New South Wales Consolidated Acts

ROAD TRANSPORT (DRIVER LICENSING) ACT 1998 - SECT 25A

25A Offences committed by disqualified drivers or drivers whose licences are suspended or cancelled

(1) A person who is disqualified by or under any Act from holding or obtaining a driver licence must not:

(a) drive a motor vehicle on a road or road related area 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 state his or her name falsely or incorrectly or 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).

(1A) 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 188A of the Road Transport (General) Act 2005 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 239 of the Road Transport (General) Act 2005 (and regulations 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.

(2) A person whose driver licence is suspended (otherwise than under section 66 of the Fines Act 1996 ) must not:

(a) drive on a road or road related area 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 state his or her name falsely or incorrectly or 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).

(3) 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 or road related area 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 state his or her name falsely or incorrectly or 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).

(3A) 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 licence:

(i) drive on a road or road related area a motor vehicle of the class to which the suspended driver 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 his or her name falsely or incorrectly or omit to mention the suspension, or

(b) in the case of a cancelled licence:

(i) drive on a road or road related area 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 his or her 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).

(3B) In determining any penalty or period of disqualification to be imposed on a person for an offence under subsection (3A), 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.

(4) For the purposes of subsection (3) (b) or (3A) (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 his or her name correctly and mentioned the cancellation or refusal.

(5) Subsections (1), (3) (a) and (3A) (b) (i) do not apply to the driving of a motor vehicle in circumstances prescribed by the regulations.

(7) If a person is convicted by a court of an offence under subsection (1), (2), (3) (a) or (3A), 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 26 of the Road Transport (General) Act 1999 provides for the effect of a disqualification (whether or not by order of a court).

(8) The disqualification referred to in subsection (7) is in addition to any penalty imposed for the offence.

(9) Subsections (1)-(3) 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 State or another State or Territory.

(10) For the purposes of subsection (7), the "relevant disqualification period" is:

(a) in the case of a first offence under subsection (1), (2) or (3) (a)-12 months, or

(b) in the case of a first offence under subsection (3A)-3 months, or

(c) in the case of a second or subsequent offence-2 years.

(11) For the purposes of determining both the maximum penalty and the disqualification period for any offence under this section, an offence is a "second or subsequent offence" if:

(a) in relation to an offence under subsection (1), (2) or (3):

(i) it is the second or subsequent occasion on which the person is convicted of any offence under subsection (1), (2) or (3) within the period of 5 years immediately before the person is convicted of the offence, or

(ii) within the period of 5 years immediately before the person is convicted of the offence, the person was convicted of a major offence within the meaning of the Road Transport (General) Act 2005 , or

(iii) within the period of 5 years immediately before the person is convicted of the offence, the person was convicted of an offence under section 6 (1C) or 7A of the Traffic Act 1909 (as in force before its repeal), or

(iv) within the period of 5 years immediately before the person is convicted of the offence, the person was convicted of an offence under section 25 (2), or

(b) in relation to an offence under subsection (3A)-it is the second or subsequent occasion on which the person is convicted of an offence under subsection (3A) within the period of 5 years immediately before the person is convicted of the offence.