What is the problem?
Here's a troubling situation that we've encountered more than once - and so it's something we want to share with you... we need to share with you BEFORE it happens to you.
If you're driving in Australia on an Indian drivers licence, or you produce your Indian drivers licence at a NSW motor registry (ie, when you are applying for a NSW licence), there's a possibility that a person 'in authority' will punch a hole in your Indian drivers licence or even cut/destroy! It happens and it's happened before.
Why is it a problem?
If someone punches a hole through your Indian drivers licence (or destroys it), it may mean that your licence is no longer valid to drive in Australia or even in India until you obtain a replacement licence from India. Is it easy to replace your licence? In some cases, the motor registry won't re-issue a licence unless you're physically present at the motor registry, so consider that this isn't going to be happening any time soon.
Essentially, no one in Australia, including the police or staff at the motor registry (except maybe the Indian Consulate/VFS with delegated authority from your motor registry in India) has the authority to destroy or cancel your Indian drivers licence. Your Indian drivers licence is valid as long as your motor registry in India says it's valid.
What does this mean for you?
Be very careful before handing your Indian drivers to someone who may be questioning your right to drive in Australia, especially if they move to potentially punch a hole in your licence or cut your licence. Stop them immediately.
Even though you can (depending on your licence - if it is a recognised international licence) continue to drive in Australia for a period of 3 months, you will eventually need to convert your Indian drivers licence to an Australian drivers licence to continue driving in Australia. If you become a resident in Australia and you pass this 3 month period OR even after you convert your Indian drivers licence to an Australian drivers licence, your Indian drivers licence would still be valid to drive in India - it shouldn't be destroyed!
What happens if my Indian drivers licence is destroyed?
If your Indian drivers licence has been damaged or destroyed, it may no longer be recognised by your motor registry in India and not valid in India (ie, you cannot drive in India). It may also mean that you have to have your Indian drives licence replaced and the process around that could be a little challenging, especially in the middle of the global pandemic. Obviously there are possible solutions to your problem if you find yourself in this situation, but the best solution is to avoid it in the first place.
What next?
To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.
Acknowledgements
This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.
For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.
Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.
For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.
Ern Phang
Notary Public
Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.
IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.