Driving or making licence application after licence cancelled for non-payment of fine (Fines Act cancellation)

Offence title:

Driving or making licence application after licence cancelled for non-payment of fine (Fines Act cancellation)

Act:

s.54(5) Road Transport Act (NSW)

Offence:

(5)   A person whose driver licence is cancelled under section 66 of the Fines Act 1996 must not—

1. in the case of a cancelled driver licence—
   1.  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
   2.   make an application for a licence during the suspension period and in doing so falsely state the person’s name or incorrectly omit the suspension,
2.  in the case of a cancelled driver,
   1.  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
   2.  make an application for a licence during the suspension period and in doing so falsely state the person’s name or incorrectly omit the cancellation.

Penalty:

30 penalty units for a first offence

50 penalty units or imprisonment for 6 months, or both, for a second or subsequent offence

Disqualification:

For a first offence – for between 1 months and life. Default disqualification of 3 months.

For a second offence – between 3 months and life. Default disqualification of 12 months

Summary/Indictable/mixed:

Summary

Jurisdiction:

Local Court

How committed:

Driving a motor vehicle whilst cancellled for non-payment of fines.

Important note:

A person is cancelled if the Roads and Maritime Service has ordered that their drivers’ licence is permanently cancelled.

The court must take into account the effect the penalty or period of disqualification will have on the persons employment and their ability to pay the outstanding fine.