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Unlicensed Driving

Driving – Other Traffic Offences – VIC

Welcome to the VIC Unlicensed driving article page. Everything you need to know about Unlicensed driving according to VIC law.

What the Law States according to VIC Law for Unlicensed driving

According to VIC Law for the charge of Unlicensed driving,

Road Safety Act 1986 – SECT 18
Offence if driver not licensed

18. Offence if driver not licensed

(1) A person who drives a motor vehicle on a highway-

(a) without holding a driver licence or permit which authorises the holder to drive such a motor vehicle (unless exempted under the regulations); or

(b) in breach of any condition of a driver licence or permit; or

(c) being a person who is exempted under the regulations from the requirements of paragraph (a) because he or she holds an appropriate licence or permit issued in another State, Territory or country, in breach of any condition of that licence or permit-

is guilty of an offence and

(2) If the court is satisfied-

(a) that the person has held an appropriate licence (whether issued in Victoria or in another State or Territory) or an International Driving Permit at some time before the commission of an offence against subsection (1); and

(b) that the licence was not cancelled for an offence relating to the driving of a motor vehicle committed by the person in Victoria or in another State or Territory-

(3) If the court is satisfied, in the case of a person who drove a motor vehicle on a highway in the circumstances referred to in subsection (1)(a), that the person may have been subject to a direction under section 50AAA(1A) or 50AAA(3A) or would have been subject to a direction under section 50AAA(2), 50AAA(2A) or 50AAA(3)(b) had the person applied under section 50(4) for an order as to the issue of a driver licence or permit or, having applied under that section, had the court not refused to make the order sought, that person is liable to a fine of not more than 30 penalty units or to imprisonment for a term of not more than 4 months.

(4) If subsection (3) applies, the court may, if it considers it appropriate to do so, order that the motor vehicle concerned be immobilised (whether by wheel clamps or any other means) for a period specified in the order of up to 12 months.

(5) An order under subsection (4) may be made subject to specified conditions.

(6) The court may make an order under subsection (4) whether the motor vehicle is owned by the offender or another person.

(7) If the court considers that another person, who is not present at the hearing concerning the making of an order under subsection (4), may be substantially affected by such an order, the court must issue a summons to that other person to show cause why the order should not be made.

(8) On return of the summons, the court may, after hearing the evidence brought before it, make or refuse to make the order.

The Maximum Penalty – Unlicensed driving

According to VIC Law for the charge of Unlicensed driving:

(1) 3 months / 25 penalty units
(2) 1 month / 10 penalty units
(3) 4 months / 30 penalty units / immobilise vehicle.

What the Police must prove according to VIC Law for Unlicensed driving

1. A person drove a motor vehicle on a highway.
2. The person was unlicensed or was driving in breach of a condition of a licence.

Possible Defences under VIC Law – Unlicensed driving

(a) Factual dispute
(b) Emergency

In VIC which court will hear the matter – Unlicensed driving

Magistrates’ Court

Other Terms/Street Names for the Offence – Unlicenced Driving

Drive unlicensed, drive unlicenced, unlicenced driving, driving with no licence, caught driving unlicenced, lost licence, drove without a licence

 

Date: 09/01/2009

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