Removal of Disqualification

Section 42 of the Road Traffic Offenders Act 1988 allows banned drivers to seek early removal of disqualification if certain strict criteria are met. In order to make an application under this section you must have served at least two years or half of your ban (whichever is higher). If you have served the appropriate portion of your ban you can make an application to the court for a hearing. The court will then consider the nature of the original offence along with your character and conduct subsequent to the offence. Often these applications are based on the banned driver having received an offer of employment contingent upon their ability to drive.

The courts do not grant applications under this section lightly. It is essential that you instruct the services of an experienced road traffic solicitor as soon as possible as you must draft a complicated petition for submission to the court. If the court is satisfied in all of the circumstances that it is in the interests of justice to grant the application it will do so. If not the application will be refused. In such an event you are barred from making a further application within three months of the date of refusal. If the petition is successful the disqualification will be removed and the updated information will be endorsed on your licence. We have conducted many of these applications successfully in the past. If you are interested in petitioning the court for removal of disqualification please arrange an appointment with our office in order that we may discuss matters more fully.