The petitioner applied for early restoration of his driving licence after being convicted in 2017 for causing death by dangerous driving under the Road Traffic Act 1988. He received a 4-year and 2-month prison sentence and a 9-year driving disqualification, requiring him to pass an extended driving test.
The court considered his eligibility to apply for early removal of disqualification under section 42 of the Road Traffic Offenders Act 1988. It was determined that while the petitioner could not avoid the requirement to pass the extended test (per section 42(6)), he was eligible to apply for removal of the 9-year driving disqualification imposed under section 34. Since more than half of the disqualification period had passed, the court examined factors such as his character, conduct since the offence, and the nature of the offence.
The court noted that the petitioner had shown remorse, undergone restorative justice programs, found employment, and was described positively by his employer. Despite the seriousness of the offence, the petitioner’s rehabilitation was acknowledged, and the court removed the remainder of the disqualification from 29 August 2024. However, the court could not restore his driving licence; he must still pass the extended test of competency to drive and is disqualified from unsupervised driving until then.