Application for early removal of a driving disqualification

Applications for the early return of a driving licence

If you have been disqualified by a Court in England and Wales for a lengthy period it is possible to ask the Court that sentenced you to remove the disqualification early.

Such applications may be made in accordance with section 42 of the Road Traffic Offenders Act 1988 which states that:

No application shall be made for the removal of a disqualification before the expiration of whichever is relevant of the following periods from the date of the order by which the disqualification was imposed, that is:

• Two years, if the disqualification is for less than four years
• One half of the period of disqualification, if it is for less than ten years but not less than four years
• Five years in any other case 

The Court will consider the criteria contained within section 42 of the Road Traffic Offenders Act 1988 which states that Courts should scrutinise the character of the person disqualified and their conduct since the disqualification was imposed. Courts will also look into the circumstances of the offence that led to the disqualification in determining the outcome of such an application. 

Opposition from the Crown Prosecution Service

Applications are frequently opposed by the Crown Prosecution Service on behalf of the Chief Constable of Police and it is rare that the Court are sufficiently satisfied to return a licence early. If your application was unsuccessful you would be prevented from making a further application for three months and each application carries less weight and persuasion than the last. The onus is on you to satisfy a Court that is can grant you the early return of your licence.

Instructing a specialist road traffic solicitor can give you the best chance of successfully making the application at Court. Contact Stephensons by completing our online enquiry form or call our 24/7 driving offence helpline for advice on 01616 966 229.