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When can I apply to remove a driving disqualification?

Criminal Defence

Section 42 of the Road Traffic Offences Act 1988 permits a person disqualified from driving to apply for removal of their disqualification:

  • After two years if the disqualification was for a period of less than 4 years.
  • When half the period of disqualification has expired if the disqualification is for a period of 4 years and up to 10 years.
  • When 5 years have expired if the disqualification was for a period of 10 years or more.

If your driving ban was for less than 2 years you will be required to serve the whole term, as the court will not hear an application to reduce it.

Depending on the length of time you have been driving or the offence committed, the court can order you to re-sit your theory test and take an extended practical driving test before getting your full licence back. There is no power to remove a disqualification until a driving test is passed.

What happens if my application is refused?

If the application to remove a disqualification is refused, another application may not be entered until 3 months thereafter.

Will I have to go to court?

There will be a hearing in court to consider your application and it is always advisable for you to attend.

If you are considering an application to remove a disqualification you should consider instructing a solicitor to advise you in the making of the application and to represent you at the court hearing.

Facing a motoring offence prosecution can be a worrying time, but our nationally recognised specialist solicitors at Hegarty Solicitors are here to ensure the best possible outcome for your case. Find out more about our diving offences advice and representation.  

If you are facing prosecution, contact us to discuss your case.

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