Road Traffic Act, 1961

Removal of disqualification under consequential or ancillary disqualification order.

29.—(1) A person in respect of whom a consequential or ancillary disqualification order specifying a period of disqualification exceeding six months has been made may, at any time and (save as is hereinafter mentioned) from time to time after the expiration of three months from the beginning of the period of disqualification and before the expiration of that period, apply, to the court which made the order, for the removal of the disqualification, and that court, if it considers that circumstances exist which justify such a course, may by order remove the disqualification as from a specified date not earlier than six months after the beginning of the period of disqualification.

(2) In considering for the purposes of subsection (1) of this section whether the circumstances referred to in that subsection exist, a court, without prejudice to its power to have regard to all such matters as appear to it to be relevant, may, in particular, have regard to the character of the applicant, his conduct after conviction and the nature of his offence.

(3) In subsection (1) of this section the reference to the court which made a disqualification order shall, in the case of any such order varied on appeal, be construed as a reference to the appellate court.

(4) Where—

(a) a consequential or ancillary disqualification order is made by an appellate court on an appeal from another court, and

(b) the order made by the appellate court is to the same effect as an order of the same kind made by the other court,

the other court shall, for the purposes of subsection (1) of this section, be deemed to be the court which made the order made by the appellate court.

(5) Where an application under this section is refused, a fresh application shall not be made within three months after the refusal.

(6) Where, an application having been made under this section to the District Court, the Circuit Court or the Central Criminal Court, the application is refused or the applicant is aggrieved by the date as from which the disqualification is removed, he may appeal to—

(i) in the case of an application to the District Court—the Circuit Court, and

(ii) in any other case—the Court of Criminal Appeal.

(7) The court hearing an application or appeal under this section may order the applicant to pay the whole or any part of the costs.