Drive while cancelled

The offence of drive whilst cancelled is committed by a person who drives a motor vehicle on a public road after their licence has been cancelled by the RTA.

Regardless of how bad your traffic record is, the court has a discretion whether to record a conviction against you for the offence. If the court decides not to record a conviction, you will not be disqualified from driving. Section 10 of the Crimes (Sentencing Procedure) Act allows a court that finds a person guilty of an offence the discretion not to impose a conviction against them.

If the court decides to convict you for the offence, the court must disqualify you from driving for the mantatory period set by the law or any additional period as the court may order. The mandatory period of disqualification is the minimum period of disqualification that the court can impose if it convicts you of the offence.

Likely penalties for a cancelled driving charge

The following statistics for a cancelled driving charge have been obtained from the Judicial Commission and were accurate as at August 2010. The statistics show sentencing trends and are to be used as a guide only. 

Penalties the court can impose for a cancelled driver charge

The following penalties apply once the court decides that it intends to record a conviction against you for the offence: