Unlicensed driving offences
If you are charged with an offence of ‘unlicensed driving’ it means that police allege that you drove a car without having a licence or permit that says you are allowed to drive.
It is prohibited for a person to drive without a license. The Road Transport (Driver Licensing) Act 1998 – Section 25 mandates that a person must not drive a motor vehicle without a licence for that purpose or employ or permit an unlicensed person to drive a motor vehicle. A person who drives without a license may be placed in two categories:
- the person has not had a driver’s license within the immediate last five years; and
- the person had a driver’s license for the previous five years but has failed to renew the license. The penalties will thus differ, especially if you are a habitual offender in the second category.
This is a list of some of the more serious offences at as 1 July 2013:
Unlicensed driving offences | Penalties | First offence | Second or subsequent offence |
Driving whilst disqualified, cancelled*, suspended* or refused | Maximum court-imposed fine | $3,300 | $5,500 |
(*excludes suspension or cancellation under the Fines Act 1996) | Maximum gaol term | 18 months | 2 years |
| | Disqualification - minimum | 12 months | 2 years |
| | Disqualification - maximum | Unlimited | Unlimited |
| | Disqualification - in the absence of a specific court order | 12 months | 2 years |
Driving whilst cancelled or suspended under the Fines Act 1996 | Maximum court-imposed fine | $3,300 | $5,500 |
| | Maximum gaol term | 18 months | 2 years |
| | Disqualification - minimum | 3 months | 2 years |
| | Disqualification - maximum | Unlimited | Unlimited |
| | Disqualification - in the absence of a specific court order | 3 months | 2 years |
| | | | |
Never licensed | Penalty Notice | $796 | Not applicable |
| | Maximum court-imposed fine | $2,200 | $3,300 |
| | Maximum gaol term | Not applicable | 18 months |
| | Mandatory disqualification and without any specific court order | Court Decision | 3 years |
| | | | |
Not appropriate licence class - Class of vehicle driven falling in class C, R, LR or MR | Penalty Notice | $519 | $796 |
| | | | |
Not appropriate licence class - Class of vehicle driven falling in class HR, HC, or MC | Penalty Notice | $623 | $1,245 |
Driver held licence in other State or Territory but lived in NSW for 3 months | Penalty Notice | $519 | $796 |
Driver held a licence that had expired less than 2 years before | Penalty Notice | $519 | $796 |
Driver held a licence that had expired 2 years or more before | Penalty Notice | $623 | $1,245 |
Holder of a provisional rider licence drives a motorcycle with engine capacity greater than 660 ml or a power to weight ratio greater than 150 kilowatts per tonne | Penalty Notice | $519 | $796 |
Traffic offences are considered "Major Offences" under the law and thus attract heavy fines, periods of licence disqualification and possibly terms of imprisonment. It is important that you seek legal advice.