Criminal Law

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Drive whilst disqualified is an offence pursuant to section 54(1) Road Transport Act 2013.

A person who is disqualified from holding or obtaining a driver licence must not:

(a) Drive a motor vehicle on a road during the period of disqualification; or

(b) make an application for a driver licence during the period of disqualification and in respect of the application:

(i) state the person’s name falsely or incorrectly;

(ii) omit to mention the disqualification.

The maximum penalty in the case of a first offence is 30 penalty units ($3,300) or imprisonment for 18 months or both, in the case of a first offence. The minimum disqualification period is 12 months for a first offence.

The maximum penalty in the case of a second or subsequent offence is 50 penalty units ($5,500) or imprisonment for 2 years of both. The minimum disqualification period is 2 years for a second or subsequent offence.

The maximum disqualification a court may impose is unlimited.

If a person is convicted by a court for driving whilst disqualified pursuant to section 54(1) Road Transport Act, is person is disqualified from holding a driver licence for the relevant disqualification period from the date of expiration of the existing disqualification or from the date of such conviction, whichever is the later. The person may also be disqualified for such additional period as the court may order.

If, as a consequence of being convicted of an offence by a court, a person is disqualified under the road transport legislation, whether or not by order of the court, from holding a driver licence, the disqualification operates to cancel, permanently, any driver licence held by the person at the time of the person’s disqualification.

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