Learner Driver Drive Unaccompanied

In New South Wales, it is an offence for a driver with a learners licence to drive without a supervising person who holds a full licence sitting in the passenger seat. The maximum penalty for this offence is a fine of $2,200 (if you receive a Court Attendance Notice or appeal the suspension in Court) or a fine of $1,079 if you receive an Infringement Notice.

The automatic licence disqualification period is 3 months with a minimum licence disqualification period of 3 months and a maximum disqualification period of 12 months. This infringement carries 4 demerit points.

What is Learner Driver Drive Unaccompanied?

The offence of Learner Driver Drive Unaccompanied is regulated under Regulation 15(1)(a) of the Road Transport (Driver Licensing) Regulation 2017 which states:

1. The holder of a learner licence must not drive a motor vehicle other than a motorbike or motor trike) on a road or road related area unless –

1. 1. The seat next to the learner is occupied by a person who holds an Australian driver licence (not being an Australian learner licence or provisional licence) authorizing the holder to drive such a vehicle, or by a police officer or a person authorised by Transport for NSW to test drivers who is submitting the learner to a driver test for the purpose of this Regulation. 

The following act might constitute Learner Driver Drive Unaccompanied: 

• You are driving alone in a car whilst you are on your learners licence.
• You are driving in a car whilst you are on your learner licence, but the person in the passenger seat is only on their provisional licence.

What must be proven?

For a person to be found guilty of Learner Driver Drive Unaccompanied, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you were driving a motor vehicle (other than a motor bike or motor trike) on a public road;
• That you hold a learners licence;
• That you were driving without a legally accompanying supervising driver in the passenger seat.

If the Prosecution do not prove every single one of the above elements, you will be found not guilty.

Which Court Will Hear the Matter?

This offence is a summary offence and will be finalised in the Local Court.

Possible Defences for Learner Driver Drive Unaccompanied

The following defences may be available for a Learner Driver Drive Unaccompanied charge:

• Honest and reasonable mistake as to fact (e.g. you believed the accompanying driver was on their full licence).
• Medical/general emergency.
• Duress. 

Common Questions about Learner Driver Drive Unaccompanied

Will I receive a criminal conviction?

A conviction and criminal record for this offence is possible.

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions, so it is very important that you contact Armstrong Legal to assist you with this.

Will I receive a Penalty Notice or a Court Attendance Notice?

 The Police have discretion when they pull you over, to either issue you with a Penalty Notice or a Court Attendance Notice. If you are issued with a Penalty Notice, you have the option to pay the fine and accrue the demerit points, which will result in a 3 month suspension. Otherwise, you can do a licence suspension appeal in Court. If you receive a Court Attendance Notice, you will be legally required to appear in Court, increasing the maximum financial penalty to $2,200 and increasing the potential for an increased licence disqualification period anywhere from 3 months to 12 months.

What if I drove due to a medical emergency?

Please contact us at Armstrong Legal to assist you with this, as a possible defence of this nature needs to be discussed with a solicitor as it is important we obtain relevant medical documents/material to corroborate this. 

What if I thought the supervising driver was a full licence holder?

If you genuinely and honestly believed that the supervising driver was a full licence holder, you will need to provide evidence which proves the reasoning behind the fact you believed they were a full licence holder (e.g. a photo of their “full licence”). 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.