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Application for early return of licence – Key Workers

April 3, 2020 by in category Covid-19, News with 0 and 0
Home > News > Covid-19 > Application for early return of licence – Key Workers

Are you currently a key worker and serving a driving disqualification?

Are you having difficultly getting to work in the COVID-19 pandemic?

We may be able to get your driving disqualification cut short.

The Law

Section 42 of Road Traffic Offenders Act 1988 states if you are serving a driving disqualification it may be possible to apply for the return of your licence early if:

  • Two years have passed since disqualification of four years or less was ordered;
  • One half of the period of disqualification has passed, if four years to ten years disqualification was ordered;
  • Or five years have passed in any other case.

Who is Classed as a Key Worker?

Health and social care

Frontline health and social care staff such as doctors, nurses, midwives, paramedics, as well as support and specialist staff in the health and social care sector. In addition it includes those working in supply chains including producers and distributors of medicines and personal protective equipment.

Education and childcare

Nursery, teaching staff and social workers.

Key public services

Those required to run the justice system, religious staff, as well as those responsible for managing the deceased, and journalists providing public service broadcasting.

Local and national government

Administrative occupations essential to the effective delivery of the Covid-19 response or delivering essential public services, including payment of benefits.

Food and other necessary goods

Those involved in the production, processing, distribution, sale and delivery of food.

Public safety and national security

Police, support staff, Ministry of Defence civilian staff and armed forces personnel, fire and rescue staff, and those responsible for border security, prisons and probation.

Transport

Those who will keep air, water, road and rail passenger and freight transport modes operating during the Covid-19 response.

Utilities, communication and financial services

Staff required to keep oil, gas, electricity, water and sewerage operations running. Staff in the civil nuclear, chemical and telecommunications sectors. Those in postal services and those working to provide essential financial services.

Application – The Process

Although most Courts are dealing with “urgent hearings” they do seem to be willing to entertain such applications for Key workers and are treating them as emergency/priority hearings.

A formal written application must be made to the court that imposed the original ban for early removal of your disqualification. The application cannot be made before the criteria that is outlined in Section 42 RTOA 1988. At court, the bench or District Judge will consider the following criteria:

  • The offender’s character;
  • Post-conviction conduct such as any significant changes made since the offence;
  • The nature of the offence for which he was convicted; and
  • Any other circumstances of the case, such as why you require your driving licence back.

Do I need Legal Representation?

If your application is refused, you can not have your application considered again for another three months. Therefore, for your best chance of success, we strongly recommend that legal representation is obtained.

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