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MVA 1988 (Amended 2019)ORIGINALChapter II

Section 23

Removal of Disqualification

Licensing of Drivers of Motor Vehicles
Fine: N/ACompoundable: N/AEndorsement: No
BARE ACT PROVISION

Legal Text

Any person who is disqualified under section 19 may, at any time after the expiry of six months from the date of the order of disqualification, apply to the authority which made the order for the removal of the disqualification, and the authority may, having regard to the circumstances of the case, by order, remove the disqualification.

Simplified Explanation

Section 23 provides the pathway for a disqualified driver to have their disqualification removed and their licence restored. An application may be made after 6 months from the disqualification order (for administrative disqualifications under Section 19). The authority that imposed the disqualification — the licensing authority — considers the application and may remove the disqualification if circumstances justify it. Relevant considerations include: the nature of the original offence, the driver's conduct since disqualification, evidence of rehabilitation (completion of driving courses, treatment for alcoholism where relevant), and whether restoration would be safe. For court-imposed disqualifications under Section 20, the application would go back to the court.

Historical Context

Section 23 reflects the rehabilitative aspect of the disqualification system — disqualification is not necessarily permanent and can be lifted when a driver demonstrates reform.

Practical Scenarios

"A driver disqualified for 2 years in January 2024 — can apply for removal after July 2024 (6 months), even though the 2-year period hasn't expired."

Common Queries

For administrative disqualifications under Section 19, the minimum wait is 6 months from the disqualification order. For court-imposed disqualifications under Section 20, the applicable period depends on the court's order.