Driving without a licence in NSW? Driving in NSW is a privilege, not a right. Once you have your licence, you must abide by the NSW road rules. These rules are designed to keep everyone safe on the road, so it is important to learn them and follow them carefully.
A driver’s licence gives you the ability to travel wherever you want, whenever you want. It can open up new opportunities for work, education, and recreation. But a driver’s licence is more than just a convenience. It is also a responsibility. When you drive, you are responsible for the safety of yourself and others on the road. That’s why it is so important to have a driving licence to operate a vehicle.
In New South Wales, Australia, there are multiple stages before you get your full driving licence:
- You must have a learner licence.
- After 12 months, you can apply for a P1 Provisional Licence.
- After another 12 months, you can apply for a P2 Provisional Licence.
- After 24 months of holding a P2 Provisional Licence, you can finally apply for a full licence.
For a more comprehensive discussion about NSW driving licence, here are some of our blog articles that you might find helpful:
- Suspension of Your NSW Driving Licence
- Getting an International Drivers Licence NSW
- Appeal for Licence Suspension in NSW
- Loss of Licence NSW
5 Frequently Asked Questions About Driving Without a Licence NSW
But what’s going to happen if you are caught driving without a licence NSW? There are 4 types of incidents of driving without a licence NSW:
- When your licence was suspended.
- When you are disqualified from driving.
- When your licence was cancelled.
- You simply don’t have a driving licence.
Here’s some of the frequently asked questions about driving without a licence NSW:
1. What Is the Penalty for Driving Without a License NSW?
Driving without a licence in NSW carries a maximum penalty of a $2,200 fine for the first offence. Check out this table of penalties for your reference:
Penalty | First offence | Second or subsequent offence |
Fine | AUD 899 | N/A |
Maximum court-imposed fine | AUD 2,200 | AUD 3,300 |
Maximum prison term | N/A | 6 months |
Minimum disqualification | N/A | 3 months |
Default disqualification period | N/A | 12 months |
But if your licence was suspended, cancelled or refused, the maximum penalty is AUD 3,300 for the first offence.
Penalty | First offence | Second or subsequent offence |
Maximum court-imposed fine | AUD 3,300 | AUD 5,500 |
Maximum prison term | 6 months | 12 months |
Minimum disqualification | 3 months | 6 months |
Default disqualification period | 6 months | 12 months |
3. What Should I Do if I Am Caught Driving Without a Licence NSW?
If you are caught driving without a licence in NSW, it is recommended that you seek legal advice from an experienced traffic lawyer. A traffic lawyer can provide legal advice on the person’s rights and options, as well as the potential consequences of the offence.
4. Can I Drive if I Have Lost My Licence in NSW?
No, you cannot drive if you have lost your license in NSW. You can order a replacement online using your MyServiceNSW Account. However, when you replace your licence, your driver licence number remains the same but your card number changes.
Here’s a list of the eligibility requirements for you to replace your lost card online. If any of these circumstances apply to you, you must visit the nearest service centre to have it replaced:
- you’ve changed your address within the last 14 days
- you’ve ordered a replacement licence online in the last 12 months
- you’d like to apply for a NSW Photo Card at the same time.
Moreover, you cannot replace your lost driving licence if:
- you’ve been prohibited from driving a motor vehicle or riding a motorcycle in NSW or elsewhere since last obtaining your licence, or
- your licence has been disqualified, cancelled, suspended or expired or there are charges pending against you, or
- you’re subject to an appeal for driving or riding offences.
To order a replacement, simply log in to your MyServiceNSW Account and enter your NSW driver licence or vehicle registration details if your account is new or you haven’t previously entered them. Once you get in the portal:
- Select your replacement details.
- Answer the declaration questions and submit them.
- Check and confirm if the replacement details are correct.
- Proceed to payment and print your receipt and temporary paper licence.
- Sign your temporary licence. You must carry it everywhere and at all times when you’re driving.
- Wait for your NSW driver licence card within 10 business days.
5. Will There Be Additional Penalties if I Am Caught Driving Without a Licence NSW?
Yes, there will be additional penalties if you are caught driving without a licence in NSW. These penalties may be having your vehicle impounded or your registration suspended. It is important to note that driving without a valid licence in NSW is a serious offence under the Road Transport Act 2013, section 53.
Consult Our Traffic Offence Lawyers
Our traffic offence lawyers at JB Solicitors can provide various legal services for clients caught driving without a licence NSW, including:
- Explain the charges and the possible penalties such as fines, jail time, and a driving ban.
- Check the offence free period if it is already completed
- Check one’s driving record for any second or subsequent offences
- Appeal the time of the licence disqualification period
- Investigate the circumstances of driving whilst suspended, such as whether the client had a valid drivers licence at the time of the offence, whether there were any extenuating circumstances, and whether the police had probable cause to stop the client.
- Negotiate with the prosecutor to reduce the unlicensed driving offences charges or to get the case dismissed.
- Represent the client in court and present evidence and arguments in the client’s defence.
- Appeal the case to a higher court.
Here are some additional things to keep in mind if you are caught driving without a licence:
- Do not admit guilt to the police. Even if you believe that you are guilty, it is important to not admit guilt to the police. Anything you say can and will be used against you in court.
- Get a lawyer as soon as possible. The sooner you get a lawyer, the sooner they can start working on your case.
- Be prepared to cooperate with the lawyer. The lawyer will need to know all of the facts of your case in order to represent you effectively. Be prepared to answer their questions honestly and completely.
For more questions, don’t hesitate to contact us at JB Solicitors.