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Removal of a Driving Disqualification

Section 42 of the Road Traffic Offenders Act 1988 states that a person who has been disqualified from driving may, under certain circumstances, apply to the Court for early removal of the disqualification.

When Can I Apply?

You can only make application to the Court after the following time limits:

  • two years, if the disqualification is for less than four years,
  • one half of the period of disqualification, if it is for less than ten years but not less than four years,
  • five years in any other case;

Therefore, if your disqualification is less than two years, you cannot apply.

Also, if you were ordered to take a re-test it is not possible to apply.

The Court Procedure

Upon making application to the Court in writing, the matter will be listed for a hearing.

The Court will have regard to:

  1. the character of the person disqualified and his conduct subsequent to the order,
  2. the nature of the offence, and
  3. any other circumstances of the case,

Examples of circumstances where an application may be appropriate:

  1. Job opportunities – i.e. a new job that is dependent upon the ability to drive;
  2. Health issues – of either the disqualified driver or a family member that would benefit from the ability to drive;
  3. Family issues – contact with children being dependent on the ability to drive.

Contested Hearings

Applications are usually opposed by the police in Court.

If your application is unsuccessful, you are prevented from making a further application for three months.

Courts are not easily satisfied and your case needs to be presented with strong supporting evidence.

Our Expertise

Kangs Solicitors can offer you initial advice in relation to the prospects of making a successful application.

We can prepare the application and represent you at the court hearing.

Contact our specialist motoring defence team to obtain a quote for our fixed fee representation.

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