Has your licence been disqualified for more than two years? (PDF ...

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Who can apply?Section 131(2) of the Transport Operations (Road Use Management) Act 1995allows a person who has been disqualified from holding or obtaining a driverlicence for a period of more than two years to apply to a court for the removalof the disqualification.Where do I apply in Queensland?IfThe disqualification order was madeby a magistrates courtThe disqualification order was madeby a judge of the district court orSupreme CourtYou now live outside QueenslandThe application must be made toThe magistrates court in the area you liveThe district court or Supreme Court forthe area in which you liveThe magistrates court in BrisbaneIf you have been disqualified both in the magistrates court and in the district orSupreme Court, then you must make separate applications to the courts for removalof the disqualifications. You are not allowed to apply for a driver licence until all ofyour disqualifications are removed or the disqualification periods have ended.Legal Aid Queensland5
When can I apply?You may apply for removal of a disqualification any time after two years havepassed since the date of the particular disqualification order.Remember, if your application is refused, a further application cannot bemade until 12 months after the date of the refusal. That is why it is importantto make an accurate assessment of your chances of success before applyingfor removal of the disqualification.If you have a bad traffic history or have been previously disqualified for a numberof periods of more than two years and you have served at least two years of thelatest disqualification period, then you should think about waiting a bit longerthan the two years to improve your chance of success.This is important when, for example, you have been imprisoned for part of thetwo years since the disqualification, or have had further traffic offences since thedisqualification that you want to have removed. In these circumstances, it maybe better to wait two years after being released from prison or after driving whiledisqualified. The court looks at any offences that you have committed since thedisqualification. If you have committed any criminal or traffic offences since thedisqualification then seek legal advice before filing your application.If you have had two or more cumulative disqualifications (are to be served oneafter another) that are still current, then you should get legal advice.Make sure you carefully prepare all the information you need to present tothe court.6Has your licence been disqualified for more than two years? A guide to help you apply to remove your licence disqualification
Page 1: Has your licence been disqualifiedf
Page 9 and 10: How to apply to a magistratescourtS
Page 11 and 12: Applications for removal of licence
Page 13 and 14: • any changes in behaviour or lif
Page 15 and 16: Going to court1 On the date of the
Page 17 and 18: What the prosecutor might askEven w
Page 19 and 20: Can I apply to the Departmentof Tra
Page 21 and 22: What happens next?The department wi
Page 23 and 24: When making your application, you m
Page 25 and 26: Step 3. File a supporting affidavit
Page 27 and 28: Sample 1 - Application for Removal
Page 29 and 30: Sample 2 - Affidavit - Magistrates
Page 31 and 32: Sample 3 - Certificate of ExhibitMA
Page 33 and 34: Legal words and terms explainedAffi
Page 35: Your local Legal Aid Queensland off

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