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Driving or making licence application while licence cancelled (other than for non-payment of fine)

Offence title:

Driving or making licence application while licence cancelled (other than for non-payment of fine)

Act:

s.54(3) Road Transport Act (NSW)

Offence:

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

  1. drive on a road a motor vehicle of the class to which the cancelled driver licence relates,
  2. make an application for a driver licence during the period of suspension, and in doing so:
    1.   falsely or incorrectly state their name, or
    2.    omit to mention the suspension.

 

Penalty:

30 penalty units or imprisonment for 6 months, or both, for a first offence

50 penalty units or imprisonment for 12 months, or both, for a second or subsequent offence

Disqualification:

For a first offence – for between 3 months and life. Default disqualification of 6 months

For a second offence – between 6 months and life. Default disqualification of 12 months

Summary/Indictable/mixed:

Summary

Jurisdiction:

Local Court

How committed:

Driving a motor vehicle whilst cancelled. This offence does not include an offence where you are suspended because of non-payment of fines

Important note:

A person is cancelled if a court has ordered that they are not permitted to drive for a certain period of time, that period of time has passed, and the person has not obtained a new driver licence

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