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This article was written by Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

Learner Driver Drive Unaccompanied


The offence of learner driver drive unaccompanied is committed by a person who drives a motor vehicle without the seat next to the learner being occupied by a person with a full licence.

Penalties for learner driver drive unaccompanied

The penalty for the offence is:

  • a maximum fine of $2200.
  • a maximum disqualification period of 12 months.
  • a mandatory disqualification period of 3 months.

Regardless of how bad your traffic record is, the court has a discretion whether to record a conviction against you for this offence. If the court decides not to record a conviction, you will not be disqualified from driving. Section 10 of the Crimes (Sentencing Procedure) Act 1999 allows a court not to record a conviction.

If the court decides to convict you of the offence, it will disqualify you for the automatic disqualification period unless it orders a shorter or longer period of disqualification (but not shorter than the minimum disqualification period).

Case Study

This person had just come off the back of an extensive period of disqualification exceeding 3 years. He was training for a driving test to obtain his Red P Licence. On the morning of the event our client had a friend accompany him to work. The friend held a full driver’s licence. The friend had to leave work unexpectedly and our client was left in a position where he felt there was no other alternative except to drive home without a licensed driver sitting in the passenger seat. He was picked up by police on his way home.

In the period between getting caught by the police and going to court our client obtained his Red P Licence.

Our client had obtained his licence five years and 10 months before the date of this offence. The offences on his traffic history included Not Display Plates, Not Give Particulars After Crash, Disobey Traffic Lights, Exceed Speed Limit by More Than 45km/hr, Not Keep Left on Multi-Lane Road, Drive Whilst Suspended, Drive Whilst Suspended, Disobey Traffic Lights, and Drive While Disqualified.

The matter was dismissed without conviction under what was then section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999, which allowed our client to enter a bond to be of good behavior for a period of 12 months. This meant that our client received no fine and was able to keep his Red P Licence.

For advice or representation in any legal matter, please contact Armstrong Legal.

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