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97.12 Notice Of Application For Special Disqualification Order - Road Traffic Act 1961 Section 28(1)

This form is used to apply for a Special Disqualification Order under Section 28(1) of the Road Traffic Act 1961 in Ireland. It should be filed when seeking a court order to disqualify a person from driving due to road traffic offenses.

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Form Overview

97.12 Notice Of Application For Special Disqualification Order - Road Traffic Act 1961 Section 28(1)

This form is used to apply for a Special Disqualification Order under Section 28(1) of the Road Traffic Act 1961 in Ireland. It should be filed when seeking a court order to disqualify a person from driving due to road traffic offenses.

The form captures details about the person to be disqualified, the traffic offense(s) committed, and the reasons for seeking a special disqualification order beyond standard penalties.

Risk Radar

  • The most common mistake is not providing sufficient evidence to justify the special disqualification beyond standard penalties.
  • Incomplete form details may lead to delays in processing
  • Missing supporting documentation could weaken the application
  • Incorrect offense details might result in an inappropriate disqualification period
  • Filing after the sentencing deadline may prevent consideration of the application

Plain English

This form helps request a special court order that would prevent someone from driving in Ireland. It's typically used after serious road traffic incidents where the court needs to consider additional disqualification beyond standard penalties.

Submission Date

  • This form should be submitted before the sentencing hearing for the traffic offense. There is typically no fixed deadline beyond the court date, but early submission allows proper processing time.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use this form when seeking a disqualification order beyond standard penalties
  • Use when the court needs to consider special circumstances related to the offense
  • Use for applications under Section 28(1) specifically of the Road Traffic Act 1961
  • Do not use for standard disqualification orders covered by other sections
  • Do not use for disqualification applications in other countries

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Standard disqualification orderRoad Traffic Act 1961 Section 10Different legal basis and procedureCheck the specific section of the Act that applies to your case
Disqualification for drink drivingForm 97.11Specific to drink driving offensesVerify which form corresponds to the specific offense type
Disqualification for dangerous drivingForm 97.13Specific to dangerous driving offensesEnsure you're using the form matching the exact offense
Appeal against disqualificationForm 96.01Used for challenging existing disqualificationsThis is an application form, not an appeal
International driving disqualificationDifferent processInvolves different legal proceduresCheck if the disqualification needs to be recognized internationally

Deadline or filing window

This form should be submitted before the sentencing hearing for the traffic offense. There is typically no fixed deadline beyond the court date, but early submission allows proper processing time.

Before you submit

  • All sections of the form are completed
  • Personal details of the person to be disqualified are accurate
  • Details of the traffic offense are correctly specified
  • Supporting documentation is attached
  • Form is signed by the authorized person
  • Form is submitted to the correct court office

How to file this form

  1. 1Obtain the correct form 97.12 from the Courts Service
  2. 2Complete all sections with accurate information
  3. 3Gather supporting documentation related to the offense
  4. 4Submit the completed form to the relevant court office
  5. 5Attend the court hearing as scheduled
  6. 6Follow up with the court if you haven't received confirmation

Known limitations

  • This form only applies to disqualification under Section 28(1) of the Road Traffic Act 1961
  • The form cannot be used for disqualification in other countries
  • Special disqualification requires specific circumstances beyond standard penalties
  • The court has discretion to approve or reject the application
  • Additional penalties may still apply beyond disqualification

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Current Form Status

This form is current as of the latest Courts Service records. No recent changes have been confirmed, but always verify with the Courts Service for the most up-to-date version.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify the form number matches the current version (97.12)
  • Check that all references to the Road Traffic Act 1961 are current
  • Confirm the court address details are up to date
  • Ensure any contact information for the Courts Service is current
  • Check if recent amendments to Section 28(1) affect this form

Quick Facts

This form is typically filed by the Courts Service or legal representatives on behalf of the state when applying for a special disqualification order against a driver.
The form captures details about the person to be disqualified, the traffic offense(s) committed, and the reasons for seeking a special disqualification order beyond standard penalties.
This form should be submitted when applying for a Special Disqualification Order, typically after a person has been convicted of a serious road traffic offense but before sentencing.
The form should be filed with the relevant court office in Ireland, either in person at the courthouse or through legal representatives. Online submission options may be available through the Courts Service portal.
Submitting correctly ensures the court has all necessary information to consider the special disqualification application. Errors or delays could result in the application being rejected or postponed, potentially affecting public safety.
Complete all sections with accurate details about the offense and the person involved. Attach any relevant supporting documents like conviction details or police reports. Submit the completed form to the appropriate court office before the sentencing hearing.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

97.12 Notice Of Application For Special Disqualification Order - Road Traffic Act 1961 Section 28(1)

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After you file

  • Keep a copy of the submitted form for your records
  • Attend any required court hearings
  • Monitor court decisions regarding the application
  • Comply with any disqualification order if granted
  • Seek legal advice if the application is unsuccessful

Source and verification log

  • Form number: 97.12 confirmed from Courts Service
  • Issuing agency: Courts Service of Ireland confirmed
  • Legal basis: Road Traffic Act 1961 Section 28(1) confirmed
  • Purpose: Special Disqualification Order application confirmed
  • Submission process details not confirmed in official source
  • Specific supporting documentation requirements not confirmed in official source
  • Current form version status not confirmed in official source

Common confusion points

7 things to watch for

  • 1

    Confusing this form with standard disqualification application forms

  • 2

    Not understanding the difference between special and standard disqualification

  • 3

    Uncertainty about which section of the Road Traffic Act applies

  • 4

    Misunderstanding who can submit this form

  • 5

    Confusion about the timing of submission relative to court proceedings

  • 6

    Not knowing what supporting evidence is required

  • 7

    Uncertainty about the consequences of a special disqualification order

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