In Victoria, traffic offences are governed by the Road Safety Act 1986. Section 18 of that act makes it an offence to drive without a licence. The penalties that apply to this offence vary depending on the situation. This page deals with driving unlicensed in Victoria.
Offences of driving unlicensed
Driving unlicensed is an offence when a motor vehicle is driven on a road or road-related area. The offence is also committed when a person drives a type of vehicle they are not licensed to driver, even if they are licensed to drive other types of vehicles.
Driving unlicensed in a summary offence, meaning is it dealt with in the Magistrates Court.
Penalties for driving unlicensed
The penalties that apply to an offence of driving unlicensed depend on the circumstances of the offence.
If the person previously held a licence or learner permit but had been unlicensed at the time of the offence for a period of less than six months because they had not renewed it, the maximum penalty that applies is a fine of 20 penalty units or imprisonment for one month.
If the person previously held a driver’s licence or learner’s permit and was authorised to drive a motor vehicle, had lived in Victoria for the previous 12 months and their licence or learner’s permit was not cancelled for an offence, the maximum penalty that applies is a fine of 20 penalty units or imprisonment for one month.
If the person had been disqualified from obtaining a licence or learner’s permit but the disqualification period had finished and the person would have been subject to an alcohol interlock condition if they were to hold a licence, the maximum penalty that applies is a fine of 240 penalty units or imprisonment for two years.
In any case, the maximum penalty that applies for driving unlicensed is a fine of 60 penalty units or imprisonment for six months.
Driving whilst disqualified
If a person is subject to a period of licence disqualification and is caught driving, they will be charged with driving whilst disqualified rather than driving unlicensed. Driving whilst disqualified is a more serious offence as it involves disobeying a court order.
The offence of driving whilst disqualified carries a penalty of a fine of up to 240 penalty units or imprisonment for two years. It is common for terms of imprisonment to be imposed for this offence, particularly when the person is a repeat offender.
Pleading guilty to driving unlicensed in Victoria
When a person is charged with driving unlicensed, they may want to plead guilty. This can be done on the first occasion you attend court, or you can adjourn the matter to seek legal advice and gather supporting material.
It is important that you provide the court with all the information it needs when deciding on the appropriate penalty to impose. For example, if you are experiencing financial strain, make sure you inform the court of this so that it can be taken into account when deciding whether to impose a fine, and the amount of the fine.
Pleading not guilty to driving unlicensed in Victoria
When a person is charged with driving unlicensed, they may decide to plead not guilty.
When a person contests a driving offence, they must go through the same process as a person who is contesting criminal charges. The matter will proceed to a contested hearing and the prosecution will adduce evidence and seek to prove the offence beyond a reasonable doubt. The defence may also call evidence and the magistrate will decide whether the offence has been proven after hearing submissions from both parties.
The most common defence to driving unlicensed is that the accused had an honest and reasonable but mistaken belief that they held a valid licence at the time of the alleged offence. This may be because they did not receive a notice of suspension or because they were mistaken about when their licence expired.
Other defences to an unlicensed driving charge are that the accused was driving because of a sudden and extraordinary emergency situation or that they were driving under duress.
If you require legal advice or representation in any legal matter, please contact Taylor Rose.
