Removal of driver's licence disqualification
How long do I have to wait before I can apply to have my licence disqualification removed?
You can only apply to remove a disqualification if it is for more than three years. Multiple disqualifications that together add up to more than three years do not count.
There are certain waiting periods that apply, ranging from 3 to 10 years, depending on the length of the disqualification. The waiting period for the application starts from when the disqualification takes effect.
|Over 3 years, up to 6 years||3 years|
|Over 6 years, up to 20 years||Half the disqualification period|
|Over 20 years, life or permanently||10 years|
If you have cumulative disqualifications that are each for more than 3 years, you must apply to have each disqualification removed separately and will have to serve a new waiting period after one is removed and the next disqualification first begins to run.
If your disqualifications were made concurrent, you can apply to remove all of them in the same application, so long as you have served the waiting periods that apply for each disqualification.
If you have more than one life disqualification, no matter if they are concurrent or cumulative, you can apply to remove all of these at the same time.
How do I apply to have my licence disqualification removed?
- Gather all the relevant information.
- Complete and file an application form with the court.
- Pay the application fee.
- Complete and file affidavits in support of your application.
- Go to court for the hearing.
Your application to have a disqualification removed should normally be made to the District Court. If a disqualification was imposed by the Supreme Court, you must apply to the Supreme Court to have the disqualification removed.
What does the court consider when making its decision?
The court will make its decision based on:
- the safety of the public generally
- your character
- the circumstances of the case
- the nature of the offence(s) giving rise to the disqualification, and
- how you have behaved after your licence was disqualified.
If your application is refused, you must wait 12 months before you can try again.
Will I have to pay any costs?
You will have to pay a court filing fee when you file your application with the court. You may also have to pay the legal costs of the solicitors for the Director General of the Department of Transport, even if you are successful in your application.
It is important to get legal advice before you make your application to be sure you have calculated your waiting period correctly. If you don’t calculate the waiting period properly, you may still have to pay the costs of the application and you won’t be allowed to make another application for at least a year.
Legal Aid WA produces a detailed kit to help people apply to remove old licence disqualifications.