For many people, they depend on being able to drive to make a living. One of the most common questions from clients charged with drink driving, or other major traffic offences, is whether the court can order a conditional work licence, that would let them drive to and from work only.

Unlike in other states, in NSW, there is NO conditional or work type licence available as a sentencing option. Similarly, there is no option for the RMS to issue a conditional work-related licence.

When a magistrate disqualifies you from driving, the disqualification is absolute. The disqualification also cancels all of your licences. What this means is that unfortunately for many, in NSW it is an “all or nothing” choice for a magistrate. You either lose your licence for a period absolutely, or if you receive a non-conviction, you are allowed to drive absolutely.

The closest thing to a conditional licence option in NSW is when a magistrate deals with your charge with a conditional non-conviction bond, and makes it a condition of the bond that you not commit any moving traffic offences.

This means you receive no conviction, and therefore no disqualification. However, you are released on the promise that you do not commit any offences, including minor moving traffic offences. This can be for a period of up to 2 years. If you commit a traffic offence in that time, you will be called back to the court and re-sentenced for the original major offence. It is possible you will then be disqualified absolutely.

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