What is an Habitual Traffic Offender?
The Court may declare you as an Habitual Traffic Offender if you have been convicted in a NSW Court of three “relevant offences” in the past five years. The offences need to have been committed on different occasions.If you have been declared a Habitual Traffic Offender, the RMS will disqualify you from driving for a further five years in addition to any time the Court has disqualified you from driving.
What is a relevant offence?
- Murder or manslaughter
- Any offence under the Crimes Act 1900
- Drive recklessly/furiously/at a speed dangerous to the public
- Drive negligently and cause death or grevious bodily harm
- Menacing driving
- PCA (drink driving) offences
- Refuse/fail breath/blood/urine/oral test
- Alter a breath/blood/urine/oral test
- Aiding, abetting, counselling or procuring the commission of one of the above offences
- Drive more than 45 km over the speed limit
- Drive unlicensed (2nd offence)
- Drive/make application for licence while disqualified, suspended or cancelled
What can you do about the Habitual Traffic Offender Declaration?
You can make an application to have the order set aside or the disqualification peiod reduced. You need to make this application to the Court which convicted you of the offence which caused you to be listed as an Habitual Traffic Offender.
The Court can only reduce the period of disqualification to two years or more.
To have the Order set aside, you will need to show that the disqualification imposed by the Habitual Traffic Offenders Declaration is an unjust consequence when taking your total driving history into consideration and any special circumstances relating to the case.