Important notice
- A DDL is evidence that you have been issued a NSW driver licence. It can be used for certain purposes in NSW where driver licences are required to be carried or produced.
- A DDL may not be accepted by all retailers or venues so it is recommended you carry your plastic driver licence card as back-up.
- A plastic NSW Driver Licence Card must be held at all times when you are driving outside of NSW.
- Handling a mobile phone when driving is an offence. Do not touch your mobile phone while in the driver’s seat of a motor vehicle until a Police Officer or other lawfully authorised person requests you to show your DDL.
- It is your responsibility to ensure that your phone is working and the battery is charged and the screen is not cracked otherwise your DDL will not be accepted and if you do not have your NSW Driver Licence Card available, you may be penalised for failure to produce your licence.
Use of a DDL is conditional upon the Terms and Conditions set out below. Please read the following Terms and Conditions carefully.
1. Scope
1.1. The following Terms and Conditions form an agreement between you and the Service NSW, including your and Service NSW’s obligations, what constitutes use and misuse of the DDL, and relevant liabilities and indemnities.
1.2. These Terms and Conditions enter into force on 28 October 2019. If you have been using the DDL as part of a trial, these Terms and Conditions replace the Terms of the trial.
2. Definitions and interpretation
2.1. In these Terms and Conditions, unless the context otherwise requires:
“Act” means Road Transport Act 2013.
“DDL” means Digital Driver Licence as defined in Part 3.7 of the Road Transport Act 2013.
“NSW” means the State of New South Wales.
“NSW Driver Licence Card” means a physical plastic driver licence card issued by Transport for NSW.
“Police Officer” means a member of the NSW Police Force holding a position which is designated under the Police Act 1990 as a position to be held by a police officer.
“RBT” means Random Breath Testing conducted by a Police Officer.
“TfNSW” means Transport for NSW.
“Participating Venue” means a venue (for example, a club) accepting DDLs for the purposes of proving identity, age or address.
“DDL Website” means Service NSW Digital Driver Licence website.
“You” means a person to whom a DDL has been issued.
2.2. Unless the context requires otherwise, the singular includes the plural and vice versa, reference to a gender includes all genders, reference to “person” includes a natural person, company, body corporate or other form of legal entity, and reference to “including” and “includes” and “for example” is to read as if followed by “without limitation”.
2.3. If a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning.
3. Acceptance of these Terms and Conditions
3.1. By applying for a DDL, you agree to these Terms and Conditions and you must abide by these Terms and Conditions when you use your DDL.
4. DDL Eligibility
4.1. You are eligible for a DDL if you:
- 4.1.1. Have or are able to obtain a MyServiceNSW account;
- 4.1.2. Have or will link your MyServiceNSW account to your NSW driver licence;
- 4.1.3. Reside within NSW; and
- 4.1.4. Hold a NSW driver licence that is not expired and that is not subject to any enforcement action that prohibits your use of your NSW driver licence for driving purposes, including seizure or suspension of the NSW Driver Licence Card by a Police Officer.
4.2. Your DDL is only valid so long as you hold a current NSW driver licence.
4.3. Service NSW reserves the right, at its sole discretion, to revoke your DDL and terminate any access granted to you if:
- 4.3.1. You have breached these Terms and Conditions;
- 4.3.2. Your NSW driver licence has been suspended or cancelled; or
- 4.3.3. It considers that access to your DDL should otherwise be restricted or revoked as a matter of law.
5. Privacy
5.1. Service NSW handles personal information about you in accordance with all applicable privacy legislation (including the Privacy and Personal Information Protection Act 1998), its privacy management plan (available on its website), and in accordance with these Terms and Conditions. This includes as to the collection, security, use and disclosure of your personal information.
5.2. Service NSW will obtain your driver licence information and photograph from TfNSW (as authorised under the Act) in order to issue your DDL. Service NSW will manage that information in accordance with its privacy management plan which is available on the Service NSW website.
