JD Spicer Zeb Solicitors Banner Image

Useful Information

  • Home
  • Useful Information
  • Crime/Fraud
Services
People
News and Events
Other
Blogs

How to get your licence back after disqualification

  • Posted

Losing your driving licence due to a motoring offence can seriously impact your freedom, livelihood, and daily life.

In this article, we explain how you may be able to get your driver’s licence back early after disqualification and who may be eligible.

Please note that the following article is for informational purposes only and should not be considered legal advice. If you need legal support with allegations relating to motoring offences, please get in touch, and our team can advise you.

Can I apply to get my licence back early after disqualification?

It is possible to apply for the early return of your driving licence if you have been disqualified from driving, provided certain conditions are met. This is set out under Section 42 of the Road Traffic Offenders Act 1988.

In order to be eligible to apply for the early removal of your disqualification, the following minimum periods must have been served:

  • If you were disqualified for less than 4 years, you must have served at least 2 years of the driving licence ban.
  • If you were disqualified for between 4 and 10 years, you must have served at least half of the disqualification period.
  • If you were disqualified for more than 10 years, you must have served at least 5 years.

What will the court consider?

When deciding whether to remove a driving disqualification, the court will consider the following factors:

  • The character of the person disqualified and their conduct subsequent to the order,
  • The nature of the offence, and
  • Any other circumstances of the case.

The court has the discretion to remove a driving disqualification if it considers it appropriate.

The court can choose to lift the disqualification immediately or set a future date when it will end.

If an application for early return of driving licence after disqualification is refused, a further application cannot be made until at least three months have passed since the previous application.

How can I apply for the ban to be lifted?

An application to remove a driving disqualification must be made to the same court that imposed the original ban, either the Magistrates’ Court or the Crown Court, depending on where the sentence was given. Importantly, this application can only be submitted once the minimum disqualification period is completed.

Our team can make strong and effective written representations to the court on your behalf. The court will want to see evidence of significant changes in your circumstances that justify granting the early return of your licence.

When considering your application, the court will take into account several key factors, including:

  • Your behaviour and conduct since the disqualification was imposed.
  • The seriousness and nature of the original offence that led to the ban.
  • Any personal circumstances that may support your application, which can include changes affecting both yourself and those who rely on you for transport or care.

The court will need to be confident that it is safe for your driving ban to be lifted and that you will not reoffend.

What happens if the court grants early removal of a ban?

If the court grants early removal of your ban, they will notify the DVLA that your disqualification has been lifted.

You will then need to apply to the DVLA to have your licence reissued (either by post or online), in the same way that you would if your disqualification term had naturally come to an end.

If you were disqualified as a high-risk offender, usually in drink or drug driving cases, the DVLA may require you to pass a medical assessment before your suspended licence is returned. You may also need to pay a fee.

Can I drive before I receive my new licence?

If your driving licence has been revoked due to a driving offence and you have reapplied to the DVLA, you cannot drive until you receive your new physical licence.

Unlike standard renewals, where Section 88 of the Road Traffic Act 1988 may allow driving while awaiting a licence, this does not apply if your licence was revoked.

You must wait for confirmation from the DVLA that your application has been approved and that you meet the necessary conditions.

Driving before receiving your UK driver’s licence back could result in further legal consequences, including fines, penalties, or additional disqualifications.

Related offences

We also provide support and guidance on various other matters that are related to a driving licence ban, including:

Related cases

Fees and funding

We are always clear and upfront when it comes to legal fees.

If you are required to attend court for an offence, you may be eligible for Legal Aid. Whether you can access Legal Aid will depend on whether the grant of public funding is justified on a means and interest of justice basis.

Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.       

To find out more about the way we handle fees (both Legal Aid and private fees), please use the links provided below:

Contact our driving offences solicitors today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

You can contact our dedicated driving offence lawyers in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide a prompt, friendly response.