Licence Suspension Orders

A Licence Suspension Order removes your right to drive until the order is cancelled or lifted. It is made by the Fines Enforcement Registry if you have not paid:

  • an infringement notice, or
  • a court imposed fine.

A Licence Suspension Order is sometimes called 'fines suspension', to tell it apart from other types of licence disqualification or suspension.

It is an offence to drive under a Licence Suspension Order. 

This information will help you to understand more about Licence Suspension Orders. Find out:

  • the possible impacts of a Licence Suspension Order
  • how you may be able to get the Order removed, and
  • what you can do if you drove without knowing you had a License Suspension Order.

What are the possible impacts of a Licence Suspension Order?

If you've been given a Licence Suspension Order (so you're under 'fines suspension'):

  • Your licence is suspended and it is an offence to drive a motor vehicle. If you keep driving, you are likely to get further fines, be disqualified from driving, and eventually risk going to prison.
  • If you are a P-plater, your licence is suspended, you cannot drive and the period of the suspension does not count towards getting a full licence.
  • Any learners permit is suspended and you cannot drive.
  • You cannot apply for an Extraordinary Driver's Licence.
  • If you are served with an Excessive Demerit Points Notice, you cannot elect the Double or Nothing option unless the fines suspension is removed before the end of the election period.
  • The period of any new demerit point suspension will not start to run until your fines suspension is removed.

If you do not have a driver's licence, but own a vehicle that is licenced, the Fines Enforcement Registry could instead suspend the vehicle's licence (registration), so it cannot be legally used on the road.

How can I have the Licence Suspension Order removed?

If the order is because of an unpaid infringement:
  • pay the infringement
  • apply for a time to pay arrangement
  • apply to the Fines Enforcement Registrar to have the order cancelled
  • elect to dispute the infringement in court, or
  • apply to the court to have the order set aside.
If the order is because of an unpaid fine:
  • pay the fine
  • apply for a time to pay arrangement
  • apply to the Fines Enforcement Registrar to have the order cancelled
  • apply to the court to have the order set aside
  • apply for a re-hearing of the offence if the fine was imposed in your absence

When can I drive again? 

You can drive again when you are no longer subject to a Licence Suspension Order or any other order that affects your licence by removing your authority to drive. Be sure to check the status of your licence before you drive.

You can check whether you are subject to a Licence Suspension Order for unpaid fines or infringements on the Department of Justice website.

You can check if you are under court imposed licence disqualification or demerit point suspension on the Department of Transport website.

You should allow at least two working days for the information on these websites to be updated. 

What if I’ve been charged with driving under suspension, but didn’t know my licence had been suspended?

You can:

  • apply to court to have the Licence Suspension Order set aside
  • apply for a re-hearing of the charge if your licence was suspended for failing to pay a fine
  • try to rely on a defence of honest and reasonable mistake of fact.

 

Resources

More information

 

Reviewed: 23 May 2018

Disclaimer

The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.