Our Services / Licence Appeals
Habitual Traffic Offender Declaration
An Habitual Traffic Offender Declaration (HTOD) can add many years to your licence disqualification. However, there is usually no need for you to serve that extra time.
You can apply to the Local Court to remove any HTODs on your record. If successful, you could be eligible to apply for a driver’s licence that same day.
The team at Ainsley Law have helped many people to quash HTODs and get their licences back sooner. In fact, we have a 100% success rate.
Call us to find out how to remove your HTOD and get back on the road sooner.
Why do I have an Habitual Offender Declaration?
Under the HTOD scheme, any person who was convicted of 3 major traffic offences within 5 years was declared an Habitual Traffic Offender. They were given an extra 5 year disqualification per declaration.
In 2017 the HTOD scheme was repealed. Since then, people are no longer declared Habitual Traffic Offenders and automatically given extra disqualifications if they commit multiple offences.
Unfortunately, any HTODs that had already been made before the law was changed still apply.
Can I get my licence back if I’m on an Habitual Traffic Offender Declaration?
Yes, you can.
A Local Court magistrate can quash the HTOD.
If the Court makes an order removing disqualifications from your record and you are otherwise entitled to hold a licence (you don’t have any outstanding fines, etc) then the RMS should issue you with a licence.
You will have a good chance of having your HTOD removed if we can show that:
- you have learnt your lesson
- you have not committed any traffic offences or driven for a considerable time
- your life if now different from when you committed the offences (e.g. you are more mature, have a family now, are studying, have begun a career etc)
- having your licence would help you continue in a positive way (e.g. by helping you get employment)
When can I apply to remove my Habitual Offender Declaration?
Now! The only things to work out are:
- Which kind of application to make: either an application to quash the HTOD or a slightly different application to remove licence disqualification periods, and
- Which court you should be going to.
Contact us to discuss your record and how best to get you back in the driver’s seat.
Why do I have to go to court?
The only way to have HTODs removed is by a Court. The magistrate can quash an Habitual Traffic Offender Declaration if they decide that making you serve the remaining disqualification is “disproportionate and unjust”, or if you successfully make an application to remove the licence disqualification.
Will I get a new Habitual Offender Declaration if I commit another offence?
No, you will not get a new HTOD.
In 2017 Parliament decided that HTODs were not an effective way of preventing driving offences, so it repealed the legislation. Since that time, no new HTODs can be made.
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