3

The court may not impose a driving disqualification order in the absence of an offender, unless the court is satisfied that the offender was informed prior to the hearing that the court was considering disqualification.

Chapter 3

Driving Disqualification Orders

Application to remove a disqualification108A

1

This rule applies where under regulation 8 of the Armed Forces (Driving Disqualification Orders) Regulations 2023 (the “Driving Disqualification Order Regulations”), on application by the offender, the court can remove a driving disqualification order.

2

An offender who wants the court to exercise that power must—

a

apply in writing, no earlier than the date prescribed by regulation 8(4) of the Driving Disqualification Order Regulations,

b

serve the application on the court administration officer,

c

in the application set out—

i

the date on which the driving disqualification order was made and the disqualification period,

ii

the offence for which it was imposed, and

iii

the reasons the offender seeks removal of the driving disqualification order.

3

The court administration officer must serve a copy of the application on the Director.

4

A hearing must be held to determine the application.

Information to be supplied on order for disqualification, etc.108B

1

This rule applies where the court—

a

disqualifies the offender from driving, or

b

suspends or removes a driving disqualification order.

2

The court administration officer must, as soon as reasonably practicable, serve on the Secretary of State notice that includes details of—

a

where paragraph (1)(a) applies—

i

the date on which the driving disqualification order was made and the disqualification period;

ii

the power exercised by the court;

b

where paragraph (1)(b) applies—

i

the date on which the driving disqualification order was made and the disqualification period;

ii

the date and terms of the order for its suspension or removal;

iii

the power exercised by the court;

iv

where the court suspends the disqualification pending appeal, the court to which the offender has appealed.

3

The court may not impose a driving disqualification order in the absence of an offender, unless the court is satisfied that the offender was informed prior to the hearing that the court was considering disqualification.

Chapter 3Driving Disqualification Orders

Application to remove a disqualification151B

1

This rule applies where under regulation 8 of the Armed Forces (Driving Disqualification Orders) Regulations 2023 (the “Driving Disqualification Order Regulations”), on application by the offender, the court can remove a driving disqualification order.

2

An offender who wants the court to exercise that power must—

a

apply in writing, no earlier than the date prescribed by regulation 8(4) of the Driving Disqualification Order Regulations,

b

serve the application on the court administration officer,

c

in the application set out—

i

the date on which the driving disqualification order was made and the disqualification period,

ii

the offence for which it was imposed, and

iii

the reasons the offender seeks removal of the driving disqualification order.

3

The court administration officer must serve a copy of the application on the Director.

4

A hearing must be held to determine the application.

Information to be supplied on order for disqualification, etc.151C

1

This rule applies where the court—

a

disqualifies the offender from driving, or

b

suspends or removes a driving disqualification order.

2

The court administration officer must, as soon as reasonably practicable, serve on the Secretary of State notice that includes details of—

a

where paragraph (1)(a) applies—

i

the date on which the driving disqualification order was made and the disqualification period;

ii

the power exercised by the court;

b

where paragraph (1)(b) applies—

i

the date on which the driving disqualification order was made and the disqualification period;

ii

the date and terms of the order for its suspension or removal;

iii

the power exercised by the court;

iv

where the court suspends the disqualification pending appeal, the court to which the offender has appealed.