In NSW
the main piece of Legislation is the Road Transport Act, and this
Legislation governs traffic related offences. Other Acts pertaining to Traffic
law in NSW include ‘Road Transport (General) Regulation 2013’, ‘Road
Transport (Driving Licencing) Regulation 2008’, ‘Road Transport
(Vehicle Registration) Regulation 2007’ as well as the ‘Road Rules
2008.’
Some of
the most serious traffic offences which people commit in NSW include:
1.
Driving Whilst
Disqualified
2.
Exceed
Speed
3.
Driving
Whilst suspended
4.
Reckless
Driving
5.
Drag Racing
6.
Driving
Unregistered vehicle
7.
Negligent
Driving
If you
are convicted of a driving related offence, then the court can disqualify you
from driving. For example, if you are convicted of ‘Driving Whilst
Suspended- 1st offence’ then the court can disqualify you from
driving for up to 3 months.
Driving whilst Suspended, Driving Whilst
Disqualified/ Unlicenced in NSW.
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.
*This article
correctly reflects the Laws of NSW as at 20th
May 2022.
*It should be
noted that this page or any other pages on our website (including any other
social media platforms for Nicopoulos Sabbagh Lawyers) are not to
be considered as a substitute for legal advice or even other professional
advice. It should also be noted that accessing of this information from this
website does not create a client-lawyer
relationship.