As driving continuously becomes a common skill, the ability to drive in Australia is no longer a want but a need. No matter where you drive in Australia, you are required to have a valid licence in order to drive on the road.
According to the Transport Operations (Road Use Management) Act 1995 (Qld), driving without an appropriate licence constitutes a traffic offence.
We recommend that you seek legal advice as soon as possible if you have been charged with unlicensed driving.
People may be charged with unlicensed driving due to various reasons.
The typical circumstances include:
Your driver licence may be suspended if you:
If you drive a motor vehicle in Queensland while your licence is suspended due to the above reasons, you will be dealt with by a Court for unlicensed driving.
If you are convicted of unlicensed driving, the Court must disqualify you from holding a driver licence for a minimum of 1 month period or a maximum of 6 months period. The Court may also impose a fine or imprisonment on you.
Your driver’s licence may be disqualified if you are convicted in one of the following offences:
If you drive a motor vehicle in Queensland when your driver licence is disqualified, you will be charged with disqualified driving.
Once convicted of disqualified driving, your driver’s licence will be disqualified from a minimum of 2 years to a maximum 5 years period. You may also receive a fine or imprisonment.
Generally, unlicensed driving may attract a penalty or licence disqualification. The court will consider the seriousness of the circumstances when deciding the penalty.
Please refer to the following table:
|Offence||Circumstances||Mandatory licence disqualification||Maximum Penalty|
|Unlicensed driving||First time offender with no history of licence disqualification or suspension||Disqualification is not mandatory.||40 penalty units or 1 year imprisonment|
|Never held a driver licence||3 months||40 penalty units or 1 year imprisonment|
|Demerit points suspension||6 months||40 penalty units or 1 year imprisonment|
|High speed (exceed speed limit by more than 40 km/h) suspension||6 months||40 penalty units or 1 year imprisonment|
|SPER Suspension||1 – 6 months||40 penalty units or 1 year imprisonment|
|Prior conviction of unlicensed driving in the past 5 years||1 – 6 months||40 penalty units or 1 year imprisonment|
|Disqualified driving||Disqualified by court order||2 – 5 years||60 penalty units or 1 year imprisonment|
|Disqualified due to drink driving under s79B||2 – 5 years||40 penalty units or 1 year imprisonment|
Please note the following:
Losing your driver licence can be troublesome as it may affect your daily routine and work. If you are currently facing a charge, please do not hesitate to seek professional legal advice from our experienced traffic lawyers.