​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Losing your licence

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 or quashed depending on when you were disqualified and the orders the court made.

    ​​Licence disqualification

    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 Appeals.      

    Mandatory interlock program

    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:

    • high range prescribed concentration of alcohol (PCA),
    • a second or subsequent drink driving offence in a 5 year period,
    • failing to provide a breath or blood sample when requested by police, or
    • other serious driving offence involving alcohol.

    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 R​MS website.     

    Applying to remove your driver licence disqualifications

    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.

    Your  Driving Offences 

    You  cannot apply under the new scheme if you have been convicted of any of the following driving offences:

    • murder or manslaughter caused by the use of a motor vehicle
    • an offence under the Crimes Act that caused the death, grievous bodily harm or wounding by a motor vehicle
    • predatory driving or police pursuits (under the Crimes Act)
    • negligent driving causing death or grievous bodily harm
    • intentional menacing driving
    • failing to stop and assist after impact causing death or grievous bodily harm.

    disqualified driver cannot apply to have a disqualification removed if the disqualification was for a mandatory interlock period. 

    The 'Offence-Free 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:

    • a major offence (for example, drink driving, driving in a manner or speed that is dangerous)
    • exceeding the speed limit by more than 30km/h
    • street racing
    • aggravated burnout.

    The offence-free period is two years  if you have been disqualified from driving because you: 

    • were declared a Habitual Traffic Offender (HTO) or
    • for any other driving offence.

    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. 

    Getting your Habitual Traffic Offender Declaration quashed

    Previously if you were convicted of three or more serious driving offences in the past five years, the magistrate may have made a Habitual Traffic Offender (HTO) declaration at the time they sentenced. A HTO declaration meant that you were disqualified for an additional five years on top of any other period of disqualification imposed for the offence. At the time you were convicted you could ask the court to reduce the declaration to a minimum of two years, or quash (cancel) it altogether. If the HTO declaration was not quashed at the time you could apply to the court to get the HTO declaration quashed at a later time. 

    On 28 October 2017 the Habitual Traffic Offender Scheme was abolished. An individual can no longer be declared a HTO, however, magistrates can still impose a disqualification period. 

    If you have been declared a HTO you may still apply to the Local Court to have an existing HTO declaration quashed or the disqualification period removed. You can do this by either:

    • getting your Licence Disqualification removed under the new scheme, if you are eligible. A successful application under this scheme will remove all disqualifications, or
    • getting your Habitual Traffic Offender Declaration quashed. This will only remove the HTO disqualifications.

    Step by step guide: For information about applying to get your declaration quashed, see Getting a HTO declaration quashed.

    Before making an application to have your HTO declaration quashed or to have your disqualification removed, you should get legal advice about what is the best option for you.