The Penalties of Driving Without a Licence in Australia?

Driving is a privilege, especially when living a busy city life. It saves you time and high travelling expenses in countries like Australia. The privilege of driving comes with a lot of responsibilities and legal obligations. If you live in Australia and own a vehicle, you must be aware that it is mandatory to have a licence before operating a car on public roads.

“Is driving a right? You are entitled to a driving licence if you can abide by the traffic laws and drive responsibly. If your driving endangers the lives of others, that licence will be taken away from you. So, rights and responsibilities are inseparable. If you can’t respect the rights of others, if by your belief and conduct you endanger the lives of other people, you are not entitled to any right.”

– Ali Sina –

Driving without a licence is a grievous offence in Australia, and you can face severe penalties for breaching the traffic laws. In this blog, I’ll explain all the risks of driving without a licence. Moreover, this blog is a must-read for you if you are unaware of the penalties that are imposed on offenders of driving without a licence.

Driving Without a Licence in the Australian Constitution

According to the ROAD SAFETY ACT 1986 – SECT 18

“Offence if driver not licensed

(1) A person must not drive a motor vehicle on a highway unless the person—

(a)  holds a driver licence or learner permit which authorises the person to drive that category of motor vehicle; or

(b) holds a licence or permit issued in another State, a Territory or another country and is authorised by the regulations to drive that category of motor vehicle; or

(c) is otherwise authorised by the regulations to drive that category of motor vehicle.”

What are the Penalties of Driving Without Licence?

Driving without a licence in Australia is a serious offence. Previous years’ data have shown that the number of drivers involved in deadly road accidents is high among those without a licence. The Penalties and fines for driving without a licence depend on the gravity of the offence. The following are the penalties in the different states and territories of Australia.

What are the Penalties of Driving Without a Licence in Victoria?

Following are different offences, penalties, and fines associated with driving without a licence in Victoria.

1. Driving without a valid licence

If your licence has yet to be renewed or you are not eligible to hold a licence but are still driving a vehicle, you will be imprisoned for up to six months or face a fine of up to $9,500. This penalty will be implemented if you are not driving but allow another person to drive your vehicle without a valid licence.

If you’re a first-time offender and your licence was not cancelled because of any sort of violation, your penalties will be reduced. However, you might still face a fine of up to $1470 and imprisonment for up to one month in jail. You can better deal with the situation by hiring a traffic offence lawyer.

2. Driving with a disqualified or suspended licence

If your licence is disqualified because you have been driving under the influence multiple times and you are convicted of driving without a licence, you will face a fine of up to $38,000 or two years of imprisonment. The same penalties will be implemented if your licence is suspended and you are found driving in Victoria. 

If you are a fully qualified driver, you don’t have to carry a driving licence with you. This condition will be implied if you are over 26 years of age. But if you are a learner driver, you must carry a licence. If you fail to comply with the conditions, you will be fined $155.

What are the Penalties of Driving Without a Licence in Queensland?

Different offences, penalties, and fines are associated with driving without a licence in Queensland.

1. Driving without a valid licence

If:

• Your licence has expired.
• You forgot to renew it.
• You never had a licence.
• You do not have a licence for the category of vehicle you were driving.

You will be violating the laws, and you will be served with an infringement notice, one penalty unit = $113.85. You might also end up in a courtroom for unlicensed driving. Fines for such offences can range from $2,200 to $5,500 ($4,500 – $6,800 for repeat offences) and imprisonment up to 12 months.

2. Driving with a disqualified or suspended licence

If you are convicted of driving a vehicle while your licence is disqualified, the court will increase your disqualification tenure by two to five years. You can also face jail for up to 18 months and a maximum fine of 60 penalty units. If you drive with a suspended licence, you will be disqualified for one to six months. You may also face imprisonment for up to 12 months.

3. Driving on a withdrawn licence

The fine for breaking the three-month residence requirement is $261, and $522 if you are considered physically incapable of operating a vehicle. In Queensland, you are not required to carry your licence, but if a police officer asks to see it, you must provide it to them within 48 hours. Only those with temporary licences must keep their licences on them. There is a $150 punishment if that is not produced.

What are the Penalties of Driving Without a Licence in New South Wales?

1. Driving with an invalid licence 

If you are convicted of driving without a valid licence in New South Wales, the maximum fine will be $2,200 – $5,500, with imprisonment of six to twelve months. If you are a new licence holder or a first-time offender, you will get a $796 fine. But if you are a subsequent offender, you will face a maximum penalty of $2,200-$3,300 court-imposed fine and a six-month imprisonment. You will also be disqualified for 12 months, increasing to three years if you commit multiple offences. 

2. Driving with a disqualified or suspended licence

The maximum fine for a first offence is $3,300, and the potential jail sentence is six months if you are found driving on a suspended, revoked, or disqualified licence. The penalty for further offences is $5,500 and a year in prison. For a further six to twelve months, you could be automatically disqualified. The three-month disqualification term applies if the suspension resulted from failure to pay a fine.

The two-year disqualification period applies to future offences. The disqualification period will be extended to five years for multiple crimes. In New South Wales, a driver’s licence is a requirement for all drivers. There is a $110 fine for not doing so.

