As specialist motoring defence solicitors, we are regularly contacted by clients who have already been disqualified from driving. Some have only just received their ban, while others have been off the road for years. The most common question we are asked is simple:
“Can I get my driving licence back early?”
The good news is that in some circumstances, the answer is yes. The law does allow for a ban to be reduced, provided certain conditions are met. If you are currently serving a drink driving ban, drug driving disqualification, or another motoring offence ban, you may be able to apply for an early licence return.
In this blog, we’ll explain everything you need to know about applying for the early removal of a driving disqualification under Section 42 of the Road Traffic Offenders Act 1988 (RTOA 1988).
How Can I Get My Licence Back Early?
There are two main ways to reduce the length of a driving ban:
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Appealing the original sentence – If you believe the ban was too harsh, you can appeal to the Crown Court to reduce it.
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Applying under Section 42 RTOA 1988 – This is the most common method. It allows you to apply to the Magistrates’ Court that imposed the ban for the disqualification to be removed early.
This article focuses on the second option: Section 42 Applications.
What Does Section 42 RTOA 1988 Say?
Section 42 of the Road Traffic Offenders Act 1988 gives the Magistrates’ Court the power to end a driving disqualification early. The law states:
“A person who by an order of a court is disqualified may apply to the court by which the order was made to remove the disqualification.”
This means that if you have served a portion of your ban, you can apply to the court for it to be lifted. However, the court must take into account several important factors before making a decision.
When Am I Eligible to Apply?
You cannot apply immediately. The law sets out clear eligibility rules:
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3-year ban → you must serve at least 2 years.
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4–10 year ban → you must serve at least half of the disqualification.
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Over 10 years → you must serve at least 5 years.
If you apply before reaching these thresholds, your application will be refused automatically.
What Will the Court Consider?
The court does not grant these applications lightly. They must be satisfied that you are not at risk of reoffending and that removing the ban will not endanger the public.
Section 42(2) sets out three criteria:
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Your character and conduct since the ban was imposed.
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The nature of the original offence (for example, whether it was a high reading drink driving conviction or a dangerous driving offence).
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Any other relevant circumstances, such as family commitments, work requirements, health issues, or evidence of rehabilitation.
Ultimately, the burden is on you (or your legal team) to demonstrate why your licence should be returned early.
The Application Process
The process typically involves two stages:
1. Submitting the Application
A written application is lodged with the Magistrates’ Court that imposed the disqualification. This must include detailed reasons why your licence should be reinstated early, supported by evidence.
Examples of supporting evidence include:
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Employment contracts or letters from employers showing why you need to drive.
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Medical records if you or a family member rely on you for transport.
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Proof of changed circumstances since the ban was imposed.
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Character references from employers, colleagues, or community members.
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Certificates showing completion of counselling, rehabilitation, or drink driving courses.
This is a crucial stage - a poorly drafted application is likely to be rejected, and you may not get another chance.
2. The Court Hearing
Once an application is submitted, a hearing date will be set. You (and your solicitor, if instructed) will attend court and present your case to the magistrates.
At the hearing, the court will want to know:
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How your circumstances have changed since the ban.
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Why you now need your driving licence back.
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What steps you have taken to address the issues that led to the disqualification.
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Whether your application is supported by credible evidence and references.
The magistrates will then decide whether to remove the disqualification.
⚠️ Important: If your application is refused, you cannot reapply for at least 3 months. This is why preparing thoroughly is essential.
Why Use a Specialist Motoring Defence Solicitor?
Section 42 applications are often complex and depend heavily on the quality of the evidence and argument presented. Having an experienced motoring law solicitor can make the difference between success and failure.
At M.A.J Law, we regularly prepare and present these applications in court. We know what magistrates are looking for and how to put forward the strongest possible case. From drafting persuasive written applications to preparing clients for the hearing itself, our role is to maximise your chances of success.
Key Takeaways
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You may be able to get your driving licence back early under Section 42 of the Road Traffic Offenders Act 1988.
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Eligibility depends on how long your ban was and how much of it you have already served.
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The court will consider your character, offence, and current circumstances before making a decision.
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If your application is refused, you must wait at least 3 months before applying again.
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Professional legal representation can significantly improve your chances of success.
How M.A.J Law Can Help
If you are serving a ban and want to explore the possibility of an early licence return, contact our team today. We will assess your eligibility, help you prepare the strongest possible application, and represent you at the hearing.
We are the UK’s leading firm specialising exclusively in motoring defence, with a track record of helping thousands of motorists across England and Wales.
📞 Call us today for free initial advice - don’t leave your future to chance.
