Disqualification from driving in Australia is a penalty that the court can offer to people for committing an offence related to driving a vehicle. If
Disqualification from driving in Australia is a penalty that the court can offer to people for committing an offence related to driving a vehicle. If you are one of them, you must know that the police can also have your licence cancelled and disqualified.
You will have your licence disqualified when you are charged with specific drinking and driving offences, and you will not be allowed to drive for a specific period of time decided by the court.
You will also not be allowed to apply for a licence during that time. Disqualification is nothing different than being suspended from driving, and you can resume your driving activities after the end of the disqualification period.
In this blog, you will learn several things regarding your driving licence being disqualified and the consequences you will face if driving when not allowed to do so.
What is the Cancellation of the Licence?
Cancellation of a licence indicates that your driving licence will be invalid even after the disqualification period ends. After you are eligible to drive again, you must apply for a new licence, and you can visit the Department of Transport website to learn more about applying for a new licence.
When you are convicted of relevant traffic offences, you will be disqualified from driving, and your licence will also be cancelled. Before applying for the licence, you must wait before your suspension or disqualification period ends. You also need to be aware that the cancellation will be decided and done by Australia’s Department of Transport. If the court or magistrate imposes a licence disqualification, your licence may be cancelled.
What is the Meaning of Being Under Fine Suspension?
Before you type on the internet, ‘when do I get my licence back?’ you must know about this under fines suspension. If you have unpaid infringements or fines, the Fines Enforcement Registry will issue a licence suspension order, this is also known as ‘fines suspension’.
The other name is given to ensure that it is not the same as licence suspension or demerit point suspension from the court. If you have been given a licence suspension order, it will be a complex process to work out when you will be able to drive again after your licence gets disqualified by the court.
Does Disqualification Run while You Are in Prison?
In most cases, your driving disqualification will not run when you are in prison. But it also depends on the date you were disqualified and under what law you were suspended. You can take the help of the best traffic lawyers Perth if you are unsure of things.
How to Check if You Are under Disqualification?
You will be able to check the status of any demerit point suspension or disqualification against your licence on the department of transport website. But you cannot find licence suspension orders on this website. To check if you are subjected to this order for infringements or unpaid fines, you need to check with the department of justice website.
Every Australian state and territory has a driver’s licence, but Australia has a system where you must hold only one licence at a time. If your driver’s licence is disqualified in any Australian state or territory, the disqualification will be recognised in Western Australia.
In the same way, when you hold a driver’s licence in WA, the disqualification will also apply to a driver’s licence from other parts of Australia.
How Can You Apply for an Extraordinary Driver’s Licence?
Even after being disqualified, if there is a good reason you must drive again as part of your job or for an emergency, you can apply for an EDL or extraordinary driver’s licence. Getting your licence back after the suspension is not easy, and if your licence is cancelled or disqualified, you can apply for an EDL, but you will have to re-sit your driving test again.
But you cannot apply for the EDL if your licence is cancelled, but you are not disqualified from driving. In this case, instead of applying for an EDL, you can simply re-apply for a driver’s licence.
What Will Happen if You Drive After Your Licence is Cancelled or Disqualified?
If you are found driving while disqualified, it will be considered a serious offence, and your licence will be disqualified again for at least nine months other than other disqualification periods. You might be sentenced to imprisonment if you are found repeatedly driving after your licence is suspended or cancelled.
Can You Ask for Your Licence Disqualification to be Lifted?
If the court disqualified you from having a driver’s licence for three or more years, you might be able to apply for lifting the disqualification. But there are some waiting periods that you need to observe before making the application, and you need proof that you changed your behaviour.
Contact Traffic Lawyers Perth WA
If your driving licence is cancelled or disqualified and you want help negotiating, traffic offence lawyers can help you. You need to contact the best and most experienced lawyers from Traffic Lawyers Perth, WA, to help lift your suspension and help get you back your licence.