Regulation 8 Removal of disqualification
Subject to the provisions of this regulation, an offender subject to a driving disqualification order may apply to the court which imposed the order to have it removed.
On any such application the court may either by order remove the disqualification as from such date it specifies in the order or refuse the application.
In making a decision under paragraph (2), the court may take into account the following factors—
the character of the offender;
the conduct of the offender since the order was imposed;
the nature of the offence;
any other circumstances of the case.
No application under paragraph (1) may be made before the expiry of the relevant period.
The relevant period for the purposes of paragraph (4) is—
two years, if the discretionary disqualification period is less than four years;
half of the discretionary disqualification period, if the discretionary disqualification period is less than 10 years but not less than four years;
five years in any other case.
In determining the expiry of the relevant period in paragraph (4), any time after conviction during which the driving disqualification order was suspended or the offender was not disqualified must be disregarded.
Where an application under paragraph (1) is refused, no further application under that paragraph may be made within three months of the date of the refusal.
If under this regulation a court orders a driving disqualification order to be removed, the court—
must send notice of the order to the Secretary of State in accordance with rule 108B of the Armed Forces (Service Civilian Court) Rules 2009 or rule 151C of the Armed Forces (Court Martial) Rules 2009, as appropriate,
may in any case order the applicant to pay the whole or any part of the costs of the application.