What happens if your licence is suspended? Can a driver in New South Wales apply for a ‘work licence’ if their licence is suspended or disqualified? In our latest article published in the District Reporter, we discuss this in detail.
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Can a driver in New South Wales apply for a ‘work licence’ if their licence is suspended or disqualified?
The short answer to the above question is no.
New South Wales does not allow for either a ‘work licence’ or in fact, any form of licence with restrictions of this nature. Despite this fact, it is a common misconception that these licences can be granted.
The Road and Maritime Services has two main ways of dealing with driving offences – fines and licence suspensions.
It is possible to appeal these decisions in a local court. By lodging an appeal the driver’s licence suspension is put on hold until the matter has been determined by the court. If the court might uphold the matter, uphold the appeal, dismiss it fully or dismiss it in part – that is substitute a lesser period for the suspension.
There are similar provisions in relation to demerit point accumulation particularly for P plate drivers. For a P driver, even a minor offence for which they are liable, carries a risk of a demerit point suspension, however, this can also be appealed and clearly needs to be heard in court. If, however, the offence is one of those relating to excessive speed offences or ‘P’ plate demerit matters there is a strict time limit in which to lodge these local court appeals and this period cannot be extended.
For other suspensions for unrestricted drivers, the only option is for the driver to either ‘sit out the period’ of the suspension, or apply for a ‘good behaviour licence’ (which is not a work licence). There is no procedure for a court review of these matters.
For more serious matters, in particular, offences such as drive with suspended licence or drive whilst disqualified, if the matter is proved the court must disqualify the driver for a minimum period of 12 months for a first offence. These offences are criminal matters which are dealt with under the Crimes Act. Therefore, they are extremely serious and can result in the recording of a criminal conviction and/or the imposition of a gaol term.
There are more serious penalties again for persons who drive under the influence of drugs or alcohol when they are suspended or disqualified. Further disqualification periods are imposed, and a first time offence incurs a fine in the vicinity of $3,300.00, with subsequent offences attracting maximum fines of $5,500.00. The disqualification period starts at 12 months for a first offence and can go up to life in some matters.
Traffic Law can be complex. Knowledge is power.
