Drive whilst licence cancelled or application refused

A person whose driver licence has been cancelled (otherwise than under section 66 of the Fines Act 1996), or whose application for a driver licence has been refused, drives a motor vehicle on a road.

For a person to be found guilty, the prosecution must prove each of these beyond reasonable doubt. If even one cannot be proved, the charge should fail.

1. Your driver licence had been cancelled (otherwise than under section 66 of the Fines Act 1996), or your application for a driver licence had been refused
2. You drove a motor vehicle on a road
3. While the cancellation or refusal was in force

This is a summary offence — it is finalised in the NSW Local Court by a judge. There is no committal, no jury and no election to the District Court.

Maximum penalty: First offence: 30 penalty units ($3,300) or imprisonment for 6 months, or both. Second or subsequent: 50 penalty units ($5,500) or imprisonment for 12 months, or both. Automatic disqualification 6 months (minimum 3 months) for a first offence; 12 months (minimum 6 months) for a second or subsequent offence (s 205A).

Summary offences in NSW must generally be started (a court attendance notice issued) within 6 months of the alleged offence, unless the relevant law sets a different period (Criminal Procedure Act 1986 (NSW) s 179). Some offences have their own time limit, so this is a guide only.

Opens the official NSW legislation website. Court Pilot's summary is a guide only — confirm against the in-force text.