It is an offence in New South Wales to drive a motor vehicle if you are not licensed to do so or are exempt from holding a licence. It is also an offence to employ or permit any person not so licensed to drive a motor vehicle and if they are not exempt from holding a licence.
People that are charged with the offence of driving while unlicensed often fall into one of the following categories:
Penalties for 'drive while unlicensed'
There are a variety of penalties for driving while unlicenced. The penalties differ for drivers that have never been licensed and for drivers that hold a drivers licence but were not permitted to drive a certain licence class which they did.
The penalties for those that were never licensed are as follows:
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PENALTIES
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FIRST OFFENCE
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SECOND OR SUBSEQUENT OFFENCE
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Traffic Infringement Notice
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$609
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Not applicable
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Maximum court-imposed fine
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$2,200
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$3,300
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Maximum gaol term
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Not applicable
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18 months
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Mandatory disqualification and without any specific court order
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Court decision
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3 years
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The penalties for those that were driving a motor vehicle in a class to which they were not authorised to are as follows:
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OFFENCE
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FIRST OFFENCE
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SECOND OR SUBSEQUENT OFFENCE
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Not appropriate licence class - Class of vehicle driven falling in class C, R, LR or MR
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Traffic Infringement Notice $397
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Traffic Infringement Notice $609
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Not appropriate licence class - Class of vehicle driven falling in class HR, HC, or MC
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Traffic Infringement Notice $477
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Traffic Infringement Notice $954
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Holder of a provisional rider licence drives a motorcycle with engine capacity greater than 660 ml or a power to weight ratio greater than 150 kilowatts per tonne
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Traffic Infringement Notice $397
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Traffic Infringement Notice $609
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The penalties for those that were driving with an expired licence are as follows:
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OFFENCE
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FIRST OFFENCE
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SECOND OR SUBSEQUENT OFFENCE
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Driver held a licence that had expired less than 2 years before
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Traffic Infringement Notice $397
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Traffic Infringement Notice $609
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Driver held a licence that had expired 2 years or more before
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Traffic Infringement Notice $477
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Traffic Infringement Notice $954
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The penalties for a driver that held a licence in another State or Territory but were living in New South Wales for at least 3 months are as follows:
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OFFENCE
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FIRST OFFENCE
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SECOND OR SUBSEQUENT OFFENCE
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Driver held licence in other State or Territory but lived in NSW for 3 months
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Traffic Infringement Notice $397
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Traffic Infringement Notice $609
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Defending a charge of ‘drive while unlicensed’
There are a number of defences to this charge including:
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Duress.
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Necessity.
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Honest and reasonable belief that you held a licence.
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Challenging the legitimacy of the charge on legal technicalities.
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Convincing the court that you were not the driver.
How can Prime Lawyers help?
Our traffic lawyers have a wealth of experience and knowledge in this field of law. If you are pleading guilty to a drive while unlicensed charge we are able to appear at Court with you and make submissions to the court in an attempt to lessen the penalty that the Court imposes.
If you wish to defend the charge we can advise you of your chances of successfully defending the matter. Our traffic lawyers have extensive experience in presenting these matters to the court and their assistance will give you the greatest chance of obtaining a successful result.
Please contact our firm on (02) 9521 2222 to speak with one of our traffic lawyers today. Alternatively send your enquiry online now and we will contact you shortly.
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They have never held a licence.
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Their licence expired and was never renewed.
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They hold a licence in another state or country but were not permitted to drive in New South Wales.
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They hold a licence for a certain class of vehicle but have been caught driving another class of vehicle.