Drive Unlicensed / Never Licensed / Expired

Driving unlicensed is a serious offence. The penalties that can be imposed by a Magistrate for this offence depend on whether you have previously held a licence or not.

The prosecution have to prove the following:

  1. That you were the driver of the vehicle; and
  2. That you do not possess a licence; and
  3. That you were not exempt from holding a licence.

These elements must be proved beyond reasonable doubt by the prosecution.

If you have never held a licence and are convicted of driving unlicensed, the potential penalties are as follows:

  • First offence –
    • Penalty Infringement Notice (PIN): $677
    • Fine: $2,200
    • Automatic Disqualification period: none, but the Court has the discretion to impose a disqualification period.
  • Second or subsequent offence –
    • Fine: $3,300
    • Gaol: 18 months
    • Automatic Disqualification period: 3 years

If you are caught with unlicensed driving relating to driving a vehicle of a class you are not authorised to operate the penalties are as follows:

  • Class C, R, LR or MR –
    • PIN first offence: $441,
    • PIN subsequent offences: $677
  • Class HR, HC, or MC –
    • PIN first offence: $530,
    • PIN subsequent offences: $1059
  • *Motorcyclist –
    • PIN first offence: $441,
    • PIN subsequent offences: $677
    • *Refers to a provisional rider licence holder driving a motorcycle with capacity greater than 660 ml or a power to weight ratio greater than 150 kilowatts per ton.

If you are caught driving unlicensed due to your licence being expired the penalties are as follows:

  • Licence expired for under 2 years –
    • PIN first offence: $441
    • PIN subsequent offences: $677
  • Licence expired for 2 or more years –
    • PIN first offence: $530
    • PIN subsequent offences: $1059

You should also be aware that if you are licensed in another state, but have been living in New South Wales for at least 3 months you can also be fined for driving unlicensed. For your first offence the PIN fine is $441 and for any additional offence the fine PIN fine is $677.

It is important to note that there are several defences that can you can use when defending yourself against the charge of unlicensed driving such as:

  • You were under duress;
  • You were driving as a result of necessity;
  • You had a honest and reasonable belief that you still possessed a valid licence; or
  • You were not the driver.
Testimonials

Your help and professionalism is greatly appreciated
Posted on 11th March 2014

Thank you so much for helping us with our case. If it was not for you doing everything in your capabilities to help us I don't know what wou [...]

Recent legal news

Legal Aid Lawyers
Posted on 1st April 2014

Are you looking for a trustworthy and reliable legal aid lawyer? If you are then the best choice for you is B [...]

law-socity

Other Practice Areas

Smart SEO