Drive Without Licence

You’re not supposed to drive without licence. In NSW, the penalties for unlicensed driving are extremely severe. Getting a driver’s licence means you have the knowledge and skills to drive a car safely. You can’t assume you have the knowledge or skills to deal with life-threatening situations on the road if you don’t have a licence. In fact, NSW Road Rules 2014 states that:

“A driver of a motor vehicle must not drive the vehicle unless the driver is carrying his or her driver licence.”

A licence is your permission to drive a car; driving is a privilege the state gives you. Having a valid licence is part of the mechanism that keeps the roads safe and orderly, just like obeying the traffic laws.

This article will look at the penalties and situations when people drive without licence.

Drive Without Licence: Unlicensed vs Disqualified

What’s the difference between being an unlicensed driver and a disqualified driver? Being an unlicensed driver means you have never had a valid drivers licence. Driving a motor vehicle when you’re unlicensed attracts fines and imprisonment:

1. 1st offence: AUD 987 fine
2. Maximum fine/penalty: AUD 2200 (1st offence)
3. Maximum penalty: AUD 3300 (2nd offence)
4. Min disqualification: 3 months
5. Default disqualification: 12 months
6. Max prison term: 6 months

A disqualification is when a court declares you to be disqualified from driving. What happens now is your licence is cancelled. Under this, you are not allowed to drive until the end of the court’s disqualification.

So you will have to reapply for a licence if your current one is cancelled. Driving whilst disqualified has serious consequences, including jail time. You can be disqualified for more than one period of time if you have multiple driving offences.

These disqualification periods will run concurrently according to the court’s decision. But they can also order consecutive disqualification periods. This means you may not be able to drive for a while.

READ: Drive Without Licence

Drive Without Licence: Licence Suspension and Offences

The police officer can suspend your licence for many reasons. They can suspend your licence if you’re caught red-handed for the following traffic offences:

• If you’re involved in a fatal or grievous bodily harm accident
• If you’re speeding more than 45km/h over the limit (full licence holders)
• If you’re speeding more than 30km/h over the limit (learner or provisional licence holders)
• If you drive with a prescribed concentration of alcohol (PCA) or under the influence of alcohol (DUI) or drugs
• If you participate in street racing and other hoon offences
• If you drive unsupervised (learner licence holders).

But the police won’t suspend your licence immediately. If it’s within 48 hours of you being charged or getting a penalty notice, they can suspend it later. If you’re charged with a crime, the instant suspension will stay until a judge hears your case. The time you’ve already been suspended will be taken into account by the court.

Drive Without Licence: Suspension Periods

The law sets out the suspension periods for drivers. This means you can’t drive without licence during the period of the offence. If you do, you may get a fine of AUD 3300 to AUD 5500 or imprisonment for 6 months to 12 months.

Here are the suspension periods to remember:

1. Speeding more than 45km/h over the limit (full licence holders): until court hears your case.
2. Speeding more than 45km/h over the limit (full licence holders): 6 months
3. Speeding more than 30km/h (learner or provisional licence holders): 3 months
4. Low-range DUI: 3 months
5. Mid-range and high-range DUI and PCA: until court hears your case.
6. Street racing, aggravated burnout and other hooning offences: until court hears your case.
7. Learner driver licence holders driving unsupervised: 3 months

Drive Without Licence: What to Do Next?

If you drive without licence and the police catch you, you have options:

1. Disqualification Removal

If the court has disqualified you from driving, you can apply for a disqualification removal.

Here, if you haven’t broken any laws in the last 2-4 years, you can apply to Transport for NSW (TfNSW) to have the requirements for the disqualification removal order scheme assessed based on your driving history.

Here’s how to apply for a disqualification removal:

1. Download and complete the application form.
2. Provide proof of identification documents.
3. Send your completed application form by email or post:
   • Email: DisqualificationRemovalOrders@transport.nsw.gov.au
   • Post: Transport for NSW at Disqualification Removal Orders, Locked Bag 14, Grafton NSW 2460
4. Wait while Transport for NSW processes your application.
   • You will receive a copy of your driving record and a letter advising you of your eligibility. This letter will tell you that you are eligible to apply to have your disqualification lifted in a NSW local court, according to Transport for NSW.
5. Complete Local Court application form.
6. File the documents at any NSW Local Court:
   • Completed Local Court application to remove Driver Licence Disqualification
   • Cover letter (a letter explaining why you want to have the disqualifications removed)
   • Copy of your certified driving record and letter provided to you by Transport for NSW
   • Pay the court fee.
   • Certified driving record from Transport for NSW.

BROCHURE: Are you disqualified from driving?

2. Appeal Suspension

If your licence was suspended, you can still appeal the suspension of your valid driver’s licence. Just note the 28-day time limit to do so.

You have 28 days from the date of the Notice of Suspension to lodge an online or in-person appeal with a NSW local court. You will need to pay a fee to submit your application.

Remember: You can’t drive until your appeal is heard unless the court tells you otherwise. And you can’t drive until the suspension period is over if your appeal is refused.

Facing Serious Traffic Charges?

If you were in an accident or caused damage while driving unlicenced, the penalties are more severe. Let our traffic lawyers from JB Solicitors help you through the process. We can represent you in court and protect you for cases like:

• Driving whilst suspended
• Appealing your driver’s licence
• Drink driving offence
• Appealing a second or subsequent offence
• Any other unlicensed driving offences
• If you need help in any other state (e.g. you were caught in South Australia driving unlicensed)

Contact us today.