Unlicensed Driving
Unlicensed Driving Offences
Driving while Unlicenced is an offence under section 18(1) of the Road Safety Act 1986.
I have represented many unlicensed drivers since becoming a Barrister more than 25 years ago. If you are charged with driving while unlicensed, it is important to seek sound legal advice. You may have a defence to the charge – I can advise you on this. Even if you don’t have a defence, there are some very important steps involved in properly preparing your case for a plea in mitigation.
It’s important to understand that there is NO mandatory licence loss associated with driving while unlicensed. This being the case, the aim of the game is to keep you on the road.
Penalties for Driving While Unlicensed
Under Section 18(1A) of the Road Safety Act 1986 a person who commits an offence of driving while they are unlicensed is liable to a penalty not exceeding 60 penalty units or to imprisonment for not more than 6 months. There are some exceptions to these penalties. These are set out below in sections 18(2)(a) & (b) and 18(2A) of the Road Safety Act.
Under Section 18(2)(a) of the Road Safety Act 1986, if the court is satisfied:
(a) The person held an applicable driver licence or learner permit at some time before the commission of an offence under subsection (1) but, at the time of the commission of that offence, the person had not held an applicable driver licence or learner permit for a period not exceeding 6 months solely because the person had not renewed the applicable driver licence or learner permit; and
(b) The applicable driver licence or learner permit was not cancelled for an offence relating to the driving of a motor vehicle committed by the person-
The person is liable to a penalty not exceeding 20 penalty units or to imprisonment for not more than one month
Under Section 18 (2A) of the Act if the court is satisfied
(a) The person-
(i) At some time within 6 months before the commission of an offence under subsection subsection (1)
(A) held and Australian driver licence (other than a driver licence or learner permit) or interstate learner permit, or a licence or permit issued in another country; and
(B) was, under the regulations, authorised to drive the motor vehicle; and
(ii) at the time of the commission of the offence under subsection (1), had resided in Victoria for a period of 12 months or less; and
(b) the licence or permit was not cancelled for an offence relating to the driving of a motor vehicle committed by the person in another State or Territory, or another country –
The person is liable to a penalty not exceeding 20 penalty units or to imprisonment for not more than one month.
What happens if I get caught driving after a previous suspension has finished but before I apply to be re-licensed?
It’s also important to note that section 18(3) of the Act sets out some very significant penalties for drivers who are currently unlicenced (but were previously disqualified) and who are caught driving in circumstances where if appropriately licenced, they would be subject to a vehicle alcohol interlock condition. This is quite a unique scenario and the right preparation is important. In these circumstances, an individual can be liable to fines up to 240 penalty units or imprisonment for not more than 2 years.
Matters that a Court will usually consider when formulating a penalty
- What are the circumstances in which you find yourself unlicensed?
- Did you simply forget to renew your licence?
- Are you an international student who has previously held a licence?
- How long have you been driving while unlicensed?
- What efforts have you made to become properly licensed?
- Since being intercepted, have you obtained your driver licence or permit or taken steps towards getting a valid licence or permit?
- Have you got previous driving history and, in particular, do you have a prior Court appearance for driving while disqualified, suspended or unlicensed?
- Is your offence aggravated by other offending (for example, speeding, drink/drug driving, hoon driving or an accident?
- Do you have any personal challenges such as family troubles, mental health or medical issues?
What you must do if your licence is suspended when you go to Court
If the magistrate further suspends your licence, you cannot drive or apply to be relicensed until the suspension period has ended. Unfortunately, in Victoria, there are no exceptions to this. You cannot drive for the purposes of work or to pick up your children from school or even to drive a friend or parent to a medical appointment. There are no special licences that allow you to drive during a period of suspension or disqualification.
Sentencing options for driving without a licence
There are a range of penalties available for driving while unlicensed. The ultimate result will depend of a variety of factors specific to your case. Feel free to call to discuss your particular circumstances.
Is Unlicensed Driving a Crime?
Driving while unlicensed is a summary offence, which means it’s heard and determined in the Magistrates’ Court. The outcome will appear on your Court history. In some circumstances it may also show up on a National Police Check.
It’s crucial that you understand your rights in relation to the offence of unlicensed driving. The decision to seek legal advice is crucial to understanding your rights, to explore possible defences, and to minimise penalties. The right advice will make a big difference and will assist you to move forward with the confidence to make an informed decision.
Let's Have A Confidential Chat
Where do you go from here?
In preparation for your Court date, I will meet with you personally, listen to your side of the story, analyse the facts and provide advice on the law. I will also personally make some suggestions about individuals and agencies that can assist with the preparation of appropriate reports that will help to minimise your penalty. I will also make recommendations about suitable and appropriate personal character references.
