Driver's licence after disqualification
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If you break the law and you're disqualified from driving, it will be for a set period - it could be for as long as five years. Previously, you could be disqualified 'absolutely', so there was not a set period, but you could apply to a court to get rid of the disqualification after 2 years. If you're disqualified for more than 2 years (or you've been disqualified absolutely under the old law), you may be able to get rid of the disqualification after 2 years. You cannot apply before 2 years.
I went to court and was disqualified from driving for three years but I've got a new job now and I really need my licence. Do I have to wait the whole three years?
No you don't. If you've been disqualified for more than two years:
- you can apply to a court to get rid of your disqualification after 2 years, there is no court fee
- then, as long as the court makes an order which does get rid of the disqualification, you can apply to Queensland Transport for a licence in the ordinary way (but you must show Queensland Transport the court order)
- remember that Queensland Transport may require you to pass the usual testing procedures.
I was disqualified absolutely from driving a few years ago. Can I get a licence back?
Yes, you can if it's at least two years after you were disqualified. Then, you can apply to a court as set out above (or if you were disqualified absolutely before 13 March 2002 you can apply directly to Queensland Transport instead of to a court).
What court do I go to so that I can try to get rid of the disqualification?
You need to look at which court made the order to disqualify your licence:
- if the order was made by the supreme court then you go to the supreme court
- if the order was made by the district court then you go to the district court
- if the order was made by the magistrates court:
- if you live in Queensland, you go to the magistrates court near where you live
- if you live interstate, you go to the Brisbane Magistrates Court.
What does the court look at to decide if it will make an order to get rid of my disqualification?
The court looks at:
- your character
- what you did to get disqualified from driving
- how you've behaved since you were disqualified
- any other circumstances.
Because the court has to look at these things, it will definitely look at any criminal history you have and your traffic history. It may also look at other things.
It's two years since I was disqualified so I want to apply to a court to get rid of my disqualification. What do I do now?
- Go to any Queensland Transport customer service centre and fill in a form to get a copy of your traffic history. There is a fee for this.
- If you have ever been to court or been in trouble with the police, go to your local police station and fill in a form to get a copy of your criminal history. There is a fee for this.
- Fill in an application form (ask at the court registry for the form to remove a licence disqualification) and lodge it with the court. The court will give you a court date.
- Prepare an affidavit which tells the story of why you were disqualified, any criminal history, explains any bad traffic history, explains why you want to be able to get your licence back etc. You can lodge this at the court with your application or later.
- You must serve a copy of your application on the police prosecutor as soon as you can, because you must give the police 28 days notice of your application.
- You also need to give the prosecutor a copy of your affidavit. You can leave this until the court date, or if you lodge the application and affidavit together, then you may as well serve both together.
- On the court date, the magistrate may want you to give evidence as well as reading your affidavit and the prosecutor and the magistrate may ask you questions.
- If the court gives you an order which gets rid of your disqualification, you can then apply to Queensland Transport for a licence in the ordinary way.
- The court order is not a licence, it is an order saying you no longer have a disqualification, so do not drive until you have been to Queensland Transport with the court order and Queensland Transport has given you a licence.
The court refused my application to get rid of the disqualification. I can apply again in a few weeks, can't I?
No you can't. If you apply and the court says no, you have to wait another whole year before you can apply again. That's why sometimes it's better to wait a bit longer than two years before you apply to get rid of your disqualification.
It's always best to talk to a lawyer and get legal advice before you apply to get rid of your disqualification. A self-help kit is available free of charge from Legal Aid Queensland to help with applying to get rid of your disqualification.