If you have been declared a habitual offender and a disqualification period has been imposed, you should obtain legal advice. In October 2017 new laws were enacted abolishing the Habitual Traffic Offender (HTO) scheme and no longer enabling for decelerations to be made. Contact us for a free initial consultation to find out how to quash your disqualification.
Section 217 of the Road Transport Act 2013 (NSW) provided that if a person is convicted for three relevant offences within five years, that person were to be declared a “habitual traffic offender.”
That scheme has now been abolished under the Road Transport Amendment (Driver Licence Disqualification) Act 2017. Drivers whom have been declared habitual offenders prior to these changes can still make an application to the Local Court for the removal of this disqualification period.
This now means a variety of pathways are available to lawfully drive again for a person declared a Habitual Traffic Offender. For the Court to remove the declaration it must be satisfied “that the disqualification imposed by the deceleration is disproportionate and unjust consequence having regard to the total driving record of the person and specialise of the case”
Under these amendments, a successful application to the Court could likely result in the existing disqualifications being lifted. It is important to note though that all fines associated with the offence must be paid as well.
As such, it is important to obtain legal advice if you seek to quash a declaration, in order to maximise your chances of a good outcome at Court.
If you are seeking legal advice, contact us for a free initial consultation.