Driving while license or driving privilege is cancelled

It is a serious offence to drive while your licence is under court ordered disqualification or cancellation.The offence of drive whilst cancelled is committed by a person who drives a vehicle on a public road after their licence has been cancelled by the RTA.

The law prohibits driving with a cancelled licence. According to the Road Transport (Driver Licensing) Act 1998 Section 25A, a person whose license is cancelled is prohibited from:

• driving on a road or road related area a motor vehicle of the class to which the cancelled license related without having subsequently obtained a driver licence for a motor vehicle of that class, or
• making an application for a driver licence for a motor vehicle of the class to which the cancelled license relates and in respect of the application stated his or her name falsely or incorrectly or omitted to mention the cancellation.

The penalties imposed for driving while a licence is cancelled are $3,300 for the first offence and $5,500 for any further offences, the maximum prison term for a 1st offence is 18 months and 2 years for any further offences.

NSW takes driving offences very seriously and the penalties for driving while a licence is cancelled are to remind drivers that they are not only breaking a state law but they are also endangering the lives of other road users. If you have wrongfully been charged with driving while in possession of a cancelled license, then your only defence is by hiring a lawyer who will know how to defend a wrongful charge.

In determining the penalty or period of disqualification, the court will take into account the effect on the driver’s employment and whether he has the capability to pay the fines.

You should seek legal advice if you are charged with driving whilst disqualified.