Apply to remove driver licence disqualification

You will need to get a copy of your driving record from Transport for NSW (TfNSW) (formerly known as Roads and Maritime Services or RMS).

To get a copy you will need to fill out a Driving record application for disqualification removal order. You can get a copy of the form from the TfNSW website.

If you are a disqualified driver, there is no fee for getting a copy of your driving record.

When you provide this form to TfNSW, you must include proof of identity documents that have been certified by a relevant witness. The application form lists the relevant witness requirements which will depend on the type of identification you have.

You can send the form to TfNSW by:

• email to DisqualificationRemovalOrders@transport.nsw.gov.au, or
  
• post to Transport for NSW at Disqualification Removal Orders, Locked Bag 14, Grafton NSW 2460.  
  

Once TfNSW receive your completed form they will review your driving record and determine whether you are eligible to apply under the new scheme to remove your driver licence disqualifications.

TfNSW will provide you with a copy of your record and a covering letter. The covering letter will say whether based on your current driving record, you are eligible to apply under the new scheme to remove any existing driver licence disqualification.

 You cannot apply in the Local Court to remove your driver licence disqualification without an up to date copy of your driving record from TfNSW and the TfNSW cover letter confirming you are eligible to apply.

 If you are in custody and can't get the identity documents required, you should speak to TfNSW about other options.

The information that TfNSW provides to you in its covering letter is a guide only and does not represent legal advice. 

Before making a court application, you may wish to seek legal advice about your eligibility under the driver licence disqualification removal scheme and prospects of success.

You will need a form:

Application Notice - Application to remove driver licence disqualification

You can get a copy of the form from:

• any Local Court  or
  
• the Local Court website 

• Instructions: Application to remove driver licence disqualification (PDF, 118KB).
• Sample: Application to remove driver licence disqualification (PDF, 137.8KB).

When you have finished filling out the form, you will need to file it at the Local Court. The court will give you a date that your application will be heard.

When you file the form, you will need to pay a fee of $114.00 (as at 1 July 2024). In some circumstances you may be able to apply to have the fee waived or postponed.

For more information about this, go to Forms and Fees on the Local Court website.

You will need to provide evidence to the court to support your application.

Examples of what you might take to court are:

• character references
  
• if you have a medical condition, a letter to the court from your doctor stating that you need to attend medical appointments and the location of these appointments
  
• if you are a carer for someone who cannot drive, a letter from their doctor or from them explaining that they cannot drive (or they could come to court and give evidence about this)
  
• a letter from your employer explaining what work you do and why you need your licence
  
• if you believe you need your licence to find work, evidence of your attempts to find a job without a licence.
  

Take the original and two copies of any documents to court. The original will be kept by the court, keep one for your records and have a spare.

You will need to attend the Local Court on the date the matter is set down for hearing.  At court you will need to explain to the magistrate why you think the disqualification period should be removed.

The court will usually put up a list of all the cases being heard that day. You should look for your name on the list, as it will tell you the courtroom you need to go to. If you can't find it speak to someone in the court's registry office.

When your name is called you should go and stand at the bar table (where the lawyers sit).  The magistrate may ask you if you have anything to show them to support your application. If you have brought character references and other documents, you should hand these to the court officer to give to the magistrate. 
 
The magistrate may then ask you to explain why you think your disqualification period should be removed. If applicable, you should outline:

• you do not pose a safety risk to the community
  
• you have not committed any recent offences
  
• if public transport options are limited
  
• why you need your licence
  
• any family or carer responsibilities
  
• work or education commitments
  
• need for licence for work
  
• any health problems
  
• information about your financial circumstances
  

Some magistrates may want you to give evidence and will ask you to go into the witness box. You will have to take an oath or affirmation (promise to tell the truth). The magistrate will then ask you questions.

After the magistrate has heard from you they will make their decision. The magistrate will consider:  

• the safety of the public
  
• your overall driving record
  
• your driving offences that led to your disqualification
  
• your family, carer, work, education or other commitments
  
• your health and finances 
  
• any other relevant issues
  

If you are successful in having your driver licence disqualification period removed early, you will need to apply to TfNSW and complete the standard road safety and knowledge tests to get your licence back. It is very important you do not drive before you reapply and are reissued with a licence. If you drive before you get a new licence you will be committing an offence.

After the hearing, TfNSW will do further checks to ensure that there were no recent driving offences that the court did not know about. TfNSW can report the matter back to court to be re-heard if they think an offence has been committed that the court did not know about.

If your application in the Local Court is not successful you cannot appeal to the District Court.  However, you may be eligible to make a further application to the Local Court after 12 months from the date of decision of the Local Court.