DRIVING ON SUSPENDED LICENSE
A person whose licence is suspended is prohibited from driving and could be heavily fined for:
- driving on a road or road related area a motor vehicle of the class to which the suspended driver licence relates, or
- making 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 his or her name falsely or incorrectly or omit to mention the suspension.
These provisions are taken from the Road Transport (Driver Licensing) Act 1998 Section 25A
If a person violates the suspension, in determining the penalty or period of disqualification, the court will consider the effect of the penalty and period of disqualification on the person’s employment and his ability to pay the outstanding fine.
A person who is disqualified from holding or obtaining a driver licence must not at any time drive a motor vehicle on a road or a road related area throughout the disqualification period. He or she cannot lodge an application during the disqualification period for a driver licence or try to get a licence by providing a false name or not mentioning the disqualification. The same applies to a driver who has had his or her licence suspended.
The maximum penalty for a 1st offence is thirty penalty units or 18 months in prison. For a 2nd or further offence, the maximum penalty is 50 penalty units or two years in prison or both. A penalty point’s value is $110.
There is a way of defending this by establishing it is an honest and reasonable mistake. When the police are asked to disprove a defence of an honest and reasonable mistake, they are required to prove their case beyond any reasonable doubt.