Licence Disqualification

The Court must disqualify you from holding or obtaining a Queensland driver licence if you are convicted of certain offences.  Offences that are subject to a mandatory period of licence disqualification include:

  • drink driving;
  • failing to provide a specimen; and
  • driving with a relevant drug in your system.

There are several other offences that may result in the Court disqualifying your licence.  For example, the Court may decide to disqualify your licence if you have been convicted of careless driving.  However, licence disqualification in those circumstances is not mandatory.

To learn more about whether you will lose your licence, read our article Am I Going to Lose My Licence.

How do I get my licence back?

If you are disqualified by the Court, your licence will be cancelled.  You will need to go to the Department of Transport and Main Roads to apply for a new licence at the end of the specified period.

If you have been disqualified for more than 2 years, you may be able to apply to have the remaining time removed.

Can I remove the remaining disqualification period?

You are only able to make an application to remove the remaining licence disqualification period in certain circumstances.  You must:-

  • Have had a licence disqualification period of more than 2 years imposed; and
  • Have served at least 2 years of the licence disqualification.

You may then be able to apply to remove the remaining disqualification period.  If you are successful, you can apply for a new licence.

How do I make an application to have the licence disqualification removed?

You must make an application to the Court that has disqualified you.

You complete your application and supporting material.  Your supporting material should include your traffic history, criminal history and an affidavit setting out your personal circumstances.  You will need to show that there are good grounds for the licence disqualification being removed.

Your application must be filed at the relevant Court and you will be required to pay a filing fee.  You may also need to serve the application on the prosecutor.  Your application will then be allocated a hearing date, when the Court will decide your application.

What happens if I am successful?

If you are successful, your application will be granted, and the remaining licence disqualification period will be removed.  You will need to attend the Department of Transport and Main Roads to apply for a new licence.  You are not able to drive until you have been issued a new licence.

What happens if I am not successful?

If you are not successful, your application will be dismissed.  You will be required to wait 12 months before bringing a further application to remove the remaining licence disqualification period.

Please do not hesitate to contact one of our local experts on 07 4963 2000 or via our online contact form if you are considering applying to remove a disqualification period.  We will be more than happy to assist.

Cassandra Adorni-Braccesi Lawyer

Cassandra Adorni-Braccesi
Associate
Criminal Law

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