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Has your licence been disqualified for more than two years?

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Skip Navigation LinksHome > Publications > Factsheets and guides > Legal information guides > Has your licence been disqualified for more than two years? > How to apply to a magistrates court

How to apply to a magistrates court 

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Step 1: Get a copy of your traffic history

Fill in the Release of Information Application form(Form F2121). The identifying number can be found in the bottom right hand corner of the form. You can obtain the form at a Department of Transport and Main Roads Customer Service Centre or download it from the Department of Transport and Main Roads website www.tmr.qld.gov.au.

Take the completed form to a customer service centre to get a copy of your traffic history. You will be able to find the address of the nearest centre to you by looking on the Department of Transport and Main Roads website. You can telephone 13 23 80 to find out what the current fee is to get a copy of your traffic history. If there is not a centre near you, then you can post the completed form together with the necessary fee to:

Customer Service Support
Department of Transport and Main Roads
GPO Box 2451
Brisbane QLD 4001

Step 2: Get a copy of your criminal history

If you have been convicted of criminal offences, then you must apply in person to your local police station to get a copy of your criminal history. Your criminal history is a record of all your criminal convictions. If you are not sure whether you have criminal convictions, then ask for your criminal history.

You must apply in person at your local police station to get a National Police Certificate on name only (QP349c) or Copy of Own Criminal History form (QP349a).

To find out what the current fee is to get a copy of your criminal history, telephone the Queensland Police Service on (07) 3364 6854 or visit their website www.police.qld.gov.au

Step 3: Check your details

Check your traffic and criminal histories carefully to make sure they are correct. You should also make sure that two years have passed since the date of your disqualification. If not, then you should wait until the two years are up, before making an application.

Step 4: File an 'Application for removal of disqualification' form

Get an Application for Removal of Disqualification of Driver Licence form from the magistrates court (see sample forms). Complete the form and make two copies of it. Make sure you list all your disqualifications on the form.

When you have completed the form, give the original and copies to the court. You do not have to pay a fee for filing the application.

The court keeps the original of the form, one copy goes to the police and the other one is returned to you when a date has been set for the hearing. In some magistrates courts in Queensland you may have to serve (deliver) the copy to the police prosecutor yourself – the court staff will usually tell you when you file the form.

Applications for removal of licence disqualification are usually heard in court about six to eight weeks after the application is filed.

When the police receive your application they may ask you, your employer, neighbours, family and friends whether there is evidence that you have driven a motor vehicle since being disqualified. They may also ask about your general behaviour.

Even though you have applied for removal of your disqualification, you must not drive a motor vehicle at this time. If you are convicted of driving at this time you will be further disqualified from holding or obtaining a driver licence.

Step 5: Get evidence to support your application

If you have had a Probation Order since you were disqualified from driving, consider asking your Probation Officer to provide an affidavit in support of your application.

If your Probation Order had a condition that you attend a drink driver rehabilitation program, and you successfully completed the drink driver program, ask the Probation Officer to confirm in an affidavit that you successfully completed the program. If you completed a rehabilitation program to change your driving behaviour or drug or alcohol abuse, then consider asking the coordinator to provide an affidavit or a reference confirming that you successfully completed the program. You could also consider obtaining character references.

Evidence supporting your application needs to be given at the hearing. You need to prepare an affidavit like the one in sample forms, but do not file it before you go to court. An affidavit is a written statement you make under oath (you promise to tell the truth) with your signature witnessed by a Justice of the Peace. You can download an affidavit form from the Queensland Courts website www.courts.qld.gov.au



Last modified: 20 March 2012 11:42AM
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How to apply to a magistrates court