Licence Suspension and Disqualification

What is the difference between the two?

Driving whilst your licence is disqualified or suspended is considered a serious offence in South Australia.

Such an offence can attract a term of imprisonment of up to two years. Not understanding the difference could see you before the courts and facing a possible term of imprisonment.

While the words suspension and disqualification are used interchangeably and are in effect the same, the difference lies in how they are issued and potential penalties.

Licence Suspension

Licence Suspension can occur for non-payment of fines, the accumulation of demerit points, and as a penalty for an offence. The Motor Vehicles Act 1959 (SA) section 91 now considers a breach of licence suspension to be as serious as a breach of a disqualification. However, the courts are much firmer when dealing with licence disqualifications as opposed to suspensions. This is because licence disqualification will predominantly be issued via an order of the court. When a court makes an order, it is considered very serious when that order is breached.

Licence Disqualification

Licence Disqualification is generally imposed by the court as punishment for an offence. You may also receive a disqualification for receiving too many demerit points. Police officers may also issue an on the spot disqualification or suspension for particular offences such as driving under the influence of drugs or alcohol. The court has been very consistent in mandating prison terms for people convicted of driving while disqualified.

It is important to note that every issue of suspension or disqualification has its own set of facts surrounding it. You may also have a defence for driving when your licence has been suspended or disqualified.

If you receive a suspension or a disqualification and need assistance navigating your way through it, please contact us at [email protected] or on (08) 8310 0054.