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. 

 

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