The changes, which scrap NSW's habitual offenders program, allow people to apply to the courts to have remaining disqualification periods removed if they can prove they have not re-offended and need to drive for work. Research found the previous system failed to deter disqualified drivers from reoffending, and the lengthy disqualification periods actually encouraged drivers to drive without a licence. These sanctions had disproportionately affected rural and Indigenous communities, the NSW Attorney-General Mark Speakman said. He cited the example of a young apprentice from an area with no public transport who drove without a licence four times to get to work. He risked jail and the loss of his licence for the next 17 years. Under the old scheme, fines were applied cumulatively, meaning a five year offence would be added to another five year offence - and so on - effectively creating a lifetime ban for some offenders. People had been banned from driving because of the nonpayment of fines, even those unrelated to driving such as for failing to vote or fishing without a licence. If they were caught driving without a licence, some were jailed.

The second chance doesn't apply to anyone who was disqualified for serious driving offences, such as hit-and-run or intentional menacing driving. To address community concerns about unsafe repeat offenders, Mrs Pavey said the government was also reviewing the sentencing of recidivist traffic offenders. It was looking to best practice around the world on how to prevent dangerous drivers from hitting the roads again. The reforms reduced the penalties for driving without a licence, but increased penalties for more dangerous offences and gave police the right in some cases to confiscate number plates and impound vehicles. As many as 75 per cent of disqualified and suspended drivers continue to drive unlawfully. And about 12,000 people are charged every year with driving while their licence has been disqualified or suspended. It was the third most common offence in NSW courts, according to a 2015 report by the Bureau of Crime Statistics (BOSCAR).

In 2017, Roads and Maritime Services recorded 20,056 driving disqualifications. In the year to September 2017, 11,336 people were found guilty of a drink driving offence which carried an automatic licence disqualification. About 2500 were for high range offences. Already 2413 disqualified drivers have applied for a copy of their driving record - the first step in getting back on the road. Of those, 684 people had their disqualifications removed, leaving them free to apply for a driver's licence. Early data showed most were successful at passing the relevant road tests. Often people made silly mistakes in their wanton youth, said Mrs Pavey. That was the case for single mother Melinda Smith * who was disqualified after driving twice without a licence as a teenager. With Legal Aid NSW's help, the woman who lives in a remote country town convinced a magistrate to let her apply for a licence. Ms Smith needed to take a relative to hospital and get her son to school in the next town. Another Legal Aid client, Ian Brown*, who lives in outback NSW, was caught drunk driving several times. Without public transport, he continued to drive to get to work although he was disqualified. When he faced jail time, it was a "wake-up call," he said. He has not been behind the wheel of a car for a decade.

Roads minister Melinda Pavey has called for support for new reforms that allow reformed drivers to get their licences back. Credit:Kate Geraghty The reforms received bipartisan support in NSW Parliament last year. There has been public outrage over the case of Craig Whitall, 51, allegedley a serial traffic offender, who died in a crash on Boxing Day, which resulted in the deaths of four members of the Falkholt family. Mr Whitall's disqualification period had expired by the time of the fatal crash. The Pedestrian Council of Australia chairman Harold Scruby said NSW was too soft on repeat offenders. Many drivers have been convicted 25 to 60 times, and continued to drive in "contempt of the court".