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Section 54 Road Transport Act 2013
Driving or Making Licence Applications while Disqualified or Licence Suspended or Cancelled

Section 54 of the Road Transport Act 2013 (NSW) is ‘Driving or Making Licence Applications while Disqualified or Licence Suspended or Cancelled’ and is extracted below.

If you require the services of a traffic defence team that specialises in representing clients for cases under the Road Transport Act, call Sydney Criminal Lawyers today on (02) 9261 8881 to arrange a consultation.

Our team is vastly experienced in advising and representing clients in traffic law cases, and will fight to ensure you achieve the optimal result in the circumstances.

We offer fixed fees for all traffic cases, and a free first conference for those who are going to court.

The Legislation

Section 54 of the Road Transport Act 2013 is Driving or Making Licence Applications while Disqualified or Licence Suspended or Cancelled and reads as follows:

Driving or making licence applications while disqualified or licence suspended or cancelled

(cf DL Act, s 25A (1)-(10))

(1) Driving or making licence application while disqualified 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, or

(ii) omit to mention the disqualification.

Maximum penalty: 30 penalty units or imprisonment for 6 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).

(2) Subsection (1) does not apply to a driver of a motor vehicle in relation to a period of disqualification the commencement and completion dates of which have been altered by operation of section 206 unless the Authority has given written notice of the altered dates to the driver before the driver is alleged to have driven the vehicle.

Note : Section 276 (and statutory rules made for the purposes of that section) provide for the service and giving of documents to persons under the road transport legislation, which includes this Act.

(3) Driving or making licence application while licence suspended (other than for non-payment of fine) A person whose driver licence is suspended (otherwise than under section 66 of the Fines Act 1996 ) must not:

(a) drive on a road a motor vehicle of the class to which the suspended driver licence relates, or

(b) make an application for a driver licence during the period of suspension for a motor vehicle of the class to which the suspended driver licence relates and in respect of such an application:

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

(ii) omit to mention the suspension.

Maximum penalty: 30 penalty units or imprisonment for 6 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).

(4) Driving or making licence application after licence refusal or cancellation (other than for non-payment of fine) A person whose application for a driver licence is refused or whose driver licence is cancelled (otherwise than under section 66 of the

Fines Act 1996 ) must not:

(a) drive on a road a motor vehicle of the class to which the cancelled licence or the refused application related without having subsequently obtained a driver licence for a motor vehicle of that class, or

(b) make an application for a driver licence for a motor vehicle of the class to which the cancelled licence or the refused application related and in respect of the application:

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

(ii) omit to mention the cancellation or refusal.

Maximum penalty: 30 penalty units or imprisonment for 6 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).

(5) Driving or making licence application after licence cancelled or suspended for non-payment of fine A person whose driver licence is suspended or cancelled under section 66 of the Fines Act 1996 must not:

(a) in the case of a suspended driver licence:

(i) drive on a road a motor vehicle of the class to which the suspended licence relates, or

(ii) make an application for a driver licence during the period of suspension for a motor vehicle of the class to which the suspended driver licence relates and in respect of such an application state the person’s name falsely or incorrectly or omit to mention the suspension, or

(b) in the case of a cancelled driver licence:

(i) drive on a road a motor vehicle of the class to which the cancelled licence related without having subsequently obtained a driver licence for a motor vehicle of that class, or

(ii) make an application for a driver licence for a motor vehicle of the class to which the cancelled licence related and in respect of the application state the person’s name falsely or incorrectly or omit to mention the cancellation.

The penalties

Maximum penalty: 30 penalty units (in the case of a first offence) or 50 penalty units or imprisonment for 6 months or both (in the case of a second or subsequent offence).

(6) In determining any penalty or period of disqualification to be imposed on a person for an offence against subsection (5), a court must take into account the effect the penalty or period of disqualification will have on the person’s employment and the person’s ability to pay the outstanding fine that caused the person’s driver licence to be suspended or cancelled.

(7) No need to state previous licence cancellation or refusal in certain cases For the purposes of subsection (4) (b) or (5) (b) (ii), a person who applies for a driver licence for a class of motor vehicle need not mention a previous cancellation of a driver licence (or refusal of an application for a driver licence) for that class of motor vehicle if the person has obtained a driver licence after any such cancellation or refusal by means of an application that stated the person’s name correctly and mentioned the cancellation or refusal.

(11) Offences extend to disqualifications, suspensions and cancellations by court order or under law Subsections (1), (3) and (4) apply to a person who is disqualified from holding a licence, or whose licence is suspended or cancelled, by a court in Australia or under any law in this jurisdiction or another jurisdiction.

(12) Statutory rules may exclude driving of certain motor vehicles Subsections (1), (4) (a) and (5) (b) (i) do not apply to the driving of a motor vehicle in circumstances prescribed by the statutory rules.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex traffic matters – so you can rest assured that you are in safe hands.

Our traffic law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the traffic law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on (02) 9261 8881 and book your FREE first conference with our traffic law specialists.


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