New South Wales Consolidated Acts

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ROAD TRANSPORT ACT 2013 - SECT 54

Offences by disqualified drivers or drivers whose licences are suspended or cancelled

54 Offences by disqualified drivers or drivers whose licences are suspended or cancelled

(cf DL Act, s 25A (1)-(10))

(1) Driving or making licence application while disqualified A person who is disqualified from holding or obtaining a driver licence must not:
(a) drive a motor vehicle on a road during the period of disqualification, or
(b) make an application for a driver licence during the period of disqualification and in respect of the application:
(i) state the person’s name falsely or incorrectly, or
(ii) omit to mention the disqualification.
Maximum penalty: 30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).
(2) Subsection (1) does not apply to a driver of a motor vehicle in relation to a period of disqualification the commencement and completion dates of which have been altered by operation of section 206 unless the Authority has given written notice of the altered dates to the driver before the driver is alleged to have driven the vehicle.
Note : Section 276 (and statutory rules made for the purposes of that section) provide for the service and giving of documents to persons under the road transport legislation, which includes this Act.
(3) Driving or making licence application while licence suspended (other than for non-payment of fine) A person whose driver licence is suspended (otherwise than under section 66 of the Fines Act 1996 ) must not:
(a) drive on a road a motor vehicle of the class to which the suspended driver licence relates, or
(b) make an application for a driver licence during the period of suspension for a motor vehicle of the class to which the suspended driver licence relates and in respect of such an application:
(i) state the person’s name falsely or incorrectly, or
(ii) omit to mention the suspension.
Maximum penalty: 30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).
(4) Driving or making licence application after licence refusal or cancellation (other than for non-payment of fine) A person whose application for a driver licence is refused or whose driver licence is cancelled (otherwise than under section 66 of the Fines Act 1996 ) must not:
(a) drive on a road a motor vehicle of the class to which the cancelled licence or the refused application related without having subsequently obtained a driver licence for a motor vehicle of that class, or
(b) make an application for a driver licence for a motor vehicle of the class to which the cancelled licence or the refused application related and in respect of the application:
(i) state the person’s name falsely or incorrectly, or
(ii) omit to mention the cancellation or refusal.
Maximum penalty: 30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).
(5) Driving or making licence application after licence cancelled or suspended for non-payment of fine A person whose driver licence is suspended or cancelled under section 66 of the Fines Act 1996 must not:
(a) in the case of a suspended driver licence:
(i) drive on a road a motor vehicle of the class to which the suspended licence relates, or
(ii) make an application for a driver licence during the period of suspension for a motor vehicle of the class to which the suspended driver licence relates and in respect of such an application state the person’s name falsely or incorrectly or omit to mention the suspension, or
(b) in the case of a cancelled driver licence:
(i) drive on a road a motor vehicle of the class to which the cancelled licence related without having subsequently obtained a driver licence for a motor vehicle of that class, or
(ii) make an application for a driver licence for a motor vehicle of the class to which the cancelled licence related and in respect of the application state the person’s name falsely or incorrectly or omit to mention the cancellation.
Maximum penalty: 30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).
(6) In determining any penalty or period of disqualification to be imposed on a person for an offence against subsection (5), a court must take into account the effect the penalty or period of disqualification will have on the person’s employment and the person’s ability to pay the outstanding fine that caused the person’s driver licence to be suspended or cancelled.
(7) No need to state previous licence cancellation or refusal in certain cases For the purposes of subsection (4) (b) or (5) (b) (ii), a person who applies for a driver licence for a class of motor vehicle need not mention a previous cancellation of a driver licence (or refusal of an application for a driver licence) for that class of motor vehicle if the person has obtained a driver licence after any such cancellation or refusal by means of an application that stated the person’s name correctly and mentioned the cancellation or refusal.
(8) Automatic disqualifications apply for certain offences If a person is convicted by a court of an offence against subsection (1), (3), (4) (a) or (5), the person:
(a) is disqualified by the conviction (and without any specific order) for the relevant disqualification period from the date of expiration of the existing disqualification or suspension or from the date of such conviction, whichever is the later, from holding a driver licence, and
(b) may also be disqualified, for such additional period as the court may order, from holding a driver licence.
Note : Section 207 provides for the effect of a disqualification (whether or not by order of a court).
(9) For the purposes of subsection (8), the
"relevant disqualification period" is:
(a) in the case of a first offence against subsection (1), (3) or (4) (a)-12 months, or
(b) in the case of a first offence against subsection (5)-3 months, or
(c) in the case of a second or subsequent offence-2 years.
(10) The disqualification referred to in subsection (8) is in addition to any penalty imposed for the offence.
(11) Offences extend to disqualifications, suspensions and cancellations by court order or under law Subsections (1), (3) and (4) apply to a person who is disqualified from holding a licence, or whose licence is suspended or cancelled, by a court in Australia or under any law in this jurisdiction or another jurisdiction.
(12) Statutory rules may exclude driving of certain motor vehicles Subsections (1), (4) (a) and (5) (b) (i) do not apply to the driving of a motor vehicle in circumstances prescribed by the statutory rules.



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