An old declaration that never went away

Habitual traffic offender matters

No one can be declared a habitual traffic offender in New South Wales any more. Declarations made while the scheme existed did not disappear with it, and people are still disqualified under them.

General information, not legal advice. This page sets out how the law generally applies. It does not take account of your circumstances, and you should get advice about your own situation before acting on it. The official sources this page is written from are listed on it; where they differ from anything here, they are the authority.

Who this page is for

You have been off the road for years and do not know why it has not ended

Habitual traffic offender declarations produced disqualification periods that ran on top of whatever a court had already imposed, and they were made automatically once a driving history reached a certain shape. People who were sentenced years ago are still living with them, sometimes without ever having understood what the declaration was or that anything could be done about it.

Two things follow from the scheme being abolished. The first is that nobody new will be caught by it. The second, less obvious, is that being caught by it already did not end. The amending Act preserved disqualifications imposed under the old provisions, so a declaration made before the repeal still operates.

What is available is an application to the Local Court. A declaration can be quashed where the court is satisfied that the disqualification is a disproportionate and unjust consequence, looking at the person’s whole driving record and the special circumstances of the case. That is a real test with a real threshold, and it is met with evidence about what has changed rather than with an account of what went wrong.

Separately, section 221B of the Act allows the Local Court to remove licence disqualifications where someone has been free of driving offences for the period the Act sets and the court thinks it appropriate. The two applications are different, they suit different situations, and eligibility for the second is restricted by the Act. That is covered on Local Court appeals in outline, and properly in a conference.

How we help

What the work actually is

Working out what you are actually subject to

A declaration, a court disqualification, a suspension, or several of them stacked. Which it is decides which application is available.

Reconstructing the history

These matters are old. The driving record, the declaration letter and the court results behind it all have to be obtained before anything sensible can be said about prospects.

Checking eligibility before preparing anything

The Act restricts who may apply for removal of disqualifications because of earlier convictions for certain offences. Establishing that first avoids preparing an application that cannot be made.

Building the disproportion case

The test looks at the total driving record and the special circumstances. What matters is the shape of the whole history and what has happened since, not the worst single day in it.

Evidencing what has changed

Years without offending, treatment completed, employment, family responsibilities, and what a licence would now be used for. Gather evidence of each that applies.

Preparing and running the application

Filing the application notice the Local Court publishes, assembling the record the court requires, and appearing. We also explain what happens afterwards, including that a new licence is needed before driving.

Questions

Questions people ask first

Can I still be declared a habitual traffic offender?

No. The provisions were removed from the Road Transport Act 2013 (NSW) by the Road Transport Amendment (Driver Licence Disqualification) Act 2017 (NSW). Courts can still impose disqualification when sentencing, but no new habitual traffic offender declaration can be made.

My declaration was made before the change. Did it end?

No. The amending Act preserved disqualifications imposed under the old provisions. That is why people are still affected by declarations made well before the scheme was abolished, and why an application to the court is still worth making.

What does the court look at on an application to quash?

Whether the disqualification is a disproportionate and unjust consequence, having regard to the total driving record and the special circumstances of the case. It is a broad test and it is answered with the whole history, not with one incident.

What is the difference between quashing and removal?

Quashing sets aside the declaration itself. Removal under section 221B is an order removing licence disqualifications where a person has been free of driving offences for the period the Act sets and the court considers it appropriate. Different applications, different tests, and sometimes both are relevant.

How long do I have to be offence-free before applying for removal?

The Act sets the period and it depends on the offending involved. We do not publish a figure here because it varies and getting it wrong would send you to court too early. Send us your record and we will tell you where you stand.

Can I be refused because of something I was convicted of long ago?

Yes. The Act makes some people ineligible to apply for removal of licence disqualifications because of convictions at any previous time for certain serious offences. Eligibility is checked at the start rather than discovered at court.

If the order is made, can I drive straight away?

No. An order removing disqualifications does not hand you a licence. You have to obtain a new driver licence before driving, and the court is required to explain that when it makes the order.

What to bring

These matters are old, so the paperwork matters more than the memory. Bring whatever survives.

The declaration letter, if you still have it.
Your full driving record from Transport for NSW.
The court results for the offences behind the declaration, with dates and courts.
Any court-imposed disqualification, and when each one started and ended.
Evidence of the period since: employment, study, treatment, community involvement.
Medical or rehabilitation records where alcohol or drugs were part of the offending.
What a licence would be used for now, and what not having one costs you.
Any pending charge for a driving offence, which has to be disclosed.