Cancellation of licence means that your licence is taken away.
In order to get your licence back, you must successfully re-apply for a licence from the Department of Transport.You cannot drive until you have been issued with a new licence.
A driver’s licence may be cancelled:
- by a court, when it disqualifies a driver from driving, or
- by the RTA, when it decides that a person is temporarily unfit to hold a licence because of their health or medical condition or in the interests of public safety or
- by the RTA, for the non-payment of fines
A person must immediately surrender a cancelled licence, and may be charged if they do not.
It is an offence for a person to drive without a licence or while their licence is suspended or cancelled. The penalties are severe.
A driver remains a cancelled driver, and subject to the penalties for cancelled drivers, after the disqualification period has expired and until their licence is renewed.
The police may also suspend a licence in certain circumstances (Road Transport (General) Act ss.204, 205).
The licence can be suspended for up to 14 days if the driver is:
- in the opinion of police, incompetent, reckless or careless, or
- found to be under the influence of intoxicat¬ing liquor.
- Police may recommend to the RTA that the period be increased.
The person must surrender their licence to the police if it has been suspended by them.
If a your licence has been cancelled or suspended by RTA administrative action, they have 28 days to appeal to the Local Court.
No matter what your situation, it is always best to check the status of your licence before you drive again. This is especially important because if you drive when you are still under disqualification or when your licence is cancelled, you are committing an offence.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.