Drive while unlicensed

The maximum penalties for driving unlicenced vary depending upon whether you have ever held a licence.  The penalty for driving unlicenced where you have previously been licenced is a fine of $2,200.  The maximum penalty increases to a fine of $3,300 and a mandatory licence disqualification for a repeat offender who has never held a licence.

Section 25(4) of the Road Transport (Driver Licensing) Act 1998 states person has never been licensed in connection with an offence if the person has not held a driver licence of any kind in Australia for the period of at least 5 years immediately before the commission of the offence.

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.

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

(1) A person must not, unless exempted by the regulations:

(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.

Maximum penalty: 20 penalty units.

(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: 20 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for a period 18 months or both (in the case of a second or subsequent offence).

(3) If a person is convicted of an offence under subsection (2) (being a second or subsequent offence), the person is disqualified by the conviction (and without any specific order) for a period of 3 years from holding a driver licence. The disqualification is in addition to any penalty imposed for the offence.

(4) For the purposes of subsection (2), a person has never been licensed in connection with an offence if the person has not held a driver licence (or equivalent) of any kind in Australia for the period of at least 5 years immediately before the commission of the offence.

(5) An offence under this section is a second or subsequent offence for the purposes of this section if:

(a) it is the second or subsequent occasion on which the person is convicted of an offence against this section within the period of 5 years immediately before the person is convicted of the offence, or

(b) within the period of 5 years immediately before the person is convicted of the offence, the person was convicted of:

(i) an offence under section 6 (1C) or 7A of the Traffic Act 1909 (as in force before its repeal), or

(ii) an offence under section 25 (2).