221BLocal Court may remove licence disqualifications after relevant offence-free period

221B Local Court may remove licence disqualifications after relevant offence-free period

221B Local Court may remove licence disqualifications after relevant offence-free period

(1) The Local Court may, by order on application made in accordance with this Division, remove all licence disqualifications to which a disqualified person is then subject if—

(a1) the disqualified person is eligible, having regard to section 221D, to make the application, and

(a) the disqualified person has not been convicted of a driving offence committed during the relevant offence-free period for the applicant before the removal of the licence disqualifications, and

(b) the Local Court considers that it is appropriate to do so.

Note.

See section 221D for persons who are not eligible to apply for the removal of licence disqualifications because of convictions at any previous time for certain serious offences.

(2) The Local Court must take into account the following in determining whether it is appropriate to remove the licence disqualifications—

(a) the safety of the public,

(b) the applicant’s driving record (including the record before the relevant offence-free period for the applicant and the record for driving offences and other offences under the road transport legislation and for pending proceedings for alleged driving offences),

(c) whether the applicant drove or was in a position to drive a vehicle during the relevant offence-free period for the applicant,

(d) any relevant conduct of the applicant subsequent to the licence disqualifications,

(e) the nature of the offence or offences giving rise to the licence disqualifications,

(f) any other relevant circumstances (including, without limitation, the impact of the licence disqualifications on the applicant’s capacity to carry out family or carer responsibilities or on the applicant’s capacity to travel for the purposes of employment, business, education or training, the applicant’s health and finances and the availability of alternative forms of transport),

(g) any other matter prescribed by the statutory rules.

(3) The Local Court must be satisfied that the information provided to the Local Court relating to the applicant’s driving record is as current as practicable and have regard to the relevant offence-free period for the applicant that ends with the date of the latest report of the information provided to the Local Court.