If you have been disqualified from driving you may be entitled, in certain circumstances, to apply to the Court to have your disqualification removed so that your driving licence can be restored early.
In general terms, the Court hearing the application will look at the character of the applicant and in particular their behaviour since the disqualification was imposed. In deciding whether or not to remove the disqualification, the Court will also have regard to the nature of the offence as well as any other relevant circumstances. Any application must be intimated to the Procurator Fiscal who will usually obtain a report from the police as to an applicant’s conduct in the period since any ban was imposed. The police will usually express their own view as to the merits of any application but the decision is ultimately one for the Sheriff and you are entitled to be represented at any Court hearing. McSporrans can help advise you, prepare the necessary documents and argue the case in court for removal of disqualification.
When applying to have your licence reinstated, reasons should be given supporting the application. The following is a list of examples but is not exhaustive:
(1) The avoidance of hardship
(2) Resumption or retention of employment
(3) Personal or family difficulties, such as illnes or caring for a relative
Such claims should be supported where appropriate with documentary evidence such as a letter from an employer/prospective employer or medical practitioner.
An application can be made under Section 42 of the Road Traffic Offenders Act 1988 in the following circumstances:
(1) If the period of disqualification is less than 4 years, an application can be made after 2 years. (You cannot, therefore, Petition the Court for Removal of Disqualification if you have been disqualified for two years or less)
(2) If the period of disqualification is less than 10 years but not less than 4 years, an application can be made after half of the period of disqualification has been served, (eg if disqualified for 6 years, after 3 years have been served)
(3) After 5 years in any other case (eg if you have been disqualified for life, you can apply to the court after 5 years)
There is no limit to the number of times you can apply to the Court to have your licence restored. However, where an application is refused, a further application cannot be made within 3 months of the date of refusal.
