here.
2. Make an appointment to see one of our traffic lawyers. You should always seek legal representation in these matters because the Magistrate will only allow you to present your case once.

Who can apply?

The law will allow you to apply if you haven’t committed any driving offences during the offence-free period and if you have not been convicted of any of the offences listed below.

Who cannot apply?

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

• Failing to stop and assist after impact causing death or grievous bodily harm
• An offence under the Crimes Act that caused the death, grievous bodily harm or wounding of a person by a motor vehicle
• Murder or manslaughter caused by the use of a motor vehicle
• Predatory Driving or Police Pursuits (under the Crimes Act)
• Negligent driving causing death or grievous bodily harm
• Intentional menacing driving
• If you have a ‘mandatory interlock order’ currently on you

What is the offence-free period?

The ‘offence-free’ period depends on what you have been disqualified for. You will need to show you had no driving offences for either 4 years or 2 years before the date you apply.

It will be 4 years if you are disqualified from driving because of any of these offences:

• A major offence (for example, drink driving, driving in a manner or speed that is dangerous)
• Aggravated burnout
• Exceeding the speed limit by more than 30km/h
• Street racing

It will be 2 years if you have been disqualified from driving because:

• you were declared an habitual traffic offender, or
• you committed any other driving offences

How will the court decide?

The magistrate has to look at a number of things, including:

• the safety of the public
• your overall driving record
• the type of offences that led to your licence being disqualified
• if you can use other transport
• your family, carer, work, education or other commitments
• your health and finances, and
• anything else they think is important.