Drive While Unlicensed - Criminal law article outlining what the law states, maximum penalty, what police must prove, possible defences and which court.
Drive While Unlicensed - Criminal law article outlining what the law states, maximum penalty, what police must prove, possible defences and which court.
Drive While Unlicensed - Criminal law article outlining what the law states, maximum penalty, what police must prove, possible defences and which court.
Drive While Unlicensed - Criminal law article outlining what the law states, maximum penalty, what police must prove, possible defences and which court.
Drive While Unlicensed - Criminal law article outlining what the law states, maximum penalty, what police must prove, possible defences and which court.

Drive while unlicensed

Drive While Unlicensed - Criminal law article outlining what the law states, maximum penalty, what police must prove, possible defences and which court.

Contact Armstrong Legal:
Sydney: 02 9261 4555
Canberra: 02 6288 1100

John Sutton | Traffic Lawyer | Armstrong Legal
Nicholas Breen | Traffic Lawyer | Armstrong Legal
Andrew Tiedt | Traffic Lawyer | Armstrong Legal
John Meadley | Traffic Lawyer | Armstrong Legal
Sarah Marinovic | Traffic Lawyer | Armstrong Legal
Michael Hempsall | Traffic Lawyer | Armstrong Legal

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.

No# of Cases 8746
Section 10 Dismissal 791
Section 10 Bond 539
Section 10A 136
Fine 6459
Good Behaviour Bond 589
Suspend Sentence 79
Community Service Order 108
Periodic Detention 10
Gaol Including Home Detention 35

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).

Drive While Unlicensed - Criminal law article outlining what the law states, maximum penalty, what police must prove, possible defences and which court.

Contact Armstrong Legal:
Sydney: 02 9261 4555
Canberra: 02 6288 1100