Drive whilst suspended (Fines Act)
Road Transport Act 2013 (NSW) s 54(5)
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For advice about your matter, speak to Hanna Legal on (02) 9268 0444.
This page is sourced to the Act and section shown below and has been reviewed by Hanna Legal. It explains the law in general terms and does not tell you what to do in your own matter, and it does not create a lawyer–client relationship. Always confirm the current law and speak to Hanna Legal about your situation.
What it is, in plain English
A person whose driver licence is suspended or cancelled under section 66 of the Fines Act 1996 drives on a road a motor vehicle of the class to which the suspended licence relates.
What the police must prove (the elements)
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.
- Your driver licence was suspended or cancelled under section 66 of the Fines Act 1996 (non-payment of a fine)
- You drove on a road
- A motor vehicle of the class to which the suspended licence related
Which court & maximum penalty
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) — fine only, no imprisonment. Second or subsequent: 50 penalty units ($5,500) or 6 months imprisonment, or both. Automatic disqualification 3 months (minimum 1 month) for a first offence; 12 months (minimum 3 months) for a second or subsequent offence (s 205A). Before sentencing, the court must consider the effect of a disqualification on your employment and on your ability to pay the outstanding fine (s 54(6)).
Time limits
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.
Read the law
Opens the official NSW legislation website. Court Pilot's summary is a guide only — confirm against the in-force text.