Certain driving-related offences carry a licence disqualification period in addition to a potential fine and term of imprisonment. These offences are classified as “major offences”. The maximum penalties, including fines and imprisonment, for these offences are prescribed by the specific legislation governing each offence. Similarly, the applicable disqualification periods are also determined by law.

Each offence stipulates both an automatic and a minimum disqualification period, with the magistrate required to impose a disqualification period within those statutory limits. The only exception occurs when the magistrate dismisses the charge under section 10 of the Crimes Act, in which case no disqualification, fine, or imprisonment can be imposed.

For certain alcohol-related major offences, courts may impose interlock device orders as an alternative to the full disqualification period. However, the maximum penalties, including fines and imprisonment, remain unchanged. The legislation provides guidance to magistrates regarding the interlock program, covering:

• Offences that may warrant an interlock driver licence order;
• Disqualification compliance periods; and
• Minimum interlock participation requirements.

Minor traffic and parking offences are governed by the NSW Road Rules 2014, which are based on the Australian Road Rules, with additional provisions specific to road safety in New South Wales.

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Mark Racca

Principal Solicitor & Director
LLB, GradDipLegPrac, MPA

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