Under section 18 of the Road Safety Act 1986, it is an offence to drive without holding a licence or in breach of any condition of a licence. To be found guilty of an offence under this section, the police must prove beyond reasonable doubt that you:
- drove a motor vehicle on a road or road related area;
- without holding an Australian driver licence that authorises you to drive a motor vehicle of that kind or without being exempt by regulation from doing so; or
- in breach of any condition of your driver licence or permit.
If you hold an interstate licence and have lived in Victoria continuously for at least three months, you must obtain a Victorian licence or you may be charged with unlicensed driving.
Penalties for the offence of unlicensed driving depend on whether your licence has ever been cancelled or whether you were disqualified from driving at the time of the offence.
If at any time before the offence you held a licence (issued in Victoria or interstate) or an International Driving Permit and it was not cancelled for a driving offence, the maximum penalty is one month imprisonment or a fine of 10 penalty units.
If you were disqualified from obtaining a driver licence at the time of the offence and certain other conditions are met, the maximum penalty is four months imprisonment or a fine of 30 penalty units.
For advice or representation in any legal matter, please contact Armstrong Legal.