Unlicensed driving under section 53(1)

Unlicensed driving is an offence under section 53(1) of the Road Transport Act 2013. This is the least serious offence relating to driving without a valid licence.

This offence occurs when a person drives on a public road without a valid licence but when they have not had their licence disqualified, suspended or cancelled.

If you are charged with unlicensed driving under section 53(1) of this Act you may receive a penalty notice which ranges from between $500 to $1400 depending on the circumstances. This penalty notice will also set out the demerit points incurred depending on the circumstances of the offence and the type of licence you did or did not hold.

If the matter goes to court the maximum penalty is a fine of $2,200. This maximum penalty applies regardless of whether it is your first or second offence. Your licence will not be disqualified, and there is no maximum term of imprisonment for this offence.

Never licensed person drive under section 53(3)

If you are charged under section 53(3) of this Act, being a person never licenced, the penalties are higher.

If it is your first offence and you are convicted, the maximum penalty the court can impose is a fine of $2,200.

If it is your second or subsequent offence, the maximum penalty is 6 months imprisonment, a fine of $3,300 and an automatic disqualification of 12 months which can be reduced to 3 months.

If you have been charged with driving while unlicensed, call Karnib & Co Lawyers at any time on 0450503696 or email us on [email protected] to arrange a free consultation. For those who are unable to attend our offices, we offer conferences by telephone, Skype, Zoom and FaceTime anywhere around the world.