FAQ about habitual traffic offenders
What is a habitual traffic offender? (habitual traffic offender meaning)
A habitual traffic offender is a person who has been convicted of three ‘relevant offences’ (defined below) on different occasions within 5 years.
What happens to drivers who are habitual traffic offenders?
If a person is declared a habitual traffic offender, their licence is disqualified for a period of 5 years.
The court has the discretion to vary the term of the disqualification and can reduce it to as little as 2 years or extend it for the driver’s lifetime.
Can the Court quash a habitual offender declaration?
The declaration can be quashed by a court if it determines that the disqualification imposed is ‘disproportionate and unjust’.
The Court will consider the total driving record of the person. And any special circumstances of the case.
When does the period of disqualification commence?
The period of the disqualification commences after all other disqualifications have concluded (this means if your third offence results in a two-year suspension and a declaration that you are a ‘habitual traffic offender’ and disqualified for 5 years, you will not be permitted to drive for a total of 7 years).
What are ‘relevant offences’ for a habitual traffic offender?
Relevant offences include the following:
- ‘Major’ offences – drink driving, dangerous driving and menacing or predatory driving
- Exceeding the speed limit by more than 45km
- Unlicensed driving where they never previously licensed
- Driving disqualified, suspended or cancelled
