ROAD TRANSPORT ACT 2013 - SECT 221B Local Court may remove licence disqualifications after relevant offence-free period

ROAD TRANSPORT ACT 2013 - SECT 221B

221B Local Court may remove licence disqualifications after relevant offence-free period

(1) The Local Court may, by order on application made in accordance with this Division, remove all licence disqualifications to which a disqualified person is then subject if--

(a1) the disqualified person is eligible, having regard to section 221D, to make the application, and

(a) the disqualified person has not been convicted of a driving offence committed during the relevant offence-free period for the applicant before the removal of the licence disqualifications, and

(b) the Local Court considers that it is appropriate to do so.

Note : See section 221D for persons who are not eligible to apply for the removal of licence disqualifications because of convictions at any previous time for certain serious offences.

(2) The Local Court must take into account the following in determining whether it is appropriate to remove the licence disqualifications--

(a) the safety of the public,

(b) the applicant's driving record (including the record before the relevant offence-free period for the applicant and the record for driving offences and other offences under the road transport legislation and for pending proceedings for alleged driving offences),

(c) whether the applicant drove or was in a position to drive a vehicle during the relevant offence-free period for the applicant,

(d) any relevant conduct of the applicant subsequent to the licence disqualifications,

(e) the nature of the offence or offences giving rise to the licence disqualifications,

(f) any other relevant circumstances (including, without limitation, the impact of the licence disqualifications on the applicant's capacity to carry out family or carer responsibilities or on the applicant's capacity to travel for the purposes of employment, business, education or training, the applicant's health and finances and the availability of alternative forms of transport),

(g) any other matter prescribed by the statutory rules.

(3) The Local Court must be satisfied that the information provided to the Local Court relating to the applicant's driving record is as current as practicable and have regard to the relevant offence-free period for the applicant that ends with the date of the latest report of the information provided to the Local Court.

(4) Licence disqualifications that are removed by order of the Local Court cease to have effect (despite anything to the contrary in this Act) on the date the order is made or on such later date as is specified by the Local Court.

(5) When it removes licence disqualifications, the Local Court is to explain the effect of the order to the applicant and, in particular, that the applicant will require a new driver licence before driving a motor vehicle.

(6) The relevant registrar of the Local Court is required to notify Transport for NSW and the Commissioner of Police of the determination of an application under this Division.

(7) The Local Court may adjourn proceedings on an application under this Division so that the applicant may participate in a driver education course or other program the Local Court considers appropriate or for any other reason the Local Court considers appropriate.

(8) An appeal may not be made under the Crimes (Appeal and Review) Act 2001 against a decision of the Local Court under this Division.

(9) A person who applied to the Local Court for the removal of licence disqualifications under this Division may apply to the Court for the annulment of the dismissal of the application by the Court, but only if the person was not in attendance before the Court when the application was dismissed.

(10) The Local Court may grant an application for an annulment if it is satisfied that, having regard to the circumstances of the case, there is just cause for doing so. If an application for annulment is granted--

(a) the Court may deal with the application for the removal of the licence disqualifications as if the application had not been dismissed, and

(b) section 221C(4) does not apply to a decision to reject an application for the removal of licence disqualifications that is so annulled.

(11) Nothing in this Division limits any power that a court has apart from this Division to annul, quash, set aside or vary a licence disqualification.