How do I get my licence back after disqualification NSW?
People often ask us ‘How do I get my licence back after disqualification NSW?’
Many people believe that so-called ‘work licenses’ are available in New South Wales.
This is unfortunately not the case.
A ‘work license’ is a restricted license available to those who will lose their current license due to an offence, allowing them to drive for ‘employment purposes’ only.
Although this license remains available in other states, such as Queensland, they are not available in New South Wales.
No provisions exist specifically allowing a person to drive, because of their employment obligations, where their license has been disqualified.
So, ‘how do I get my licence back after disqualification NSW?’
What is the NSW alcohol interlock program?
However, where an offender has had their license disqualified for a major alcohol-related offence, the NSW Alcohol Interlock Program may be available.
The interlock program allows offenders to begin driving again sooner than they would otherwise have been able to.
Participants in the interlock program are required to have an ‘Interlock Device’ fitted to their car.
The device is a breath-testing device connected to the car’s ignition, and will only allow the driver to start the engine where there is no alcohol present in their system.
How do I get an interlock device?
If you are convicted for a major alcohol-related offence, for which your license will be disqualified, at the time of sentencing the Court has the discretion to order a ‘disqualification suspension order’ (you should advise your legal practitioner of your desire to participate in the ‘Interlock Program’).
If the order is made, you will be disqualified for a reduced period, the ‘disqualification compliance period’.
At least 28 days prior to the expiry of the ‘disqualification compliance period’, you must:
- Have an Interlock Device installed by Roads and Maritime Services (formally, RTA) approved installer (after which an Interlock Installation Certificate will be provided);
- Consult a Roads and Maritime Services approved medical practitioner who will undertake a ‘Drink-Less Brief Medical Intervention’, which consists of a survey on alcohol use and a discussion about safe alcohol consumption (after which, the doctor will sign a Brief Intervention Certificate which you must take to the appointment);
- Submit both certificates to the Roads and Maritime Services and complete an interlock drivers licence declaration (however, you can only do this after you have completed your ‘disqualification compliance period’).
When the Court initially orders the ‘disqualification suspension order’, it will also specify the period for which you must use the interlock device.
The minimum interlock participation periods which can be ordered will be 12, 24 or 48 months depending on the severity of the offence for which you were convicted; but the court may order a longer period if it sees fit.
Once you have completed the interlock participation period, you can have the device removed and obtain a new standard unrestricted license.
Disclaimer
This article is intended as a guide only and does not constitute legal advice.
Have you been charged with a traffic offence?
If you have been charged with an alcohol-related offence and would like specific advice on participation in the ‘Interlock Program’, please contact us here.
