NEW SOUTH WALES

Driving While Suspended NSW

In shortDriving while your licence is suspended or cancelled 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, and a further disqualification of 6 months by default. Lower penalties apply where the suspension was only for unpaid fines.

  • The offences: driving while suspended (s 54(3)), after cancellation or refusal (s 54(4)), or while suspended for unpaid fines (s 54(5)).
  • Penalties: up to 30 penalty units and/or 6 months for a first s 54(3) offence, and 50 penalty units and/or 12 months for a repeat.
  • Further disqualification: 6 months default (3 months minimum) for a first s 54(3) offence, and 3 months (1 month minimum) for a first unpaid fine offence (s 205A).

New South Wales law · law checked 21 Oct 2026

What's on this page

The offences

Offence Section
Driving while your licence is suspended (other than for unpaid fines) s 54(3)
Driving after your licence is cancelled or an application is refused s 54(4)
Driving while your licence is suspended or cancelled for unpaid fines s 54(5)

The offences apply whether the suspension was imposed by a court in Australia or under the law of NSW or another jurisdiction (s 54(11)). It is also an offence to apply for a licence during the suspension and give a false name or fail to mention the suspension.

Maximum penalties

Offence First offence Second or subsequent offence
Suspended or cancelled (s 54(3), (4)) 30 penalty units and/or 6 months imprisonment 50 penalty units and/or 12 months imprisonment
Suspended or cancelled for unpaid fines (s 54(5)) 30 penalty units 50 penalty units and/or 6 months imprisonment

For a fine-related offence, the court must take into account the effect of the penalty or disqualification on your employment and your ability to pay the outstanding fine (s 54(6)).

Further disqualification

On conviction you are automatically disqualified for a further period (s 205A):

Offence Default period Minimum period
s 54(3) or (4), first offence 6 months 3 months
s 54(3) or (4), second or subsequent offence 12 months 6 months
s 54(5), first offence 3 months 1 month
s 54(5), second or subsequent offence 12 months 3 months

Common situations

  • Immediate police suspension. After a drink or drug driving charge, police often suspend your licence immediately under s 224. The suspension usually lasts until the charge is decided. Driving during that time is a s 54(3) offence.
  • Demerit point suspension. If Transport for NSW suspends your licence for demerit points, the suspension starts on the date in the notice. Check that you received the notice and the dates.
  • Unpaid fines. Revenue NSW can ask Transport for NSW to suspend your licence for unpaid fines. Paying the fine or entering a payment arrangement may lift the suspension, but it does not undo an offence already committed.

Before you drive, check your licence status with Service NSW. If you have a suspension you believe is wrong, see licence suspension appeals NSW.

What the court considers

The court commonly looks at the reason for the suspension, whether you knew about it, why you drove, the manner and distance of the driving, and your record. Driving while suspended for a drink or drug driving charge is usually treated more seriously than driving while suspended for unpaid fines.

Getting ready for court

Bring your suspension notice, any letters from Revenue NSW or Transport for NSW, and evidence of why you were driving. If the suspension was for unpaid fines, evidence that you have since paid or entered a payment arrangement is relevant. A Local Court sentence can be appealed to the District Court, generally within 28 days.

FAQs: driving while suspended in NSW

What if I did not receive the suspension notice?

Whether you were properly notified can be relevant to whether the offence is proved. Get advice before you plead.

Is driving while suspended for unpaid fines treated differently?

Yes. It is a separate offence (s 54(5)) with lower maximum penalties and a shorter default disqualification, and the court must consider the effect on your employment and ability to pay.

Will I lose my licence for longer?

Yes. On conviction, a further disqualification applies under s 205A, in addition to the original suspension.

Can I drive once I have paid my fines?

Only once the suspension has actually been lifted. Check with Service NSW before you drive. See also disqualified driving NSW.

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.

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

Enquire about legal representation

Enquire about legal representation

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

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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