5.3. When you show your DDL to a Participating Venue or allow the QR Code on your DDL to be scanned then you are choosing to share your personal information with that third party and you may wish to first ask to see their privacy collection notice or privacy policy.
6. Use and Misuse of the DDL
6.1. You must continue to hold and carry your NSW Driver Licence Card at all times when you are driving outside of NSW. It may take some time before all organisations will be ready to accept a DDL. To ensure that you are not inconvenienced, you should carry your NSW Driver Licence Card.
6.2. You understand and agree that at all times:
- 6.2.1. You must ensure your phone screen is not cracked, shattered or otherwise affected by any damage that may prevent your DDL from being viewed clearly when presented; and
- 6.2.2. You must ensure your phone is working and sufficiently charged so that your DDL can be viewed.
6.3. Except if a vehicle is parked, it is an offence for a driver to handle a mobile phone unless a Police Officer or other legally authorised person requires you to produce a driver licence, in which case you may handle your phone in order to show your DDL. It is important not to handle your phone until the Police Officer asks you.
6.4. You must immediately cease using your DDL upon:
- Becoming disqualified from holding a driver licence;
- Surrendering your NSW Driver Licence Card for any reason;
- Having your DDL deleted or revoked by Service NSW, the NSW Police Force, or TfNSW for any reason, including misuse of the DDL or a breach of these Terms and Conditions.
7. Costs
7.1. Obtaining a DDL is free, however you bear all other associated costs (including any data or Internet costs incurred in accessing your DDL).
8. Limitation of Liability and Indemnities
8.1. Service NSW is not liable in the event that you cannot produce a DDL (for example network connectivity problems) or anyone refuses to accept your DDL as proof of identity or evidence of your NSW driver licence. SNSW recommends that you carry your NSW Driver Licence Card as backup.
8.2. Except for any liability that cannot be excluded by law, Service NSW (including its officers, employees and agents) will not be liable for any loss or damage whatsoever that is suffered or sustained (including, but not limited to, indirect or consequential loss) or for any death, illness, personal injury, financial loss or property damage suffered or sustained (even caused by negligence), as a result of, or in any way connected with, using or carrying the DDL.
8.3. To the extent permitted by law, you agree to release, fully indemnify and keep fully indemnified, Service NSW and TfNSW (including their officers, employees and agents) from and against all liability, cost, loss, damage, expense, claim or other right of action arising out of, or in connection with, your use of a DDL, including the unavailability of the DDL or the refusal of a third person to accept your DDL.
9. Contact
9.1. Any enquiry or complaint is to be directed to Service NSW via NSW Service Centres or by calling 13 77 88.
10. General
10.1. You are responsible for obtaining your own independent legal and financial advice regarding these Terms and Conditions.
11. Variation
11.1. Service NSW reserves the right to amend, vary, delete or supplement these Terms and Conditions at any time. If these Terms and Conditions change, you will be asked to confirm your agreement to those changes the next time you access your DDL.
11.2. These Terms and Conditions, as varied, deleted or supplemented from time to time, apply to any future version of, or update to, the DDL software.
12. Waiver
12.1. Failure by Service NSW to enforce any of its rights at any stage does not constitute a waiver of those rights.
13. Severability
13.1. If any term in these Terms and Conditions is, becomes or is declared illegal, invalid or unenforceable for any reason whatsoever, it shall be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in full force.
14. Governing Law
14.1. These Terms and Conditions shall be governed by and interpreted in accordance with the laws in NSW. The parties submit to the exclusive jurisdiction of the Courts of NSW and any Court competent to hear appeals from those Courts.
15. Survival
15.1. Any and all provisions or obligations contained in these Terms and Conditions which, by their nature or effect, are required or intended to be observed, kept or performed after termination of these Terms and Conditions will survive the termination of these Terms and Conditions and remain binding upon and for the benefit of the relevant persons.