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How to apply to a Magistrates Court

Step 1. Get a copy of your traffic history

Fill in the Release of Information Application form (F2121). The identifying number can be found in the bottom right hand corner of the form. You can get the form from a Department of Transport and Main Roads customer service centre or download it from the department’s website www.tmr.qld.gov.au.

Take the completed form to a customer service centre to get a copy of your traffic history. You can find the nearest centre to you by looking on the Department of Transport and Main Roads website. You can call 13 23 80 to find out the fee 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 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 in Queensland, then you must apply in person to your local police station to get a copy of your criminal history, or you can download the Copy of Own Criminal History form (QP349a). If you have been convicted of offences in other states, you must get a National police certificate.

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. To find out the fee to get a copy of your criminal history, call the Queensland Police Service on (07) 3364 4089 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 two years have passed since your disqualification date. If not, then you should wait until the two years are up before applying.

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 the sample form). Fill out the form and make two copies of it. Make sure you list all of your disqualifications on the form. When you have completed the form, give the original and copies to the court. You will need to pay a filing fee to the Magistrates Court. Check with the court to find out the current filing fee.

The court keeps the original 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 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 to remove a 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 you have driven a motor vehicle since being disqualified. They may also ask about your general behaviour.

Even though you have applied to remove your disqualification, you must not drive a motor vehicle at this time. If you are convicted of driving while disqualified again, you will be further disqualified from holding or obtaining a driver licence and your application for removing the previous disqualifications will be refused.

Step 5. Get evidence to support your application

If your probation order includes a condition to undertake a driving-related rehabilitation program, and you have successfully completed the program, get a copy of the completion certificate to support your application. In circumstances where you have attended intervention to change your driving behaviour and/or address substance abuse, consider asking your treating practitioner to provide confirmation of your attendance and progress. You may also consider getting character references to further support your application.

You will need to give evidence supporting your application at the hearing. You need to prepare an affidavit (see the sample form). 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 updated 21 April 2021

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