Charges
Unlicensed driving (never held a licence)
Road Transport Act 2013 (NSW) s 53(3); the general unlicensed driving offence is s 53(1)
What is the maximum penalty for unlicensed driving in NSW?
Maximum penalty. s 53(3): 20 penalty units for a first offence; 30 penalty units or imprisonment for 6 months or both for a second or subsequent offence, stated by the Judicial Commission as $2,200 and $3,300. Disqualification: under s 205A a second or subsequent s 53(3) offence carries an automatic disqualification of 12 months, with a minimum of 3 months if the court orders a shorter period. A first s 53(3) offence is not in the s 205A Table, so there is no automatic disqualification for a first offence. The ordinary unlicensed driving offence in s 53(1) carries 20 penalty units and no term of imprisonment.
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
This offence is committed by a person who has never been licensed and who drives a motor vehicle on a road without holding the licence required for that driving. The Act treats a person as never licensed if they have held no Australian driver licence of any kind for the five years immediately before the offence. It is a more serious version of ordinary unlicensed driving, because a second or later offence can attract imprisonment and an automatic disqualification.
How it is dealt with
Summary, dealt with in the Local Court
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
Related charges
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