From 1 March 2022, there will be new immediate disqualification laws for drink and/or drug driving offences, excessive speeding offences and serious motor vehicle offences where a motor vehicle is used as a weapon in the commission of the offence.
Disqualification Removal
An offence that caused death, grievous bodily harm or wounding by a motor vehicle (under the Crimes Act 1900) Predatory Driving or Police Pursuit (under the Crimes Act 1900) Negligent driving causing death or grievous bodily harm. Intentional menacing driving.
A disqualifying offence is any offence against a law of the Commonwealth where the penalty for the offence is imprisonment for two years or more. A disqualifying office is an offence against Part II, Division 1 of the Misuse of Drugs Act.
A suspension is different to a disqualification. A suspension can only be imposed by the Police or TfNSW, but a disqualification is imposed by the court. You may be disqualified if you are convicted by a court of a serious driving offence.
If your licence has been disqualified, it means your licence has been cancelled. A disqualified licence is usually ordered following subsequent offence/s. You will be prohibited from driving for a certain period of time until your disqualification period has ended.
The accumulation of penalty points acts as a warning to drivers and motorcyclists that they risk disqualification if further offences are committed. A driver or motorcyclist who accumulates 12 or more penalty points within a 3-year period MUST be disqualified.
You can be disqualified from driving if you already have 12 or more points on your driving licence and your ban could last: Six months, if you receive 12 or more points within three years. 12 months, if you get a second disqualification within three years.
How will I be caught driving while disqualified? The police have something called an Automatic Vehicle Registration Recognition system fitted to their cars. They can run checks on every single vehicle on the roads, using the registration plate to confirm whether the vehicle is taxed, MOT'd and insured.
You cannot drive until your disqualification period has ended. Once the ban has come to an end you may be able to drive, even if your physical licence has not yet arrived. However, this is only allowed if the DLVA has accepted your application and there are no medical reasons that prevent you from driving.
What is the penalty for driving whilst disqualified? For driving whilst disqualified you may receive a prison sentence of up to 6 months imprisonment. For a lesser sentence you may receive a community service curfew order.
How long does a driving disqualification stay on your licence? Depending on the severity of the incident, a disqualification will remain on your licence for between 4 and 11 years.
His poor eyesight disqualified him from becoming a pilot.
A disqualified person is any person who was in a position to exercise substantial influence over the affairs of the applicable tax-exempt organization at any time during the lookback period. It is not necessary that the person actually exercise substantial influence, only that the person be in a position to do so.
Under NSW law, a person cannot be a ridesharing driver in NSW if the person has been found guilty of a 'disqualifying offence' - as defined by section 24 of the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017.
A person who is served an immediate disqualification notice is disqualified from holding or obtaining a driver's licence for the period of the notice unless revoked sooner. If the alleged offender is acquitted, the notice is immediately revoked.
No, a driving ban does not equal a criminal conviction.
Yet, a driver can be banned if they've been convicted of a motoring offence.
A serious speeding offence could bring about an instant ban of 7 to 56 days, or in some cases longer, as could careless driving, driving without insurance, or a traffic signal offence. A mandatory ban can be given for the most serious offences, such as careless driving, dangerous driving or drink driving.
Driving disqualifications
If you have been banned – i.e. disqualified – from driving for more than 56 days, then you must reapply for your licence.
Generally, magistrates will only consider imposing a ban if you've been caught driving a significant amount above the speed limit. So, according to the Band C fines in the table above: in a 30mph limit you'll need to be driving at more than 51mph, 66mph in a 40, 75mph in a 50, 85mph in a 60 and 100mph in a 70.
Discretionary Disqualification is when the court uses its power to disqualify a driver for an offence that might usually be punishable by points and a fine.
As soon as the Court imposes a ban, you are disqualified with immediate effect. You must notify your insurers of the disqualification, as if they are unaware of a ban, they could refuse to indemnify if any claim is made for your vehicle during the period of the ban, even though you are not using the vehicle.
If you are charged with driving whilst disqualified, your case will be heard at the Magistrates' Court. If the court finds you guilty, this can lead to severe penalties, including a six-month prison sentence, six penalty points on your driving licence, an extended period of disqualification and a fine of up to £5000.
View your driving licence record online to check the disqualification. You cannot drive until it has ended. You do not need to apply for a new licence before you can drive again.
Penalties for VC 14601 Driving with a Suspended License
If convicted of California Vehicle Code 14601 driving on a suspended license in Los Angeles County, you could face jail time, a fine, or both jail and a fine.