Drive Whilst Unlicensed

Under section 31 of the Road Transport (Driver Licensing) Act it is an offence to drive whilst unlicensed.

To convict you of an offence under this section, the Police must prove beyond reasonable doubt that you:

  • Drove on a road or road related area;
  • Without holding an Australian driver licence that authorises them to drive a motor vehicle of that kind or without being exempt by regulation from doing so.


The penalty is determined by whether or not you ever held an Australian driver licence. For the purposes of this section, you will be deemed to have never held an Australian licence if you had not held one within five years of the sentencing date.

If you have been convicted of driving whilst unlicenced, the maximum penalty is 20 penalty units.

If you have been convicted of driving whilst never been licenced, the maximum penalty is 20 penalty units for a first offence. For a repeat offence, the maximum penalty is 50 penalty units and/or 6 months imprisonment. If you are a repeat offender, the Court will also impose an automatic period of 3 years; however this period can be increased.


In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.


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