Where technology and the law don’t meet: Digital Drivers Licences

Digital Driver’s Licences are not sufficient for all identification purposes, therefore it is important to be aware of when a digital Drivers Licence is acceptable as a form of ID and when you need to produce your plastic Drivers Licence in the usual manner.

KEY TAKE OUTS:

• You still need to carry a physical Drivers Licence.
• Digital Drivers Licences can be used to comply with a requirement to hold, produce or carry a driver licence in connection with the driving of a motor vehicle.
• A digital Drivers Licence can only be used as proof of identity at:
  • licensed venues such as bars, pubs, nightclubs and restaurants
  • hotels
  • supermarkets
  • petrol stations
  • convenience stores
  • tobacco retailers.

When digital Drivers Licences were introduced in NSW in November 2019 there was excitement and trepidation about what this all meant.

When can you use your digital Drivers Licence?

A digital Drivers Licence can currently only be used in the following ways:

‘(a)  complying with a requirement to hold, produce or carry a driver licence in connection with the driving of a motor vehicle,

(b)  complying with a request to produce an evidence of age document within the meaning of the Liquor Act 2007,

(c)  providing evidence of a person’s name or address for any purpose under the Registered Clubs Act 1976.’

Noting however, that not all business have entered into the new system and therefore a digital Drivers Licence may not be accepted in all instances.  Therefore, it is important that users of digital Drivers Licences retain their plastic Drivers Licence and carry it with them in case their digital Drivers Licence is not accepted.

What about other proving your identity for other purposes?

We currently know that post offices will not accept digital Drivers Licences as proof of identity to collect parcels.

However, did you know that if you are looking to buy or sell a property that digital Drivers Licences are not acceptable as proof of Identity.  This means that if you attend a conveyancers or solicitors office and show a digital Drivers Licence as part of your Verification of Identity it will not count towards your 100 points of ID.

The good news is that the digital Drivers Licence scheme is opt-in only at this stage, and there is no intention of phasing out the plastic Drivers Licence in the future.  So, hold on to your old school plastic Drivers Licence for now, as you do not want to be caught without it for the foreseeable future.