TRAFFIC LAW

If you have a problem about traffic law, please consult one of our fact sheets or follow our helpful links. 

 Disqualification, Suspension & Cancellation

This fact sheet was correct on the day of authorship being 28 October 2009

This fact sheet is designed to help differentiate between the various licensing suspension that are available to the authorities.

Suspension

The police, the courts and the RTA all have power to suspend drivers licences.

The police will usually automatically susend the licence of a person commiting any of the following offences:

• Exceeding the speed limit by 45km/h or more

• Exceeding the speed limit by more that 30 km/h while on a Learner Permit or Provision Licence

• High range and Mid range PCA offences

• Any driving offence causing death or grevious bodily harm

• Street or Drag racing or other 'hoon' offences

The police may suspend a licence on the roadside where the offender is caught or they may chose to suspend the licence anytime up to 48 hours after the offence has been committed. The police suspension stays in place until the matter is subject to an order of the court. If the court orders a disqualification period in the matter then the period served during suspension may be taken into account thus lowers the disqualification period.

The RTA will suspend licences when sufficient demerit points accumulate on a drivers licence or they may apply for a suspension following the payment of a penalty notice for a camera-detected speeding fine if suspension is applicable in that matter. There are no internal appeal avenues available for for an RTA suspension however an appeal may be lodged at the local court within 28 days of receiving the suspension notice.

You cannot drive whilst suspended. Driving whilst suspended is an offence. The maximum penalties are listed below:

Drive Whilst Suspended	Fine	Imprisonment	Disqualification
First Offence	$3300	18mnth	12mnths
Second Offence within 5 years	$5500	2 years	2 years

Once the period of suspension is complete the suspended driver will be allowed to drive again, he does not need to obtain a new licence from the RTA.

Disqualification

Disqualification periods are ordered by the Courts. Usually disqualification periods occur automatically as a result of a recording of conviction. That is to say that a plea of guilty to a driving offence which carries a disqualifiaction period will almost certainly result in an order disqualifying the offender from holding a licence. Some of the offences which the courts disqualify drivers for are listed below:

• All PCA offences

• Driving while under the influence of a drug or intoxicating liquor

• Drive whilst suspended, disqualified or cancelled

• Driving recklessly, furiously or in a manner dangerous

• Exceeding speed limit by over 30km/h or speeding over 45km/h

• Failure to stop and render assistance

• A habitual traffic offender declaration

A driver cannot drive whilst disqualified. Driving whilst disqualified carries the maximum penalties that are listed below:

Drive Whilst Disqualified	Fine	Imprisonment	Disqualification
First Offence	$3300	18mnth	12mnths
Second Offence within 5 years	$5500	2 years	2 years

Once an offender has served thier disqualification period the driver must attend the RTA to obtain a new licence. If the offender had previously a Learner's Permit or a Provisional Licence then the probationary periods for these licences restart, having been dormant during the time of the disqualification.

Any driver who has been disqualifed for over 12 months must take the Driver's Knowledge touch screen test. Any driver who has been disqualified for over 2 years must retake both the Driver's Knowledge touch screen test as well as the practical Driver Test. Once these tests have been sucessfully coompleted the driver returns to the licence grade they held before the suspension. The offender is liable to pay all costs of the tests as well as the costs of the licences.

Cancellation

Cancellation occurs id a licence has lapsed for over 2 years, it can occur if the police confiscate your licence, it can also occur if  you surrended your licence. I operates pretty much the same way as disqualification.

You cannot drive whilst your licence is cancelled. The maximum penalties are listed below:

Drive Whilst Cancelled	Fine	Imprisonment	Disqualification
First Offence	$3300	18mnth	12mnths
Second Offence within 5 years	$5500	2 years	2 years

The one thing that suspension and cancellation have in common is that both can be done by the RTA. If an offender was caught driving whilst cancelled or suspended he could argue that there was an honest mistake of fact if he had not been duly notified of his suspension or cancellation. This does not work as easily for disqualification as it is an order of the Court.

 

 

 

 

 

These factsheets are provided for the purpose of legal information. They should not be used as a substitute for legal advice. Should you have a specific legal problem, please seek legal advice from a qualified practitioner. The factsheets are correct at the day of their authorship, the author cannot warrant their accuracy past that day. The author cannot be liable for any inaccuracies caused by changes in legislation, common law or policy. The factsheets have been authored with a view as to the law of New South Wales, Australia. These factsheet do not apply to other jurisdictions unless expressly stated.