Habitual Offender Declaration

A habitual offender declaration results in an additional five-year disqualification period on top of any licence disqualification imposed by the court.

If you have been declared a habitual traffic offender in New South Wales, you face a lengthy disqualification period that can significantly affect your ability to work and maintain daily life. If you were declared a habitual traffic offender before October 2017, you may be eligible to have your declaration quashed.

What Is a Habitual Offender Declaration?

A habitual offender declaration (“HTO”) was a legal status imposed when a person was convicted of three or more major traffic offences within a five-year period. Under the Road Transport Act 2013, Roads and Maritime Services automatically declared a person a habitual traffic offender, resulting in an additional five-year disqualification period after any Court imposed disqualification periods finished.

This HTO disqualification period was imposed in addition to any existing disqualification periods ordered by the court. The declaration applied regardless of the circumstances of the case or the person’s driving history since the relevant offences.

Relevant Offences

A person could be declared a habitual offender if convicted of three offences from the following major traffic offences within a five-year period:

Drink driving offences (including mid-range and high-range PCA)
Drug driving offences
Dangerous driving (including driving in a manner dangerous)
Negligent driving causing death or grievous bodily harm
Predatory driving
Police pursuit offences
Driving while disqualified
Failing to stop after a vehicle impact causing death or grievous bodily harm
Exceeding the speed limit by more than 45 km/h

Once a person had accumulated three offences, the declaration was automatic—there was no discretion for the magistrate to consider individual circumstances.

History and Abolition of the Scheme

The habitual offender declaration scheme was introduced in 1982. It was designed to impose heavy penalties on repeat offenders. However, over time, the scheme was criticised for causing disproportionate and unjust consequences.

In many cases, the total driving record showed offences that occurred years apart, where the additional 5 year disqualification period was excessive. The scheme often left people unable to work, attend medical appointments, or meet family commitments.

In 2017, the NSW Government abolished the scheme. No new declarations have been issued since 28 October 2017. However, declarations made before this date remain in effect unless a person successfully applies to have the declaration quashed.

Who Is Still Affected by the Habitual Traffic Offender Declaration?

You may still be affected by a habitual offender declaration if:

You were declared a habitual traffic offender before 28 October 2017
Your declaration has not been quashed by the Local Court
Your HTO licence disqualification period is still running or is still to come

Even if you have moved interstate, a declaration on your NSW traffic record can affect your ability to obtain a driver’s licence elsewhere.

How to Have a Declaration Quashed

If you have a habitual offender declaration on your total driving record, you can apply to the NSW Local Court to have it quashed. The process involves filing an application, paying the filing fee, and attending a hearing where the magistrate decides whether to remove the declaration.

To be eligible, you must demonstrate that:

The declaration was made before 28 October 2017
You have completed any other periods of licence disqualification for the underlying offences
There are grounds for the court to exercise its discretion

The court will consider your driving history, any offence-free period since the declaration, character references, and evidence of hardship, such as employment needs and family commitments.