At Hamilton Janke Lawyers, we frequently assist clients facing the serious repercussions of driving with a disqualified licence. This blog post will demystify what it means to hold a disqualified licence in New South Wales, exploring the legal consequences, the process of licence disqualification, and strategies for reinstatement.
Whether you’re dealing with a current disqualification or seeking to avoid future penalties, understanding your rights and responsibilities is crucial.
What is a Disqualified Licence?
A disqualified licence is when a court decides to order a disqualification period, which details the time period during which you are not allowed to drive a vehicle as part of the sentence for specific traffic-related driving offences.
What is the Difference Between a Suspended and Disqualified Licence?
While both a licence suspension and a disqualified licence will result in a suspension period from driving, the main difference between the two is regarding who has the authority to enforce the penalty.
A licence disqualification is a conviction imposed only by the court once convicted of a traffic-related driving offence against road transport legislation and is heard by a Magistrate or Judge.
A licence suspension, however, can be imposed by either a notice in the mail that states the date on which you will lose your licence by the Transport for NSW or can also be imposed immediately or within 48 hours after you are charged with an offence or given a fine by a police officer as per section 224 of the Road Transport Act 2013.
How to Check If Your Licence is Disqualified?
You will be aware if you have been disqualified from driving as you will have a date to appear in court for being charged with a driving offence. If you are convicted or plead guilty, your driver’s licence will be subject to a disqualification period.
Alternatively, a disqualified licence will also not be shown on the Service NSW app where your digital driver’s licence is located.
Reasons for Disqualification
The maximum penalties are much higher if you are summoned to attend court. Currently, one penalty point equals $110.00.
Due to the severity and whether it is a first, second, or subsequent offence, the penalties imposed can also differ depending on whether you are heard in the magistrates court, district court, or supreme court.
Drink Driving
Low range, Special range and Novice range prescribed concentration of alcohol
- First Offence: $2,200 and 6-month driver’s licence disqualification.
- Second or Subsequent Offence: $3,300 and an unlimited disqualification.
- First Offence: $2,200 and/or imprisonment for 9 months with an unlimited disqualification.
- Second or Subsequent Offence: $3,300 and/or imprisonment for 12 months with an unlimited disqualification period.
- First Offence: $3,300 and/or imprisonment for 18 months with an unlimited disqualification period.
- Second or Subsequent Offence: $5,500 and/or imprisonment for 2 years with an unlimited disqualification period.
Drug Driving
- Active THC (cannabis)
- Methylamphetamine (speed/ice)
- Methylenedioxymethamphetamine (MDMA or ecstasy)
- Cocaine
- Morphine (unless you can prove it’s for medical use)
Second or Subsequent Offences: $3,300 and an unlimited disqualification period.
Speeding by more than 45km/h
$2,200 and a minimum 6-month licence disqualification.
Heavy vehicle
$5,500 and a minimum 6-month licence disqualification
Negligent Driving
- First Offence: $2,200 and/or 9 months imprisonment with an unlimited disqualification period.
- Second or Subsequent Offences: $3,300 and/or 12 months imprisonment with an unlimited disqualification period.
Negligent Driving Occasioning Death
- First Offence: $3,300 and/or a term of imprisonment of 18 months with an unlimited disqualification period
- Second or Subsequent Offences: $5,500 and/or a term of imprisonment of 2 years with an unlimited disqualification period.
Street Racing
- First Offence: $3,300 with a 12-month disqualification period.
- Second or Subsequent Offences: $3,300 and/or 9 months imprisonment with a 12-month disqualification period.
Police Pursuit
- First Offence: 3 years imprisonment and an automatic licence disqualification of 3 years.
- Second or Subsequent Offences: 5 years imprisonment and an automatic licence disqualification of 5 years.
Repeated Driving Offences
If you are convicted of repeated driving offences, you may receive multiple disqualifications imposed by the court. The court will usually allow these cumulative disqualifications to run simultaneously. However, the court can order multiple disqualification periods to be run back to back.
Penalties for Driving with a Disqualified Licence
Driving whilst disqualified is an offence under section 54(1) of the Road Transport Act 2013.
The offence of driving whilst disqualified specifies that:
- A person must not drive a motor vehicle on a road (or a road-related area) for the period of disqualification and;
- A person must not make an application for a driver’s licence during the disqualification period and falsely state their name or fail to mention that their licence is disqualified.
Fines
- First Offence: 30 penalty units = $3,300.00, with an automatic disqualification period of at least 6 months; however, the court can reduce this to a minimum of 3 months if it has reason to do so.
- Second or Subsequent Offences: 50 penalty units = $5,500.00, with an automatic disqualification period of at least 12 months; however, the court can reduce this to a minimum of 6 months if it has reason to do so.
Imprisonment
- First Offence: The court can also impose a maximum term of imprisonment of 6 months.
- Second or Subsequent Offences: The court has the discretion to impose a maximum imprisonment term of 12 months.
Should you receive a term of imprisonment in addition to a licence disqualification, the disqualification period begins once you have been released from custody as per section 206A(3) of the Road Transport Act 2013.
Legal Assistance
If you have received a fine, you can either:
- Pay the fine in full before the due date, or
- Set up a payment plan to pay the fine.
How to Get Your Licence Back
- Not have committed any offence under ‘never eligible offence’.
- Not have committed any other driving offence during your ‘relevant offence-free period’.
In all cases, you must reapply for a driver’s licence to begin driving, whether your application is successful or not.
Appealing the Disqualification
To apply for a licence, you must first complete a ‘Driving record application for disqualification removal order’ to see whether you meet the eligibility requirements. If approved, you must then complete a form titled ‘Application to remove driver licence disqualification’ and lodge it at any Local Court.
Reapplying for a Driver's Licence
When the court orders a disqualification period, your licence is also cancelled. This means that once the disqualification ends, you will have to complete a licence application form and visit a Service NSW Centre to have your licence re-issued before you can begin driving again. If you fail to re-apply for a licence, you will be unlicensed and can be prosecuted for driving.
Key Takeaways
- In NSW, driving with a disqualified licence can result in severe penalties, including fines and imprisonment.
- Repeat offenders face harsher consequences, potentially including longer disqualification periods and imprisonment.
- NSW offers the Interlock Program, which requires offenders to install an alcohol interlock device to regain driving privileges.
- To appeal a licence disqualification, you must apply to the Local Court, demonstrating good character and the impact of disqualification.
- Legal advice is crucial to navigate the complexities of licence disqualification and appeal processes.
Looking for a Driving Offences Lawyer Who Can Help?
If you are being charged with a traffic offence in NSW, you must seek legal advice and legal representation. An experienced criminal defence and traffic lawyer will be able to advise you on how to proceed and assist you through every step of the process.
The team at Hamilton Janke Lawyers have been recognised for their expertise in traffic matters by Doyle’s Guide and can provide you with sound advice and rigorous representation. Contact our expert Criminal Defence and Traffic Lawyers now.
Written By
Drew Hamilton
Drew Hamilton is founding partner at Hamilton Janke Lawyers. Admitted to the Supreme Court of New South Wales as a Solicitor and also listed on the High Court of Australia register.
