What Counts As Exceptional Hardship?

Does 12 points mean an automatic ban?

Under general guidelines, drivers who accrue 12 or more points – either by serious offences such as drink driving, or after ‘totting up’ following a series of other offences – receive an automatic ban for between six months and two years, depending on the number of previous disqualifications..

Can u still drive with 12 points?

You can continue to drive but if you get two or more demerit points during the 12-month good behaviour period, your licence will be suspended for twice the original suspension period. For more information, go to ‘Apply for good behaviour on a suspended licence’ on the Service NSW website or contact TfNSW.

What is interim disqualification?

On conviction of an offence which carries compulsary disqualification e.g. drink driving, the Court may impose an “interim disqualification”, even though you may not have been finally sentenced for the offence.

Is 100 mph an instant ban?

For speeds in excess of 100 mph (or more than 30 miles above the relevant limit) the punishment starts at disqualification as opposed to penalty points. However, the decision is at the discretion of the Court and in certain circumstances, a disqualification can be avoided.

What happens if your banned from driving and get caught driving?

A criminal act involving the use of a motor vehicle. If caught driving while disqualified, you will be prevented from holding a licence for a further two to five years, receive a maximum fine or be sent to jail for up to 18 months. … You have not paid fines for motor-vehicle offences imposed by the court.

Is being banned from driving a criminal conviction?

However in NSW, some of the more serious traffic offences, called ‘major traffic offences’, can carry criminal penalties. Some of these offences are: drink driving (PCA or DUI), negligent driving (when decided in court), driving while suspended or disqualified, police pursuit, and reckless driving.

What is obligatory disqualification?

What is an obligatory disqualification ? It is when the court must disqualify someone from driving for a motoring offence for at least the prescribed minimum period of time.

Can police tell if you have no Licence?

The only way to tell was if a warrant for driving without a license or on a suspended license came back on the plate and the suspect fit the physical description of the driver. Or you could run the registered owner separately for a license status.

Do you have to retake driving test if banned for drink driving?

If you are banned from driving for less than 56 days, this is known as a Short Period Disqualification (SPD) and you will usually not have to retake your test. … However, it is entirely up to the discretion of the court and, in extreme circumstances, your licence can be revoked and you will have to retake your test.

What is the difference between a driving ban and disqualification?

The difference between disqualification and suspension of a licence is that the penalty of disqualification is imposed by the court, whilst a licence can be suspended by NSW police or the RMS. … Multiple disqualifications for driving without a licence will run concurrently, unless when ordered otherwise by the court.

How do I overturn my driving ban?

You can ask the court to reduce your disqualification period after you’ve been banned from driving for: 2 years – if the disqualification was for fewer than 4 years. half the disqualification period – if it was for at least 4 but under 10 years.

What is discretionary disqualification?

Whenever an offender is convicted of an endorsable offence or of taking a vehicle without consent, the court has a discretionary power to disqualify instead of imposing penalty points. The individual offence guidelines indicate whether the offence is endorsable and the number or range of penalty points it carries.

How many points before you get banned?

If you reach 12 points on your licence, this is classed as “totting up”. When you tot up to 12 or more points on your licence, you automatically fall to be disqualified for 6 months. You will have to go to court for this offence.

How long does a driving ban last on your Licence?

If you receive a driving ban for any offence or you have 12 or more penalty points on your license this can last anything from 6 to 24 months or up to 3 years for drink driving (if you are convicted twice within 3 years).