Charges
Drive whilst suspended or disqualified
Road Transport Act 2013 (NSW) s 54
What is the maximum penalty for drive while disqualified or suspended in NSW?
Maximum penalty. For s 54(1), s 54(3) and s 54(4): 30 penalty units or imprisonment for 6 months or both (first offence), or 50 penalty units or imprisonment for 12 months or both (second or subsequent offence). For s 54(5), where the suspension or cancellation arose under the Fines Act: 30 penalty units (first offence), or 50 penalty units or imprisonment for 6 months or both (second or subsequent offence). The Judicial Commission Local Court Bench Book states first offence $3,300 and 6 months imprisonment, second offence $5,500 and 12 months.
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
This offence covers driving on a road while disqualified by a court, or while your licence is suspended, cancelled, or your licence application has been refused. It also covers applying for a licence during that period while giving a false name or failing to disclose the disqualification or suspension. The penalty is lower where the suspension or cancellation arose only from unpaid fines under the Fines Act, and the court must then consider the effect of the penalty on the person's employment and ability to pay the outstanding fine.
How it is dealt with
Summarily. Road Transport Act 2013 s 200(1): proceedings for an offence against the road transport legislation are to be dealt with summarily before the Local Court or the Supreme Court in its summary jurisdiction.
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
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