NEW SOUTH WALES

Driving While Disqualified NSW

In shortDriving while disqualified in NSW is an offence under Road Transport Act 2013 s 54. A first offence carries up to 30 penalty units and 6 months imprisonment, plus an automatic further disqualification of 6 months (minimum 3 months). Repeat offences carry up to 12 months imprisonment and a 12-month default disqualification.

The offence: driving on a road while disqualified from holding a licence (Road Transport Act 2013 s 54(1)).
Penalties: up to 30 penalty units and/or 6 months for a first offence, and 50 penalty units and/or 12 months for a repeat.
Further disqualification: 6 months default (3 months minimum) for a first offence, and 12 months (6 months minimum) for a repeat (s 205A).

New South Wales law · law checked 21 Oct 2026

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What's on this page

The offence

Under Road Transport Act 2013 s 54(1), a person who is disqualified from holding or obtaining a driver licence must not drive a motor vehicle on a road during the disqualification period. It is also an offence to apply for a licence during the disqualification and give a false name or fail to mention the disqualification.

The offence covers disqualifications imposed by a court anywhere in Australia, and disqualifications under the law of NSW or another jurisdiction (s 54(11)). If the dates of your disqualification were changed by s 206, you are not guilty unless Transport for NSW gave you written notice of the new dates before you drove (s 54(2)).

Related offences, with the same maximum penalties, cover driving while your licence is suspended (s 54(3)) and driving after your licence is cancelled or an application is refused (s 54(4)). See suspended driving offences NSW.

Maximum penalties

Offence	First offence	Second or subsequent offence
Driving while disqualified (s 54(1))	30 penalty units and/or 6 months imprisonment	50 penalty units and/or 12 months imprisonment

A penalty unit is currently $110, so 30 penalty units is $3,300 and 50 penalty units is $5,500.

Further disqualification

On conviction you are automatically disqualified for a further period, in addition to any other penalty (s 205A):

Offence	Default period	Minimum period
First offence	6 months	3 months
Second or subsequent offence	12 months	6 months

The court can order a shorter period, down to the minimum, or a longer period. Any new disqualification is generally served after your existing disqualification ends, so the total time off the road can be significant.

The habitual traffic offender scheme (abolished in 2017)

Until 28 October 2017, NSW had a habitual traffic offender (HTO) scheme. A driver convicted of three or more relevant offences within five years was automatically declared an habitual traffic offender. That declaration added a further five years of disqualification on top of the disqualification imposed for the offences themselves. Relevant offences included:

drink driving and drug driving;
refusing or failing a breath test or breath analysis;
speeding by more than 45 km/h; and
driving while suspended, cancelled or disqualified.

Stacked disqualifications under the scheme could keep a person off the road for ten years or more, and some people faced what amounted to a lifetime ban. Research from the NSW Bureau of Crime Statistics and Research in 2007 suggested that very long disqualification periods did not reliably deter unlicensed driving and could make reoffending more likely. Long bans also had a serious effect on people in regional and rural NSW, cutting off access to work, health care and education.

The Road Transport Amendment (Driver Licence Disqualification) Act 2017 repealed the scheme. The repeal does not automatically end a declaration made before it. A disqualification imposed under the old scheme still runs (Road Transport Act 2013, Sch 4 cl 65(1)). The Local Court can still quash an HTO declaration on application, even if it was not the court that convicted you (Sch 4 cl 65(2), (2A)).

Removing a licence disqualification after an offence-free period

Since the 2017 reforms, the Local Court can remove all of your current licence disqualifications if you apply and you have stayed offence-free for the relevant period (Road Transport Act 2013 ss 221A–221D):

2 years in most cases, including where all your disqualifications came from an HTO declaration;
4 years if, within the 4 years before the application is decided, you were convicted of a major offence, speeding by more than 30 km/h, or certain other offences (s 221A(1)).

You are not eligible if you have ever been convicted of a "never-eligible" offence. These include offences causing death or grievous bodily harm by the use of a motor vehicle, predatory driving, police pursuits and intentional menacing driving (ss 221A, 221D).

Removal is not automatic. The court must take into account the safety of the public, your whole driving record, whether you drove during the offence-free period, your conduct since the disqualifications, the offences involved, and the effect of the disqualifications on your family, carer, work, education and health needs and the transport available to you (s 221B(2)). Your application must include an up-to-date driving record from Transport for NSW and details of any pending charges (s 221C(2)). If an application is refused, you cannot apply again for 12 months (s 221C(4)).

If the order is made, you still need a new licence. You must apply to Transport for NSW and pass the required tests before you drive (s 221B(5)).

This section includes material from our February 2018 post "NSW Abolishes Habitual Traffic Offender Scheme", updated to current law on 21 October 2026.

What the court considers

In sentencing, the court commonly looks at:

why you were disqualified in the first place, and how much of the disqualification had passed;
why you drove, including whether there was a genuine emergency;
how far you drove and the manner of your driving;
your traffic and criminal record, particularly any earlier driving while disqualified; and
your personal circumstances, remorse and any steps you have taken.

Driving in deliberate disregard of a court order is treated seriously, and repeat offending increases the risk of imprisonment. A section 10 order is possible in some cases, but it is uncommon.

Preparing for court

If you are pleading guilty, material that the court commonly considers includes:

your driving and criminal history, and an explanation of any entries;
character references from people who know about the charge;
evidence of why you need a licence, such as an employer letter or evidence of caring responsibilities;
a certificate from an approved traffic offenders program; and
an apology or letter showing that you understand why the offence matters.

An early plea of guilty attracts a discount on sentence (Crimes (Sentencing Procedure) Act 1999 s 22). For what happens on the day, see the NSW DUI court process guide, which applies to traffic matters generally in the Local Court.

Appeals

You can appeal a Local Court sentence, including a disqualification, to the District Court, generally within 28 days (Crimes (Appeal and Review) Act 2001 s 11). The District Court rehears the sentence and can impose a lighter or heavier penalty, so get advice before you appeal.

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FAQs: driving while disqualified in NSW

Can I be jailed for driving while disqualified?

Imprisonment is available, up to 6 months for a first offence and 12 months for a second or subsequent offence. Whether it is imposed depends on the circumstances and your record.

Will I get another disqualification?

Yes, on conviction. The default is 6 months for a first offence (minimum 3 months) and 12 months for a repeat (minimum 6 months), under s 205A.

What if I did not know I was disqualified?

Whether you knew can be relevant. Get advice, particularly if the dates of your disqualification were changed or you did not receive a notice.

Is driving while suspended the same offence?

It is a separate subsection (s 54(3)) with the same maximum penalties. A lower maximum applies if your licence was suspended only for unpaid fines (s 54(5)).

Disclaimer: This page is general information only, not legal advice. Every case depends on its facts and your record.

Call 1300 941 900 or make an enquiry about legal representation.

Sources and date checked

The law on this page was checked against these primary and official sources on 21 Oct 2026. Penalty unit dollar amounts are as at 21 Oct 2026.

Road Transport Act 2013 (NSW) – ss 54, 205A, 206 — checked 21 Oct 2026
Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 10, 17, 22 — checked 21 Oct 2026
Crimes (Appeal and Review) Act 2001 (NSW) – s 11 — checked 21 Oct 2026

This page is general information about New South Wales law only. It is not legal advice. Every matter turns on its own facts.

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What to have ready

Court & next listing date: Which court is on your paperwork and when your matter is listed.
Charge or reading (if known): Tell us the charge or reading if you have it — you do not need your full police facts yet.
Work & driving needs: Let us know if you rely on your licence for work or family responsibilities.

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