It is possible to apply to a Magistrates’ Court for the return of a driving licence before the expiration of the period of disqualification.

Relevant Law | Kangs Motoring Offence Advisory Team

Section 42 of the Road Traffic Offenders Act 1988, states:

Section 42 Removal of disqualification

(1)Subject to the provisions of this section, a person who by an order of a court is disqualified may apply to the court by which the order was made to remove the disqualification.

(2)On any such application the court may, as it thinks proper having regard to—

(a) the character of the person disqualified and his conduct subsequent to the order,

(b) the nature of the offence, and

(c) any other circumstances of the case,

either by order remove the disqualification as from such date as may be specified in the order or refuse the application.

How Can I Apply For Removal Of My Disqualification? | Kangs Motoring Offence Team

There are time limits restricting the minimum period in which an application may be made.

An application, which must be in writing and sent to the Court that issued the disqualification, can be made as follows:

  • Disqualification of less than 2 years

The entire period of disqualification has to be served and the Court will not entertain any application.

  • Disqualification of between 2 and 4 years

Only after 2 years has been ‘served’ can a section 42 application be made

  • Disqualification of between 4 and 10 years

Only after half the period of disqualification has been served  can a section 42 application be made.

  • Disqualification exceeding 10 years

Only after 5 years has been ‘served’ can a section 42 application be made.

How Can We Help? | Kangs Motoing Offence Solicitors

We have a specialist team of solicitors which defends motoring offences of all types on a daily basis throughout the country.

We would like to invite you to read a couple of our following web pages as follows written by one of our experienced team:

Should you have a query about any motoring matter please contact our team through either of the following:

Sukhdip Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521 210 (24hr Emergency Number)

Cagin Husnu 
chusnu@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Steve Micklewright
smicklewright@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396