Drive unlicensed
Road Transport Act 2013 (NSW) s 53(1)
Get advice first
- Hanna Legal — for advice about your matter, call (02) 9268 0444.
- Aboriginal Legal Service — Custody Notification Service 1800 765 767.
For advice about your matter, speak to Hanna Legal on (02) 9268 0444.
This page is sourced to the Act and section shown below and has been reviewed by Hanna Legal. It explains the law in general terms and does not tell you what to do in your own matter, and it does not create a lawyer–client relationship. Always confirm the current law and speak to Hanna Legal about your situation.
What it is, in plain English
A person drives a motor vehicle on a road without being licensed for that purpose, unless exempted by the statutory rules.
What the police must prove (the elements)
For a person to be found guilty, the prosecution must prove each of these beyond reasonable doubt. If even one cannot be proved, the charge should fail.
- You drove a motor vehicle, or permitted or employed another person to drive a motor vehicle
- On a road
- Without being licensed for that class of vehicle (no valid licence)
- And you were not exempted by the statutory rules
Which court & maximum penalty
This is a summary offence — it is finalised in the NSW Local Court by a judge. There is no committal, no jury and no election to the District Court.
Maximum penalty: 20 penalty units ($2,200) — fine only, no imprisonment. No mandatory disqualification; the court has a discretion (s 204).
Time limits
Summary offences in NSW must generally be started (a court attendance notice issued) within 6 months of the alleged offence, unless the relevant law sets a different period (Criminal Procedure Act 1986 (NSW) s 179). Some offences have their own time limit, so this is a guide only.
Read the law
Opens the official NSW legislation website. Court Pilot's summary is a guide only — confirm against the in-force text.