In NSW, it is an offence to drive a motor vehicle while your licence is suspended, cancelled, or disqualified. The penalty which a person may face is subject to whether the offence which they have committed is a first offence or a second or subsequent offence.
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.
It’s important to note that traffic laws can change over time, so it’s always recommended to seek legal advice to obtain the most accurate and up to date information regarding your situation.
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*This article correctly reflects the Laws of NSW as at 6th November 2023.
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