This is one of the most common questions from clients. Particularly since the Roads and Maritime Service was amalgamated in 2011 (when the former RTA joined NSW maritime).

The position in NSW is that the disqualification of a driver’s license will not automatically mean that your boat licence will be disqualified or affected. This also applies to a suspension or cancellation of your driver’s license.

The Legislation

For those interested, Section 204 of the Road Transport Act allows a court to disqualify a driver, after conviction for a major offence. For example, Drink Driving or Driving whilst Suspended. Importantly, the disqualification disqualifies a person holding a ‘driver licence’ for the relative period.

A ‘driver licence’ is defined under the legislation to include a licence authorising someone to drive a motor vehicle on a road or a road related area. In contrast, a ‘boat driving licence’ is separately defined under the legislation to be governed by the Marine Safety Act 1998.

Section 57A of the Road Transport Act 2013 provides for the issuing of combined licences. This means, a person can have one licence covering their driver’s license and boat license. Significantly, section 57A (2)(c) specifically provides that the suspension or cancellation of one license does not on itself effect the validity or continued effect of the other licence. In other words, just because your driver’s licence has been disqualified or cancelled, a boat licence also held under the same combined licence is not necessarily effected.

The same is a true for a disqualification of your boat licence. It does not automatically effect your driver’s licence.

Although the above provisions apply generally, if you are in any doubt you should seek legal assistance or make enquires with the RMS concerning the status of your licences.

Updated 10 September 2019