By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.
Example: the situation
Gaurav is applying for a NSW licence and is about to hand over his Indian drivers licence at the motor registry. A friend's licence was punched with a hole at the counter and is now useless in India.
Your Indian licence stays valid as long as the authority in India says so. Let's discuss how to protect it.
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If someone punches a hole through your Indian drivers licence (or destroys it), it may mean that your licence is no longer valid to drive in Australia or even in India until you obtain a replacement licence from India.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 Request a notary quote.Example: the solution
Gaurav kept his licence in his own hands at the counter and asked staff not to mark it. His Indian licence stayed intact, so it remained valid for driving in India and for his IDLV.
About Us
This blog is maintained by Phang Legal, a boutique law firm with offices in Parramatta and Rouse Hill. We help clients from across Sydney and beyond with personal, professional and timely Legal Services, Notary Services and Apostille Services.
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Parramatta NSW 2150
Phang Legal — Rouse Hill
214/80 Main Street
Rouse Hill NSW 2155
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About the author
Ern Phang — Solicitor & Notary Public
This article was written by Ern Phang, a director of Phang Legal, a solicitor since 1998 and a notary public since 2005.
Ern has been a member of the Society of Notaries of NSW since 2005, a Fellow of the Australian and New Zealand College of Notaries since 2013, and a member of the Law Society of New South Wales since 1998.
Ern regularly writes about his experiences as a notary public and the practical issues his clients face when sending documents from Australia to India and other countries all over the world.
Using information in this article
This article provides general information. Requirements, forms, fees and service arrangements may have changed since its original publication. Check the receiving organisation’s current requirements and obtain advice relevant to your circumstances.