What are the Penalties of Driving Without a Licence in Australian Central Territory?

1. Driving unlicensed

The maximum penalty for a first-time traffic law offender in Australian Central territory is a $3,000 fine with an infringement notice of $534. You will face the same penalties if this is the first time you have held a driver’s licence. For a multiple-time offender, the maximum penalty is $7,500 with six months imprisonment.

2. Driving with a disqualified or suspended licence

The maximum penalty for driving when disqualified is $7,500, including six months of imprisonment and an additional 12 months of disqualification. If you are convicted of a subsequent offence, the maximum penalty is $15,000, which includes 12 months of imprisonment and an additional 12-24 months of disqualification.

3. Driving with a cancelled licence or licence application refusal

The maximum penalty for driving with a cancelled licence is a $7,500 fine and six months imprisonment or both. You will also receive an automatic disqualification for 12 months.

What are the Penalties of Driving Without a Licence in Southern Australia?

1. Driving unlicensed

If you are caught driving unlicensed after committing a serious offence (drink driving), the fine is $5,000 or 12 months jail with a minimum disqualification period of three years. If you have never held a driver’s licence, the maximum penalty is $2,500. If you re-offend, you face a $5,000 fine, 12 months in jail, and a minimum disqualification from driving of three years.

2. Driving with a disqualified or suspended licence

The penalty for driving on a disqualified or suspended licence is six months in jail for the first offence and two years for subsequent offences. You don’t have to carry your licence with you in South Australia but must produce it within 48 hours if asked by a police officer.

What are the Penalties of Driving Without a Licence in Western Australia?

1. Driving without a valid licence

The maximum penalty for driving without a licence is $300 for the first offence and $600 for subsequent offences, with up to 18 months in jail. If you drive unlicensed or allow an unlicensed driver to drive your car, it can be impounded, with the owner paying all costs.

2. Driving with a disqualified or suspended licence

The penalty for a first-time offence is $400-$2000 with a prison term of up to 12 months. Subsequent indiscretions will garner fines of between $1,000 and $4,000 and a prison term of up to 18 months. You can also be disqualified for a further three years.

If the suspension is for not paying fines, the penalty can range from $200 – $1,500, with a jail term of up to 12 months. You don’t have to carry your licence in WA but must present it at a police station within a reasonable time.

What are the Penalties of Driving Without a Licence in Northern Territory?

1. Driving without a valid licence

If it has been less than two months from the licence expiry date, you will receive an infringement of $200. Otherwise, the maximum penalty is $2980 or 12 months in jail. A court may also disqualify you from driving for a period that it determines.

2. Driving with a disqualified or suspended licence

If you are disqualified from driving in the Northern Territory, the maximum penalty is 12 months in jail. If you were disqualified from driving in another State or Territory, a maximum fine of $2,980 or 12 months in jail may apply. If caught driving on a suspended licence, the maximum penalty is $2,980 or 12 months in jail. 

If your licence had been suspended for losing too many demerit points or defaulting on a fine, the police officer might choose to give you a caution. You must always carry your licence in the NT, even when accompanying a learner driver.

What are the Penalties of Driving Without a Licence in Tasmania?

1. Driving unlicensed

If you are caught driving unlicensed and it is your first offence, the maximum penalty is 20 penalty points (1 penalty = $140). Subsequent offences are 40 penalty points and three months in jail.

2. Driving with a disqualified or suspended licence

If you are caught driving while disqualified, you will be fined a maximum of $5,600 and have your licence suspended for three years. Subsequent offences attract a maximum of $11,200 fine, up to 12 months in jail, and a five-year suspension.

Driving on a suspended licence carries a maximum penalty of $4,200 and a three-month jail sentence. Further offences result in a fine of up to $8,400 and six months in jail. Drivers must have their licence on them or face a $50 fine. Discretion is given to people like farmers, who travel short distances between fields.

Conclusion

Driving without a licence is a criminal offence because it endangers your life and the lives of other people on the road. The ratio of road deaths is comparatively high among drivers without a licence in Australia. Therefore, the Australian government has taken the initiative to raise awareness among drivers and stricten the penalties to prevent people from committing lethal offences.

If you get on the road with a driving licence, you will get in trouble and surely need help from a qualified traffic offence lawyer to get you out of the scenario. Aussie Legal Partners has a team of expert traffic offence lawyers to help you navigate the trouble. Moreover, they can help you to revoke your licence.

Book a free initial consultation today and discuss the concerns of your case to figure out the best strategy for you.

FAQs

Can you use a photo of your licence in Australia?

You can use the photo of your licence instead of the actual licence in Australia. Because whether it’s the actual licence or a photograph of your licence, the information written on it can be seen in the same way.

Can you drive in another state if you lose your licence in Australia?

You cannot drive in another state if your driver’s licence has been suspended or disqualified in any state in Australia. Because driving without a licence is illegal in every state of Australia.

Can I drive with an expired licence in NSW?

If you are living in NSW and your licence expires, you must not drive until you have renewed it. It’s the driver’s responsibility to renew his/her licence on time.