Here’s How Recent Habitual Traffic Offender Declarations Might Affect You.

On 28 October 2017, the regulations around Habitual Traffic Offenders in New South Wales changed. These changes have, amongst others, removed Habitual Offender Declarations.

We’ve taken the time to go through most of these changes, and how they may affect you going forward.

Habitual Offender Declarations in the past

Before the changes brought into effect on the 28thOctober, if you had committed three or more relevant traffic offences within a five-year period in NSW, the RMS would have declared that you were a Habitual Traffic Offender.

This declaration meant that if you received any Court-imposed disqualifications, you would have received an additional five-year disqualification on your driver’s licence, imposed by the RMS.

Habitual Offender Declarations going forward

Since the changes that were put into place recently, Habitual Offender Declarations will be removed, however, if you have any Declarations against you, they will remain in force.

It’s important to keep in mind that you can still take steps towards having your Declaration removed, as a removal can take many years off your driving licence disqualification.

What you can do

If you want your Declaration quashed, you can make an application in Court. The Court will first examine your driving record and the special circumstances surrounding the case, and if it is satisfied that the Declaration made against you was disproportionate and unjust, the Declaration will be quashed.

During your application to have the Declaration quashed, these are some of the factors that will be taken into account:

  • Public safety considerations
  • Seeing if you were in a position to drive a motor vehicle within the offence-free period
  • Your conduct relevant to the Declaration, after the imposition of your disqualification
  • Any other relevant circumstances, including, but not limited to your work, family responsibilities, health, finances, and if you have any other mode of transportation available to you
  • The nature of the offences that resulted in you receiving the disqualification, and;
  • Any other matter the Court thinks is important to take into account

If it is found that your Declaration can be quashed, the Court can either take away the five years imposed by the RMS, or reduce the disqualification period to one that’s no less than two years.

The content of this post cannot be taken as legal advice, and is only to be considered as a general guideline regarding Habitual Offender Declarations and the subsequent changes thereof.

If you need any further information or legal advice regarding your Declaration, please do not hesitate to contact ThextonLaywers.