Early Removal of Driving Disqualification

In previous articles we have touched on the subject of driving disqualification, which is by far the most common ancillary order handed down by the Magistrates' Court.

Most people are familiar with the idea that certain driving offences (e.g. drink driving, dangerous driving) attract a mandatory period of disqualification, whereas the court has a discretionary power to disqualify in many other cases.

The court also has the power to disqualify a person from driving if they are convicted of a non-driving offence, which is particularly useful in the case of an offender who uses a vehicle to facilitate their crimes.

Just as the court has the power to disqualify a person from driving, so it has the power to remove such a disqualification.

Section 42(1) of the Road Traffic Offenders Act 1988 allows a disqualified driver to apply to the court that imposed the disqualification to have that disqualification removed.

Under section 42(2) of the Act the court can either grant the application, thereby ordering the removal of the disqualification from a specified date, or refuse the application. In arriving at its decision, the court is obliged to consider the following factors:

• the character of the disqualified driver and their conduct subsequent to the disqualification being imposed;
• the nature of the offence;
• any other circumstances of the case (e.g. why the disqualified driver thinks their circumstances necessitate the early removal of the disqualification).

Section 42(3) of the Act states that an application for the removal of disqualification can only be made:

• after two years have elapsed, if the disqualification was for less than 4 years (disregarding any extension period);
• after half of the disqualification period (disregarding any extension period), if the disqualification was for more than 4 years but less than 10 years;
• after five years in all other cases.

Section 42(3) of the Act states that if the court refuses the application, a fresh application cannot be made for a period of three months.

Section 42(6) of the Act states that an application cannot be made if the driver has been disqualified until they have passed the appropriate driving test (in accordance with section 36(1) of the Act).

In the event that the court grants the application, the driver would need to reapply to the DVLA for the return of their driving licence prior to their resumption of driving.

In my experience these applications are very rare, possibly because very few disqualified drivers are aware of the legislation. When the court imposed the disqualification, it did so with the intention that it would be fully served. For that reason, these applications are only granted in compelling, exceptional circumstances.

One case I do remember involved a man who had been disqualified for drink driving for the second time in 10 years. He appeared before the court having served two-thirds of a 40 month disqualification.

Apart from his two previous drink drive convictions he was a man of good character. He had engaged very well with the requirements of a community order imposed on his last conviction. He was suitably contrite, describing himself as being ashamed to be in the position he was.

He explained that his wife had recently been made redundant and money was getting very tight. In order to keep up with the mortgage payments he was having to increase his hours at work, but having drained his savings he could no longer afford £1,000 a month on taxi fares. If he didn't get his licence back he was going to have to quit his job - a skilled, secure job - and look for alternative employment closer to home.

The application was granted.

Anyone wishing to make an application under section 42(1) should write to the relevant Justices' Clerk.