NEW SOUTH WALES OFFENCES
HABITUAL OFFENDER DECLARATIONS
For offences prior to 28 October 2017, any person who had committed and was convicted of any driving offences for the third time or more within a five year period was declared an habitual offender from then onwards.
The conviction must have been three relevant offences within a five-year period and may include any of the following: major offences, drink driving, drug driving, driving exceeding the 45Kph limit over the designated speed limit, arrested for driving for a second time without ever being licenced, convicted of driving while disqualified or convicted of similar offences in another Australian state or territory.
The Penalty
When convicted as a repeat offender, an automatic disqualification period of five years was imposed by the magistrate court, as an additional penalty on top of any sentence delivered for the offence in question.
Can I Defend The Charge?
Since 28 October 2017, NSW's habitual offender scheme was abolished, preventing new declarations but maintaining existing ones. Habitual offenders seeking early licence reinstatement must petition the local court to quash their disqualification under Section 220 of the Road Transport Act 2013. The court may quash a declaration if it finds the disqualification disproportionate or unjust, considering the individual's driving record and case specifics.
Eligibility for disqualification removal requires:
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Only the habitual offender disqualification period remains.
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No traffic offenses committed in the last 2 years.
Applications, under Section 221B, must be filed in a NSW local court, with a court date provided upon filing. Legal assistance is recommended for case preparation and court representation. For eligibility assessment or application assistance, consulting with a legal professional is advised.