Disqualification, Suspension & Cancellation:
Driving without a valid drivers’ licence is a common offence. In NSW, the Road Transport Act 2013 (NSW) identifies two offences. They are:
- Section 53 – Drive while unlicensed/never licensed; and
- Section 54 – Drive while suspended, disqualified, cancelled or refused.
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Driving without a valid licence can lead to harsh penalties. These will usually affect on your ability to continue to work and earn a living, your family and even your ability to obtain a licence in the future. It is important that you obtain the right legal advice to ensure that you get the best possible outcome, no matter what the offence may be.
Licence Suspension:
In NSW, the police and the RMS both have power to suspend your driver’s licences in NSW.
Police Suspension:
The police will usually automatically suspend your licence if you commit any of the following offences:
- Exceeding the speed limit by 45km/h or more
- Exceeding the speed limit by more than 30 km/h while on a Learner Permit or Provision Licence
- High range and Mid range PCA offences
- Any driving offence causing death or grievous bodily harm
- Street or Drag racing or other ‘hoon’ offences
The police may suspend your licence either at the time of the offence or anytime up to 48 hours after the offence has been committed. The police suspension usually stays in place until the matter is dealt with by Court.
RMS Suspension:
The RMS will suspend your licence when sufficient demerit points accumulate on your drivers’ licence or they may apply for a suspension following the payment of a penalty notice for a fine, if suspension is applicable in that matter.
An appeal may be lodged at the local Court within 28 days of receiving the suspension notice.
Drive While Suspended – Outcomes:
You cannot drive whilst suspended. Driving whilst suspended is an offence. The maximum penalties are listed below:
|
Drive Whilst Suspended
|
Fine | Imprisonment | Disqualification |
| First Offence | $3300 | 6 months | 6 months disqualification period (which
may be reduced by the Court to 3 months) |
| Second Offence within 5 years | $5500 | 12 months | 12 months disqualification period (which
may be reduced by the Court to 6 months) |
Can I keep my licence if I have driven whilst suspended?
Yes. A Magistrate has the discretion to impose a “no conviction.” This means that there will be no disqualification, fine or any other penalty.
Licence Disqualification:
Disqualification periods are ordered by the Courts. Usually disqualification periods occur automatically as a result of a recording of a conviction.
A plea of guilty in Court to a driving offence which carries a disqualification period may also result in an order disqualifying you from holding a licence.
Some of the offences which the Courts disqualify drivers for are:
- All Drink Driving offences
- Driving while under the influence of a drug or intoxicating liquor
- Drive whilst suspended, disqualified or cancelled
- Driving recklessly, furiously or in a manner dangerous
- Exceeding speed limit by over 30km/h or speeding over 45km/h
- Failure to stop and render assistance
A driver cannot drive whilst disqualified. Driving whilst disqualified carries the maximum penalties that are:
| Drive Whilst Disqualified | Fine | Imprisonment | Disqualification |
| First Offence | $3300 | 6 months | 6 months disqualification period (which
may be reduced by the Court to 3 months) |
| Second Offence within 5 years | $5500 | 12 months | 12 months disqualification period (which
may be reduced by the Court to 6 months) |
Once you have completed your disqualification period, you must go to the RMS to apply for a new licence.
If you previously held a NSW Learner’s Permit or a Provisional Licence then the probationary periods for these licences restart, having been dormant during the time of the disqualification.
Any driver who has been disqualified for over 12 months must take the Driver’s Knowledge touch screen test. Any driver who has been disqualified for over 2 years must retake both the Driver’s Knowledge touch screen test as well as the practical Driver Test.
Once these tests have been successfully completed the driver returns to the licence grade they held before the suspension. The offender is liable to pay all costs of the tests as well as the costs of the licences.
Can I keep my licence if I have driven whilst disqualified?
Yes. A Magistrate has the discretion to impose a “no conviction.” This means that there will be no disqualification, fine or any other penalty.
Licence Cancellation:
Cancellation occurs if a licence has lapsed for over 2 years. It can occur if the police confiscate your licence or if you surrender your licence.
If your licence is cancelled, you cannot drive. If you drive while your licence is cancelled, the maximum penalties are:
| Drive Whilst Cancelled | Fine | Imprisonment | Disqualification |
| First Offence | $3300 | 6 months | 6 months disqualification period (which
may be reduced by the Court to 3 months) |
| Second Offence within 5 years | $5500 | 12 months |
12 months disqualification period (which may be reduced by the Court to 6 months) |
Can I keep my licence if I have driven whilst cancelled?
Yes. A Magistrate has the discretion to impose a “no conviction.” This means that there will be no disqualification, fine or any other penalty.
How can Antwan Lawyers help me?
We are able to provide you with expert advice regarding your matter and how the Court is likely to deal with your matter. We are able to help you prepare your matter so that the Magistrate hearing your matter has all the relevant information and facts about your need for a licence and your character, when dealing with your matter. Talk to us about your case today.