Driving Unlicenced– section 53(1)(a) of the Road Transport Act 2013:
It is an
offence under the Road
Transport Act 2013 to
drive without a Valid Licence. Maximum Fine you could
receive is $2,200 with a period of Licence
disqualification to be determined by the Court.
First offence- Driving While Disqualified, suspended or after licence refusal or cancellation– (section 54(1),
(3) or (4) of the Road Transport Act 2013:
A person’s driver’s licence
can be suspended for accumulation of demerit points etc. A person’s Driver licence will be disqualified by the Court if the court
convicts the person for an offence which carries a period of licence disqualification for offences such as Drink Driving
or Dangerous Driving Offences (and many more).
A person who
drives a motor vehicle whilst suspended or disqualified from holding a valid
driver’s licence will be guilty of an offence per the
Act. The maximum fine you could receive for driving whilst disqualified,
suspended or after licence refusal or cancellation is
a fine of $3,300 with either a default (or Automatic) period of
disqualification for 6 months or a minimum period of disqualification for 3
months. The maximum term of imprisonment is 6 months.
Second or
subsequent offence- Driving While Disqualified, suspended or after licence refusal or cancellation– (section 54(1), (3) or (4) of the Road Transport Act 2013:
Second or
subsequent offences are treated very seriously by the courts, and it could
result in fines up to $5,500 with the default (or Automatic) Disqualification
being 12 months with a minimum Disqualification period of 6 months and it could
even result with a Maximum Term of Imprisonment of up to 12 months.
First
Offence- Driving after licence suspended or cancelled
for non-payment of Fine– Section 54(5) of the Road Transport Act:
If you have
not paid fine(s) owing due to an infringement notice or even due to a
court-imposed penalty, Revenue NSW has the authority to cancel or suspend your
driver’s licence. If a person drives a motor vehicle
whilst their licence is suspended or cancelled for
non-payment of fine(s), the maximum fine for this offence is $3,300, the
automatic disqualification is 3 months, and the minimum period of
disqualification of a driver’s licence is 1
month.
Second or
subsequent Offence- Driving after licence suspended
or cancelled for non-payment of Fine– Section 54(5) of the Road Transport Act:
If a person
drives a motor vehicle whilst their licence is
suspended or cancelled for non-payment of fine(s) and if it is the second (or
subsequent offence), the maximum fine for this offence is $5,500, the automatic
disqualification is 12 months, and the minimum period of disqualification of a
driver’s licence is 3 months. The maximum term of
imprisonment is 6 months.
It is very important that you speak with a lawyer so that you can
get the appropriate legal advice which you require prior to going to court.
Our team
of experienced solicitors are there for you and can help you answer all your
questions, so be sure to contact
Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 28th February 2023.
*Please note that
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