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Removal of driver's licence disqualification

Removal of driver's licence disqualification

Can I apply to get my licence back after being disqualified?

If you have been disqualified from driving and the length of that disqualification is more than three years, or you have been disqualified for life, you can apply to get your driver's licence back before the disqualification ends.

How long do I have to wait before I can apply?

When you have been disqualified from holding a driver's licence, you have to wait a certain amount of time before you can apply to get your licence back. This is called a waiting period. The time you have to wait depends on the length of your disqualification:

 

Disqualification ​Waiting period
More than 3 and up to and equal to 6 years ​3 years
​More than 6 years and up to and equal to 20 years ​Half the disqualification period
​More than 20 years, life or permanently ​10 years

 

What if I have more than one disqualification?

If you have more than one disqualification that is longer than three years, you must apply to have each individual disqualification removed. You must serve a new waiting period between each application.

There is an exception if you have more than one life disqualification. In this case you can ask to have all the life disqualifications removed at the same time and in the same application form. You do not have to serve a new waiting period between each application.

If you have multiple disqualifications that together add up to more than three years, you cannot apply to have them removed. Only individual disqualifications of longer than three years can be removed.

How do I apply?

The procedure you must follow is set out in section 24(1) of the Road Traffic (Authorisation to Drive) Act 2008 (WA) but in general terms you need to:

  • gather relevant information
  • complete and file an application form
  • complete and file affidavits in support of your application
  • go to court in person, and
  • possibly take other people to court with you.

Before you apply

It is best to get legal advice before you apply, in particular to ensure you have calculated the correct waiting period. Your application will be refused if you have not waited for long enough and in this case you may still have to pay the legal costs of the application. In addition, you will not be allowed to make another application for at least a year, even if the correct waiting period has elapsed.

What help can I get with my application?

Legal Aid WA produces a detailed kit called the Removal of licence disqualification kit to help you make your application. 

Part 1 of this kit contains the information you need about how and when to apply and how to complete the application form and affidavits in support.  Part 2 of this kit includes the application form and affidavits in Word format to enable you to download and type directly into them. It is important that you use both parts of the kit together.

You can download both parts of the kit here:

You can obtain a hard copy of the kit by contacting the Legal Aid WA InfoLine on 1300 650 579.

If you are unsure how the information in the kit applies to your particular situation, you should get legal advice.

Will I have to pay any costs?

There is a court filing fee that you must pay when you file the forms with the court.

Whether you are successful in your application or not, you may be ordered to pay the legal costs of the solicitors for the Director General of the Department of Transport.

Where can I get more information about licence disqualification?

Last reviewed: 08/07/2015

Last modified: 9/07/2015 8:02 AM