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Driver Disqualification Update

From 28 October 2017, major changes in relation to licence disqualification laws will take place.

  • People who commit offences such as driving while unlicensed, suspended, cancelled or disqualified will have maximum penalties and disqualification periods reduced. The Court will also have the power to decide when the disqualification will start (i.e. it won’t automatically be in addition to any suspension already being served).
  • Disqualification periods can be lifted after a period of good behaviour with no other traffic offences (either 2 or 4 years depending on the type of offence). This does not relate to mandatory interlock orders.
  • The Court will no longer issue any Habitual Traffic Offender (‘HTO’) declarations. Any person with an existing HTO declaration can apply to the Local Court for it to be quashed.
  • For serious or repeat offenders, Police will have greater powers to impose on-the-spot vehicle sanctions including the power to confiscate number plates or vehicles for 3 to 6 months.

Please click on the below two resources to find out more information generally, or alternatively, contact Duffy Elliott Lawyers to discuss your particular situation.

The Act: https://legislation.nsw.gov.au/#/view/act/2017/46

The Shopfront Factsheet: http://www.theshopfront.org/documents/Traffic_Fact_Sheet_14_-_Important_changes_to_licence_disqualification_laws_in_2017.pdf

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