Driving While Unlicenced

The maximum penalties for driving unlicenced vary depending upon whether you have ever held a licence. The maximum penalty for driving unlicenced where you have previously been licenced is Traffic Infringement Notice fine of $815 or a court-imposed fine of $2,200.

The offence under section 53(3) Road Transport Act 2013 states that a 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.

Likely Penalties For An Unlicenced Driving Charge:

No# of Cases 1674
Section 10 Dismissal 188
Section 10 Bond 428
Section 10A 22
Fine 886
Good Behaviour Bond 107
Suspend Sentence 14
Community Service Order 15
Intensive Corrections Order 1
Home Detention 1
Full-time Gaol 12


First Offence – Drive Whilst Unlicenced (If Driver Has Never Held Licenced In Australia or has not Held a Licence in the Last 5 Years)

  • Traffic Infringement Notice fine is $815
  • A maximum court-impose fine of $2,200.00

Second or Subsequent Offence within Five Years

  • A maximum fine of $3,300.00
  • An automatic disqualification period of 12 months
  • A Minimum disqualification period of 3 months
  • A maximum gaol term of 6 months

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.

  • The person, or a person employed or permitted by you, was driving
  • Without a license.
  • 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.


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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