What Is The Difference Between A Suspended And Disqualified Licence In Australia?

April 4, 2024    Traffic lawyers Perth
What Is The Difference Between A Suspended And Disqualified Licence In Australia?

Despite having rigorous traffic laws, accidents on the road are often inevitable. No matter the reason behind them, such breaches of traffic laws can have debilitating effects on pedestrians, other drivers, property or any user of the road. In such cases, a driver’s licence may either be suspended or disqualified. Often, these two terms are used interchangeably.

However, these are not the same and have different grounds and conditions for application. This article covers the difference between licence suspension and licence disqualification so that you can contact the best traffic offence lawyers if need be.

What is a suspended licence?

A suspension of a driver’s licence makes it ineffective for a stipulated period of time. Licence Suspension Laws in Australia came into force in November 2020 and are generally less severe than a disqualified licence. Ever since November 2020, your licence can be suspended on the following grounds:

  • Driving at 45 km/hr over the speed limit
  • Driving at 30 km/hr over the speed limit for learners and provisional licence holders
  • Causing a serious accident or death
  • Drunk driving
  • Participating in hoon offences
  • Learners driving without any supervision

In case of a suspension, you will need someone else to drive and pick up your vehicle. Alternatively, the police can choose not to disqualify your licence immediately and give you a buffer of 48 hours or what they deem fit.

Suspensions resulting from causing harm stay effective until you’ve had a hearing in court. In such cases, you must contact traffic lawyers in Perth to represent your case.

What is a disqualified licence?

Unlike a suspended licence, a disqualified licence holds much more severity and permanence. When a court disqualifies your licence, it is effectively cancelled. You will not be allowed to drive until the disqualification period ends nor apply for a new licence in that time. After the designated time has passed, you can apply for a fresh licence.

The penalty for driving while disqualified is far more severe than driving with a suspended licence. The consequences of the former can even end up serving time in prison. This is because a disqualification occurs if you’ve been a part of multiple and recurring driving offences, making traffic laws deem you unfit or hazardous on the road. That’s why sticking to the laws and avoiding driving while disqualified is necessary. Failing to do so can have serious legal consequences and penalties.

How can you remove a disqualification?

You can generally have your licence disqualification removed if you’ve not offended in the last 2 to 4 years. This is preferable to driving while Disqualified WA and incurring more charges. You can apply to the Department of Transport in WA and have your driving records undergo rigorous assessment. If eligible, the court can then remove the disqualification. It is necessary to have one of the best traffic lawyers in Perth WA guide you through this process because not everyone can make appeals for removal.

In the case of the following offences, an appeal for removal of disqualification cannot be made:

  1. Murder through motor vehicle
  2. Causing death or great bodily harm under the Crimes Act 1900
  3. Predatory Driving under the Crimes Act 1900
  4. Negligent driving causing death or injury
  5. Police Pursuit
  6. Intentional menacing driving
  7. Not stopping to assist an injured person after you’ve hit them, causing death or harm.

How can you appeal the suspension of your licence?

Unlike a disqualification, anyone can appeal a licence suspension, and it is a vested right. Once you receive the notice of suspension, you can appeal to your local court for a hearing. You cannot drive until the appeal is hard, and in case our appeal is denied, you will not be allowed to drive until your suspension ends.

Summing up

In some cases, driving might be necessary for healthcare or livelihood. In such cases, contacting the best traffic lawyers in Perth can help you appeal to the court to remove your disqualification or suspension. This is a tricky process that depends on the merit of each case.

However, it is preferable to seek legal advice rather than incur more charges through disqualified driving in Perth. Contact the best lawyers for consultations today!

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  • Very grateful for using traffic lawyers perth wa ! Saved my licence from being suspended again.Highly recommended traffic lawyer in perth .

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