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Driving Whilst Disqualified

Once you are charged and convicted of a major traffic offence, among the penalties that will be imposed upon you are the payment of a fine, imposition of demerit points and disqualification from driving for a set period.

When a penalty of disqualification has been imposed upon you, your licence will either be suspended or cancelled.

When your licence has been suspended or cancelled consequent to a penalty of disqualification you are prohibited from driving any type of vehicle on any type of road, be it a public or private road.

If you are caught driving whilst disqualified, it is the same as being caught driving whilst unlicensed and the penalties for this particular offense are quite stiff.

Disqualification of a licence does not only occur as a result of a criminal penalty. A licence may also be suspended by the Road Transport Authority in the interest of the public as a matter of an administrative penalty. The suspension of the licence by the RTA is separate and distinct from the period of disqualification which the courts may impose. The RTA evaluates the licence of a person and sums up the accumulated demerit points within a period of three years.

Accumulating demerit points will earn the driver a period of licence suspension. Driving a motor vehicle while a driver’s license is suspended by the RTA for accumulated demerit points is also synonymous with driving whilst unlicensed and it is also a major traffic offence.

For the first offence of driving whilst unlicensed, you will be imposed a fine equivalent to 30 penalty units and/or 18 months in jail and one year disqualification to commence when the suspension ends. For a subsequent offences, the penalty is the payment of a fine equivalent to 50 penalty units and/or a jail sentence of up to 2 years and a disqualification from driving for 2 years.

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