Drive never licensed

A person who has never been licensed (not held a driver licence of any kind in Australia for at least 5 years before the offence) drives a motor vehicle on a road without being licensed, unless exempted by the statutory rules.

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.

1. You had never been licensed — you had not held a driver licence of any kind in Australia in the 5 years immediately before the offence (s 53(5))
2. You drove a motor vehicle on a road
3. Without being licensed for that purpose
4. You were not exempted by the statutory rules

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: First offence: 20 penalty units ($2,200), no imprisonment. Second or subsequent: 30 penalty units ($3,300) or 6 months imprisonment. Automatic disqualification applies to a second or subsequent offence only: 12 months (minimum 3 months) (s 205A). DRAFT — confirm the s 53 figures with a NSW lawyer.

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.

Opens the official NSW legislation website. Court Pilot's summary is a guide only — confirm against the in-force text.