You need a valid NSW licence to operate a motor vehicle. Driving without a valid licence, or whilst your licence is cancelled, suspended or disqualified is a serious offence for which there are significant penalties and periods of disqualification from driving. See section 53(1), section 53(3); or section 54 of the Road Transport Act 2013 NSW

 

THE LAW

Driving whilst disqualified

Driving whilst disqualified is an offence under section 54(1) of the Road Transport Act 2013 (NSW).

The offence of driving whilst disqualified covers:

those who drive a motor vehicle on a road or road related area whilst their licence is disqualified, and

those who make an application for a driver’s licence whilst their licence is disqualification and state their name falsely or fail to mention that their licence is disqualified

 

Driving whilst cancelled

Driving whilst cancelled is an offence under section 54(4) of the Road Transport Act 2013 (NSW). However, if your licence was cancelled due to non-payment of fines, you will be charged under section 54(5)(b) of the Road Transport Act 2013 (NSW).

The offence of driving whilst cancelled covers:

those who drive a motor vehicle on a road or road related area whilst their licence is cancelled, and

those who make an application for a driver’s licence whilst their licence is cancelled and state their name falsely or fail to mention that their licence is cancelled.

 

Driving whilst suspended

Driving whilst suspended is an offence under section 54(3) of the Road Transport Act 2013 (NSW). However, if your licence was suspended due to non-payment of fines, you will be charged under section 54(5)(a) of the Road Transport Act 2013 (NSW).

The offence of driving whilst suspended covers:

those who drive a motor vehicle on a road or road related area whilst their licence is suspended, and

those who make an application for a driver’s licence whilst their licence is suspended and state their name falsely or fail to mention that their licence is suspended.

 

Driving whilst Never licensed

The offence under section 53(3) Road Transport Act 2013 (NSW) states that a person has never been licensed in connection with an offence if the person has not held a driver licence of any kind in Australia for the period of at least 5 years immediately before the commission of the offence.

Driving with a cancelled or suspended licence under the Fines Act 1996 (NSW)

If you were driving with a suspended or cancelled licence under the fines act of 1996, the potential periods of disqualification are different for the first offence. Rather than a 12-month minimum disqualification, the minimum disqualification is only three months.

 

Maximum Penalties

Driving whilst disqualified, cancelled, suspended or refused

Penalty	First offence	Second or subsequent offence
Maximum court-imposed fine	$3300	$5500
Maximum prison term	6 months	12 months
Minimum disqualification	3 months	6 months
Default period of disqualification	6 months	12 months

 

Driving with a cancelled or suspended licence under the Fines Act 1996

Penalty	First offence	Second or subsequent offence
Maximum court-imposed fine	$3300	$5500
Minimum disqualification	1 month	3 months
Default period of disqualification	3 months	12 months

 

Never licensed

Penalty	First offence	Second or subsequent offence
Penalty Notice	$796	Not applicable
Maximum court-imposed fine	$2200	$3300
Maximum prison term	Not applicable	6 months
Minimum disqualification	Not applicable	3 months
Default period of disqualification	Not applicable	12 months

 

Defences

Some of the possible defences available for those charged with Driving whilst without a licence, or whilst your licence is cancelled, suspended or disqualified can include:

• The defence of honest and reasonable mistake of fact. You must give evidence that you were unaware at the time of driving that you were either cancelled, disqualified or suspended because you were not notified by the RMS (RTA). In order to successfully raise the defence, you have to prove that your belief that you were not cancelled or suspended was both honest and reasonably held.

There are three general components to this:

• The belief must be an honest belief (this is a subjective assessment)
• It must have been reasonable in the circumstances for the defendant to hold that belief (this is an objective assessment)
• The belief must relate to a mistake of fact and not law
• An example of an honest and reasonable mistaken belief for a charge or drive whilst disqualified may be if the defendant was unaware that a conviction was entered in their absence and they continued to drive even after their licence was disqualified by the court

 

Statistics

75% of offenders who drove while unlicensed for their first offence received a fine and disqualification. For the second or subsequent offence 88% of offenders received a fine and disqualification

73% of offenders who drove while never licensed for their first offence received a fine. For the second or subsequent offence 71% of offenders received a fine and disqualification

41% of offenders who drove while disqualified for their first offence received a fine and disqualification. For the second or subsequent offence 22% received a sentence of full time imprisonment

 

CHOICES AT LAW OPTIONS

For Driving disqualified, suspended or unlicenced, Rep-Revive Criminal Lawyers® offers the following options:

1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

•  We bring about excellent results

Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

• Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years. 

If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.