Drive while suspended, disqualified or cancelled

In New South Wales, driving while suspended, disqualified, or cancelled is a criminal offence under the Road Transport Act 2013 (NSW). It refers to the act of operating a motor vehicle on a public road while your driver licence has been:

• Suspended – temporarily withdrawn by Transport for NSW due to reasons such as unpaid fines, medical issues, or demerit points
• Disqualified – prohibited by a court order, often following a traffic offence such as drink driving
• Cancelled – permanently terminated by Transport for NSW or the courts, requiring re-application if eligible in future

These offences are treated seriously by the courts, as they reflect a disregard for legal driving restrictions. Penalties can include fines, licence disqualification, and even imprisonment, particularly for repeat offences.

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To secure a conviction for Drive While Suspended, Disqualified or Cancelled in NSW, the prosecution must prove each of the following elements beyond reasonable doubt:

• The accused was driving a motor vehicle – That you were operating or in control of a vehicle on a road or road-related area
• The driving took place on a public road or road-related area – Not on private property
• At the time of driving, your licence was suspended, disqualified, or cancelled – That your authority to drive had been legally withdrawn by Transport for NSW or the courts
• You were aware, or should reasonably have been aware, of the suspension, disqualification, or cancellation – While actual knowledge is not strictly necessary for conviction, courts will consider whether a reasonable person in your position would have known about the status of their licence (e.g., through prior correspondence or court notices)

If any one of these elements is not proven, the charge must be dismissed.

There are some possible defences to a charge of driving while suspended, disqualified or cancelled in NSW:

1. You Did Not Drive the Vehicle‍

If you were not the person driving at the time, or there is mistaken identity, you may raise this defence. The prosecution must prove that you were the driver

2. You Were Not on a Public Road‍

The offence only applies if you were driving on a public road or road-related area. Driving on private property (e.g., a farm or driveway) may not constitute an offence under the law

3. You Were Not Aware of the Licence Suspension, Cancellation or Disqualification‍

In some cases, you may be able to argue that you were not notified or were unaware your licence had been suspended, cancelled, or disqualified. For example:

• You never received the notice
• There was a clerical or administrative error
• The notice was sent to the wrong address

However, the court will also consider whether a reasonable person in your circumstances would have known about the change in licence status

4. Honest and Reasonable Mistake of Fact‍

You may raise a defence of honest and reasonable mistake if:

• You genuinely believed your licence was valid, and
• That belief was reasonable in the circumstances (e.g., you paid a fine and believed your suspension was lifted)

5. Duress or Necessity‍

If you were forced to drive due to a threat (duress) or to prevent serious harm (necessity), this may be a legal excuse. For example:

• Driving someone to hospital in a medical emergency
• Escaping a violent situation

For a first-time offender:

For a second or subsequent offence (within 5 years):

However, it is important to note:

• The court must disqualify you from driving unless it dismisses the matter without conviction (e.g., under Section 10 of the Crimes (Sentencing Procedure) Act 1999)
• Imprisonment is more likely for repeat offenders or where there are aggravating factors (e.g., speeding, drink driving at the time)
• A conviction will also result in a criminal record