REMOVING A DRIVER LICENCE DISQUALIFICATION QLD

In Queensland if you have had your driver licence disqualified absolutely or for a period of more than two years then you can apply to the court to have your disqualification period removed.

This page covers who can apply to have the disqualification period removed; what the court looks at in determining the application and what you can do to be successful.

If you are considering making an application to remove your licence disqualification, then you should first seek legal advice from traffic law experts such as Craven Lawyers.

 

Who can make the application?

You can only apply to have your licence disqualification period removed if you were disqualified absolutely or for two or more years and two years has passed from the date of your sentence.

 

Where do you make the application?

You must apply to the court that made the order disqualifying you from holding or obtaining a licence.

If a Magistrate made the disqualification order, then you must make the application to the closest Magistrates Court to where you live.

If a Judge of the District or Supreme Court made the disqualification order, then you must make the application to the closest District or Supreme Court to where you live.

 

What must the court consider when hearing the application?

When determining the application, the court must take into account: –

• The character of the person disqualified.
• The conduct of the person after the order was made.
• The nature of the offence that caused the person to be disqualified.
• Any other relevant circumstances (e.g. if you don’t get your driver licence back you will lose your current job).

 

How often can you apply to the court for the disqualification period to be removed?

You can only apply to the court once every 12 months. So, if your application is refused, you cannot make another application to the court until 12 months has passed. This is why it is critical that you first seek legal advice before making the application to determine if you have reasonable prospects of being successful.