Repute Law

(7.00 am to 11.00 pm, 7 days)

Habitual Offender Declarations

The Habitual Offender Declaration NSW scheme was abolished in 2017 and can no longer be made. It remains in place for those who were declared habitual offenders before the commencement of the new rules.

When imposed, it placed an automatic licence disqualification on drivers found guilty of committing at least three relevant major traffic offences occurring at different times within five years. The relevant offences include:
  • Drug driving.
  • Drink driving.
  • Driving at a speed or in a manner dangerous to the public.
  • Driving while unlicenced or disqualified and negligent driving where death or grievous bodily harm is occasioned.
Once a person was convicted of a third offence within five years, they were declared a habitual offender and automatically disqualified for five years on top of any other Court-imposed disqualifications. For example, if your third offence was drunk driving and you were disqualified for one year, the Habitual Offender Declaration added five years to the disqualification period. Therefore, the overall disqualification would be six years. Disqualification periods were served consecutively, not concurrently. In determining whether to quash the declaration, the Court will consider if the habitual offender declaration is “disproportionate and unjust” regarding your total driving record as well as the special circumstances of the case.

Do you have a court date?

So, if you have been declared a habitual traffic offender under the previous scheme and are currently disqualified from driving, you must apply to a Court to get your licence back. This is where we at Repute Law can help.

How to know if you’re eligible to have your habitual offender declaration revoked 

You can apply to the Local Court to remove your disqualification if:

  • The remaining disqualification period relates to your habitual offender’s declaration only, 
  • Or you, as the driver, have not committed a traffic offence in the past two years (parking tickets are not considered a traffic offence).

Am I ineligible to apply?

You are ineligible to apply for the removal of your disqualifications if you’ve ever been guilty of one or more of the following offences:

  • Any Crimes Act offence including death, grievous bodily harm or wounding by the use of a motor vehicle,
  • Predatory driving,
  • Police pursuit,
  • Negligent driving causing death or grievous bodily harm (GBH),
  • Intentional menacing driving, or
  • Failing to stop and assist after a collision.

Why you should choose Repute Law to remove your disqualification 

Fixed fees with no hidden costs

Our traffic lawyers understand the stress of a criminal charge. The last thing we want to do is add to that stress with financial burdens. That’s why we offer affordable fixed fees with complete transparency. That means no hidden fees or bias costs based on your occupation or postcode.

Past outcomes and results

At Repute Law, our lawyers have represented clients in over 30,000 cases and are well qualified and experienced to assist with:

  • Declarations quashed
  • Disqualification periods removed

When you choose us, you can rest assured that our lawyers will make it their priority to help you quash your habitual offender declaration. 

Lawyers experienced across various areas of driving charges 

At Repute Law, our lawyers are well-versed in different driving offences, including:

Reach out to our experienced lawyers at Repute Law 

Hire our experienced traffic lawyers, who are highly knowledgeable in this area of the law and have a proven track record of exceptional results. We only assign Senior Criminal Defence Lawyers, not juniors, to your case to ensure your lawyer has a wealth of experience. Our lawyers will work closely with you to ensure you’re Court Ready®. We can also provide representation for a police interview or voluntary police interview

Repute Law lawyers have the years under their belt to know the nuances of each charge. We can offer you expert legal guidance and representation to help get your habitual offender declaration quashed. We understand the importance of having a driving licence and will fight hard for your rights. We´ll do all we can to secure the best possible outcome for your case. We aim to get you back on the road sooner. If you have any questions or concerns, contact our team, who will gladly assist you. 


If you were declared a habitual offender before the new laws in 2017 abolishing the habitual offender declaration, you can apply for the removal of your disqualification. You will only be eligible to do so if the remaining disqualification period relates to the habitual offender declaration only and you have not committed any other traffic offences in the past two years.

You can file your application to appeal the declaration in the NSW Local Court specifying that it is made under section 221B of the Road Transport Act 2013.

You must accompany the application with an up-to-date driving record and particulars of any ‘pending proceedings’ for alleged driving offences. Your Court date will be allocated at the time of filing.