If you have driven without a valid driver’s licence you may be charged with driving whilst suspended, disqualified, cancelled or unlicensed. An example of this is if you don’t hold a driver’s licence and police pull you over.

Section 53 of the Road Transport Act 2013 states that a person must not, unless exempted by the statutory rules drive a motor vehicle on any road without being licensed for that purpose, or employ or permit any person not so licensed to drive a motor vehicle on any road.

Section 54 Road Transport Act 2013, states a person who is disqualified from holding or obtaining a driver licence must not drive a motor vehicle on a road during the period of disqualification, or make an application for a driver licence during the period of disqualification and in respect of the application–state the person’s name falsely or incorrectly, or omit to mention the disqualification.

· Drive while unlicensed/never licensed – s 53 Road Transport Act 2013 (NSW)
· Drive while suspended, disqualified, cancelled or refused – s 54 Road Transport Act 2013 (NSW)

Drive Whilst Cancelled

The offence of driving while cancelled is committed when a person drives on a public road after Transport for NSW has cancelled their driver’s licence. The penalty a person receives for this offence will depend on whether it is their first or second or subsequent offence of this nature within a five-year period. A person may be fined up to $3300, imprisoned for up to 12 months and disqualified from driving for up to 12 months.

Drive Whilst Disqualified

The offence of driving while disqualified occurs when a person drives on a public road after their license has been disqualified by a court. For a first offence of driving while disqualifies, a person faces a fine of up to $3300 and imprisonment for up to six months. For a second or subsequent offence, a person can be fined up to $5,500 and jailed for up to one year.

Drive Whilst Suspended

The offence of driving while suspended occurs when a person drives on a public road after Transport for NSW has suspended their licence. A person can be fined up to $3300 for this offence jailed for up to six months for a first offence or up to 12 months for a second or subsequent offence.

The defence of honest and reasonable mistake of fact is open to a person charged with this offence. This defence will succeed if the person can show that they were unaware that their licence had been suspended.

Driving without a valid licence can result in harsh penalties that affect your ability to work, travel and obtain a licence in the future.
Our expert defence team is highly experienced in fighting and winning serious driving matters and can give you the advice and representation necessary to secure a positive outcome in your case.