The Criminal Procedure Rules 2015

Application to remove a disqualification from driving

29.2.—(1) This rule applies where, on application by the defendant, the court can remove a disqualification from driving.

(2) A defendant who wants the court to exercise that power must—

(a) apply in writing, no earlier than the date on which the court can exercise the power;

(b) serve the application on the court officer; and

(c) in the application—

(i) specify the disqualification, and

(ii) explain why the defendant wants the court to remove it.

(3) The court officer must serve a copy of the application on the chief officer of police for the local justice area.

[Note. For the circumstances in which the court may remove a disqualification from driving imposed under section 34 or 35 of the Road Traffic Offenders Act 1988, see section 42 of the Act(1). The court may not consider an application made within 2 years of the disqualification, in any case; or, after that, before a specified period has expired.]

(1)

1988 c. 53; section 42 was amended by section 48 of, and paragraph 98 of Schedule 4 to, the Road Traffic Act 1991 (c. 40) and section 9 of, and paragraphs 2 and 8 of Schedule 2 to, the Road Safety Act 2006 (c. 49). It is further amended by sections 10 and 59 of, and paragraphs 30 and 40 of Schedule 3, and Schedule 7 to, the Road Safety Act 2006 (c. 49) and by paragraph 90 of Schedule 21 to the Coroners and Justice Act 2009 (c. 25), with effect from dates to be appointed.