Driving While Suspended or Disqualified | NSW (s 54 Road Transport Act)

Offence Summary 

• The offence sits in s 54 Road Transport Act 2013 (NSW). It covers driving while disqualified, driving while suspended or cancelled, and driving after a refusal/cancellation (including certain fine-related suspensions). 
• Courts view repeat offending and driving contrary to a court order very seriously.

Suspension vs Disqualification (What’s the difference?)

• Suspended: an administrative step (e.g., demerits, police/Transport suspension, medical or fine-related).
• Disqualified: a court-ordered ban after conviction; you cannot drive until it ends and you’re re-licensed.
• Driving during either period can lead to fines, disqualification, and possible imprisonment. 

Defence Strategies We Explore

• Honest and reasonable mistake about your status (e.g., you genuinely—and reasonably—believed you were licensed because you were not properly notified).
• Identity / not driving (who was driving; quality of proof).
• Necessity/duress (rare, fact-specific emergencies).
• Resolution & sentencing: negotiate facts/charge where appropriate; present strong mitigation (need for licence, employment, caring duties, program completion) to reduce disqualification or avoid a conviction. 

What must police prove?

To convict, the prosecution must show you:

1. Drove a motor vehicle on a road/road-related area; and
2. At that time, your licence was disqualified by a court, or suspended/cancelled (e.g., Transport NSW, unpaid fines, demerits).
   They will rely on licensing records and how/when you were notified.

Common Situations We See

• Demerit or police suspension not clearly received (postal/address issues), then routine driving to work.
• Court disqualification after drink/drug driving, then driving due to family or work pressure.
• Fine-related suspensions under the Fines Act that were misunderstood or overlooked. 

Should I complete a Traffic Offender Intervention Program?

Courts routinely consider completion of an approved Traffic Offender Intervention Program (TOIP) when sentencing. Doing TOIP before court can demonstrate insight and reduce risk of harsher penalties

Can I get a “work licence” in NSW?

No. NSW doesn’t offer restricted/work licences. If suspended or disqualified, you cannot drive. We focus on appeals, non-conviction outcomes, or shorter disqualification. 

Is there a benefit to an early guilty plea?

Yes. Early pleas are recognised on sentence. The real value comes from pre-sentence preparation: references, verified employment need, rehab/education courses, and proof of compliance. (Get advice before deciding.) 

Can I appeal an immediate police suspension?

Yes—many police suspensions can be appealed in the Local Court. Timing is critical; seek advice quickly. (Separate to the disqualification imposed if you’re convicted.)