Driving without a Licence
Driving Without a Licence is an offence under Section 53 of the Road Transport Act 2013.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You drove a motor vehicle
- You did not hold a driver licence at the time, and
- You did not have a licence in Australia for the past 5 years
If it is your first major traffic offence in the last 5 years the maximum penalty is a fine issued by the police or RMS or, if the case is decided in court, a fine of $2,200.
If it is your second or more major traffic offence in the past 5 years the maximum penalty is:
- 6 months in prison
- A 12 automatic licence disqualification, which can be reduced by a court to 3 months, and
- A fine of $3,300
However, there will be no criminal record, licence disqualification or fine where the court deals with you by way of:
- A Section 10(1)(a) dismissal, or
- A Conditional Release Order without a conviction
The main defence to the charge is that you made an honest and reasonable mistake about the fact that:
- You did not have a licence when you drove, or
- You did not have a licence within the past 5 years
Other defences to the charge include:
- Duress
- Necessity, and
- Self-defence
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