If you are found guilty of a driving offence the court can make orders that you cannot drive for a period of time.
If you are found guilty of a drink driving related offence the court may have made a Mandatory Interlock Order that includes a disqualification period.
If the court has disqualified you, you may be able to apply to get the disqualification removed.
If you are found guilty of a driving offence and convicted, the court may disqualify you from holding a licence for a period of time. This means that your licence is cancelled and you must not drive.
At the end of your disqualification period you will need to apply to the Roads and Maritime Services (RMS, formerly RTA) for a new licence. You cannot drive until you have been given a new licence.
For some offences a disqualification period is mandatory if you are convicted. This means the magistrate must disqualify you from driving. The only way you can avoid a licence disqualification in this situation is if the magistrate finds you guilty but doesn't record a conviction. This is commonly known as a 'section 10 dismissal'.
In some limited cases, you can write to the NSW Attorney General and ask for a recommendation that the remaining period of your disqualification be remitted (cancelled). For information on this, go to the
Justice Legal website.
You can also appeal a magistrate's decision, including the sentence. For more information, see
If you have been convicted of a driving offence including alcohol, the court may have made a Mandatory Interlock Order at the time the court sentenced you for the offence. A Mandatory Interlock Order may be made if you have been convicted of:
A Mandatory Interlock Order means you will have to complete a disqualification period during which you cannot drive. When the disqualification has ended, you may be able to obtain an interlock driver licence. If you have an interlock driver licence, you are only allowed to drive vehicles which are fitted with an approved interlock device. This device requires you to provide a breath sample before the vehicle will start. The device must be installed and regularly maintained by an approved provider. Tampering with the device is an offence.
If you do not obtain the interlock driver licence, you will be disqualified from driving for 5 years from the date of conviction (as at 1 February 2015).
The court can make an exemption order that means you do not have to obtain an interlock driver licence or interlock device at the end of your disqualification period. However, an exemption order can only be made in exceptional circumstances.
For more information, see the
If you are eligible, you may be able to apply to the Local Court to have your disqualification period removed.
Whether you are eligible or not will depend on the type of driving offences that you have been convicted of, as well as the length of time you have been disqualified.
You cannot apply under the new scheme if you have been convicted of any of the following driving offences:
A disqualified driver cannot apply to have a disqualification removed if the disqualification was for a mandatory interlock period.
You will only be eligible to apply if you have not committed any other driving offence during the relevant 'offence-free period'.
The length of time of the offence-free period depends on the type of driving offence you have been disqualified for.
The offence-free period is four years for the following offences:
The offence-free period is two years if you have been disqualified from driving because you:
Step by step guide: For information about applying to get your disqualification period removed, see Applying to remove your driver licence disqualification.
Even if you are eligible to apply, this does not mean your application to the Local Court will be successful. The magistrate will look at all the information before them at make a decision as to whether they should remove your driver licence disqualifications.