Section 53 of the Road Transport Act 2013 (NSW) is ‘Driver Must be Licensed’ and is extracted below.
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Section 53 of the Road Transport Act 2013 is Driver Must be Licensed and reads as follows:
Driver must be licensed
(cf DL Act, s 25 (1)-(4) and (6)-(8))
(1) A person must not, unless exempted by the statutory rules:
(a) drive a motor vehicle on any road without being licensed for that purpose, or
(b) employ or permit any person not so licensed to drive a motor vehicle on any road.
Maximum penalty: 20 penalty units.
(2) Subsection (1) does not apply to or in respect of a light rail vehicle.
(3) A person who has never been licensed must not, unless exempted by the statutory rules, drive a motor vehicle on any road without being licensed for that purpose.
Maximum penalty: 20 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for 6 months or both (in the case of a second or subsequent offence).
(5) For the purposes of subsection (3), a person has never been licensed in connection with an offence if the person has not held a driver licence (or equivalent) of any kind in Australia for the period of at least 5 years immediately before the commission of the offence.
(6) A person who has never been licensed cannot be convicted under both this section and section 54 in respect of driving on the same occasion. However, nothing in this section prevents the person from being convicted of an offence against section 54 in respect of driving that constitutes an offence against this section.
(7) A person cannot be convicted under both subsections (1) (a) and (3) in respect of driving on the same occasion. A person charged with an offence against subsection (3) can be convicted instead of an offence against subsection (1) (a), but a person charged with an offence against subsection (1) (a) cannot be convicted instead of an offence against subsection (3).
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Choosing the right legal team to defend your reputation and interests can be a difficult process.
However, it is always important to look at a firm’s experience and results when making this decision.
At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex traffic matters – so you can rest assured that you are in safe hands.
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Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’
Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the traffic law, as well as their ability to obtain excellent results in difficult cases.
We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.
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