If your licence has been suspended, you should contact us for advice. It is a criminal offence to drive without a current, valid licence. Contact us for a free initial consultation.
RMS Licence Suspensions
License suspensions can be imposed by the Roads and Maritime Service (RMS). You cannot drive while your licence is suspended. The RMS will suspend a licence for certain serious traffic offences (like exceeding the speed limit by 45 km/h or more), the accumulation of demerit points or unpaid fines to the State Debt Recovery Office (SDRO).
Driving whilst disqualified, suspended, or without a licence, is a criminal offence under section 54 of the Road Transport Act 2013. The maximum penalty, in the case of a first offence, is a fine of $3,300 and/or 6 months imprisonment, with a automatic disqualification of 6 months and a mandatory minimum disqualification period of 3 months. The maximum penalty, in the case of a second or subsequent offence, is a fine of $5,500 and/or 12 months imprisonment, with and automatic disqualification of 12 months and a mandatory minimum disqualification period of 6 months.
Applications to remove disqualification periods
In October 2017 amendments made under the Road Transport Amendment (Driver Licence Disqualification) Act 2017 enabled for disqualified drivers within New South Wales to make an application to the Court to have these disqualification period removed or reduced.
In making this application numerous factors are involved. It is to be noted that you cannot apply for the removal of the disqualification period if you are convicted of these driving offences:
- Murder or manslaughter caused by the use of a motor vehicle
- An offence under the Crimes Act that caused the death, grievous bodily harm or wounding of a person by a motor vehicle
- Predatory Driving or Police Pursuits (under the Crimes Act)
- Negligent driving causing death or grievous bodily harm
- Intentional menacing driving
- Failing to stop and assist after impact causing death or grievous bodily harm
- If you have a ‘mandatory interlock order’ currently implemented against you this cannot be removed under these new changes.
This application to the Court also has an ‘offence free’ period that also needs to be satisfied. This all depends on the criminal and traffic record and past convictions of the driver. As always this is assessed on a case by case basis whereby drivers will have had to have to at least completed four or two years of their disqualification in order to commence this application.
Combining with this, is the Courts satisfaction that the safety of the public is not jeopardised in removing the remaining of the disqualification period.
As such, it is important to obtain legal advice if you seek to quash a disqualification, in order to maximise your chances of a good outcome at Court.
If you are seeking legal advice, contact us for a free initial consultation.