If you have been convicted of three or more serious driving offences in the past five years, you may have been declared by the Court or the Roads and Maritime Services as a “Habitual Traffic Offender”. Under section 220 of the Road Transport Act 2013 (NSW), a habitual offender can make an application to the Local Court to have the declaration cancelled.
What is a Habitual Traffic Offender Declaration?A Habitual Traffic Offender Declaration (“HTOD”) is defined as a five year licence disqualification period that is invoked when an individual is convicted for three serious traffic offences within a period of five years (see “relevant offences”). The five year habitual traffic offender declaration is additional to any licence disqualification period already imposed by the Court.
Why Was I Declared an Habitual Traffic Offender?
An individual is classified a habitual traffic offender if a New South Wales Court convicts him/her of a serious traffic person, and the individual has been convicted of at least two other related offences committed at different times within the period of five years. The Court does have the power to order a life disqualification.
Common Relevant Offences
Examples of offences that are defined as ‘relevant offences’:
- Driving recklessly or furiously.
- Driving at a speed or manner dangerous to the public.
- Negligent driving occasioning death or Grievous bodily harm.
- Menacing driving.
- Special range PCA.
- Low-range PCA.
- Mid-range PCA.
- High-range PCA.
- Refuse breath analysis.
- Drive under the influence of an alcohol or drug.
- Fail to stop and give assistance where a person is killed or injured.
- A speeding offence where the speed limit was exceeded by more than 30 km/hr.
- Driving whilst unlicenced when the person has never been licenced.
- Driving whilst disqualified.
- Driving whilst cancelled.
- Driving whilst suspended.
Can I Do Anything About the Declaration?
Yes. As indicated above, you can make an application to the Local Court to have the habitual traffic offender declaration set aside or have the disqualification period reduced.
The Court may also, at the time of conviction, or at a later time, cancel the declaration if it determines that the disqualification imposed is disproportionate and unjust having regard to the total driving record of the person or special circumstances of the case.
How can Sydney Traffic Lawyers help?
|Our Traffic Lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward.
Call us now on 02 8059 7121 or contact us after hours on 0420 998 650 or text 24hrs to book an appointment with one of our solicitors.The initial consultation is free.