Changes in road transportation laws recently took effect in NSW, all aimed at ensuring the safety of the community by preventing unauthorised driving and deterring repeat offending.
Removal of HTO scheme
Of real importance is the abolition of the habitual traffic offender (HTO) scheme that banned drivers with a history of serious driving offences from holding a driving license for five years. Under the previous scheme, a driver who was convicted at least three times for serious driving offences would not be allowed to operate a motor vehicle for five years, in addition to the driving disqualification that formed part of the penalties for the original driving offences that led to the HTO. Relevant driving offences that triggered the HTO included:
• Drink driving;
• Driving at excessive speed of more than 45km/h;
• Refusing to give a breath test or failing a breath test;
• Drug driving;
• Driving with a suspended licence, or while disqualified.
This scheme led to prolonged driving disqualification periods, preventing offenders from legally operating vehicles for up to ten years, and in some cases, even permanent bans.
While the HTO scheme was intended as a deterrent to unsafe driving and reoffending, a 2007 crime statistic research and study showed a contrary effect. This study reported that extended driving disqualification periods did not always deter the commission of driving offences and may even increase reoffending.
Also, prolonged driving disqualification had real adverse impacts upon the lives of people living in rural and regional communities, affecting their access to work, healthcare, and education.
Under the latest driver license disqualification reforms, offenders may no longer face the possibility of lengthy driver disqualification.
Options for persons with HTO
For anyone who is facing a lengthy HTO driving ban, getting back your driving privileges can bring relief to your work and family. The legal effect of the HTO abolition, however, applies to future offenders and will not invalidate existing HTO declarations. If you have an HTO ban, you will still need to go to the local court to have your existing disqualification quashed or lifted. Talk to an experienced criminal defence lawyer about your legal options.
Who can apply for removal a driving disqualification?
If you have complied with your disqualification for at least two years (four years in some cases) and none of your original driving offences involved death or serious physical injuries, your lawyer can help you obtain a court order lifting your driving disqualification.
The lifting of a driving disqualification is not automatic. A court will still have to evaluate your application, consider the circumstances of your case and other factors such as community safety in deciding whether or not to lift your driving disqualification. This is why it’s critical to engage a qualified and seasoned lawyer for your case. Your lawyer should be able to present compelling reasons for the court to lift the disqualification and convince the court as well that setting aside the disqualification will not reduce community safety.
After your driving disqualification is lifted, you must also apply to Roads and Maritime Services and pass the usual road safety and knowledge tests in order to receive the appropriate driving licence. Only then are you able to resume driving on NSW roads.
Representing NSW residents
For years, the Boorman Lawyers have been representing NSW residents who faced driving licence disqualification, helping them recover driving privileges by applying for orders quashing or lifting of driving disqualifications. Our lawyers are prepared to evaluate your situation and provide legal advice.
We invite you to call us today at 1300 941 900 to learn more about how we can help you.
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References:
http://www.justice.nsw.gov.au/Pages/Reforms/driver-licence-disqualification.aspx
Speak to our DUI Lawyers Ph: 1300 941 900
Our DUI Lawyers can be contacted at:
Boorman Lawyers NSW & QLD Solicitors
NSW Abolishes Habitual Traffic Offender Scheme was written by Josh Boorman a Drink Driving Lawyer.