Generally, each year brings new legislation that affects the manner in which we live and do things. In October 2017 the NSW government introduced new laws in respect of reducing unauthorized driving and repeat driver offending. This article will discuss some characteristics associated with the new laws in place in respect of driving offences and how this will affect disqualified drivers.
The new law introduced in October 2017 is characterised by a number of changes to driving offences as well as the role of police.
Some of these characteristics include the following:
- Police authority – the new law has given police even greater authority in order to improve public and road safety. The law provides that the police can now take away a driver’s motor vehicle on the spot in order to keep repeat offenders and dangerous drivers off the roads.
- The new laws aimed at reducing reoffending by introducing new ways for people to return to lawful driving. Some drivers who have been disqualified will now be able to apply to the legal court to have their disqualification periods removed from their driver’s licence. If the court agrees to remove the disqualification period then the drivers can reapply for a new licence.
It is important to note that there is an exception to those who can apply for a new driver’s licences. Persons who cannot apply are those who have been convicted of one of these serious driving offences:
- Murder or manslaughter caused by the use of a motor vehicle
- An offence by the Crimes Act that caused the death, grievous bodily harm or wounding by a motor vehicle
- Predatory driving or police pursuits
- Negligent driving causing harm or grievous bodily harm
- Intentional menacing driving
- Failure to stop and assist after impact causing death or grievous bodily harm
Drivers who are currently disqualified that can apply for a new licence include the following:
- Those who have not been convicted of any of the offences listed above
- Those who have not committed any other driving offences during the ‘offence free’ period (bond period) that applies to them
Your driving offence will determine the length of your bond or offence free period. It is necessary to show that you have no driving offences for either four years or two years before the date of your application. It must be noted that in respect of the duration of your disqualification, it is determined by the type of offence you have committed. A driver is disqualified for four years from driving because of any of the following offences:
- A major offence such as drink driving or driving in a manner that is dangerous
- Exceeding the speed limit by more than 30km/h
- Street racing
- Aggravated burnout
A driver is disqualified for two years from driving because of any of the following offences:
- The driver was declared a habitual traffic offender
- The driver committed any other driving offence
It is important to note that before you can make your application the courts must remove the disqualification. For a disqualification removal of a mid-range drink driving NSW offence get representation from a drink driving lawyer.