Drive While Unlicensed

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The Law – Drive While Unlicensed Road Transport (Driver Licensing) Act 1999-Section 25 states:

(a) drive a motor vehicle on any road or road related area without being licensed for that purpose, or

(b) employ or permit any person not so licensed to drive a motor vehicle on any road or road related area.

(2) A person who has never been licensed must not, unless exempted by the regulations, drive a motor vehicle on any road or road related area without being licensed for that purpose.

Maximum Penalty – Driving While Unlicensed

The Maximum penalty under subsection (1) is 20 penalty units. Under subsection (2), the maximum penalty is (a) 20 penalty units for a first offender; or for a repeat offender, 30 penalty units, imprisonment for 18 months or both.

What the Police must prove – Driving While Unlicensed

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The person, or a person employed or permitted by you, was driving
2. Without a license.
3. Whilst not exempted

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Disclaimer

The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.

It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.

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