Unlicensed driving

There are heavy penalties for driving without a licence, or driving a type of vehicle that your licence doesn't authorise you to drive. It is your responsibility to renew your licence by the due date.

Effective 28 October 2017.

Driving while disqualified, cancelled, suspended or refused - s54 Road Transport Act 2013

Note: Excludes suspension or cancellation under the Fines Act 1996.

PenaltyFirst offenceSecond or subsequent offence
Maximum court-imposed fine$3,300 (Maximum 30 penalty units)$5,500 (maximum 50 penalty units)
Maximum prison term6 months12 months
Minimum disqualification3 months6 months
Default period of disqualification6 months12 months

Driving with a cancelled or suspended licence – Non-payment of fine - s54(5) Road Transport Act 2013

PenaltyFirst offenceSecond or subsequent offence
Maximum court-imposed fine$3,300 (Maximum 30 penalty units)$5,500 (maximum 50 penalty units)
Maximum prison termN/A6 months
Minimum disqualification1 month3 months
Default period of disqualification3 months12 months

Never licensed – s 53 (3) Road Transport Act 2013

PenaltyFirst offenceSecond or subsequent offence
Fine$890N/A
Maximum court-imposed fine$2,200 (Maximum 30 penalty units)$3,300 (maximum 50 penalty units)
Maximum prison termN/A12 months
Minimum disqualificationN/A3 months
Default period of disqualificationN/A12 months

Other offences – with penalty infringement notices (fine) – s53(1) Road Transport Act 2013

OffenceMaximum court-issued fineFirst offenceSecond or subsequent offence
Class C, R, LR or MR - Driver held a licence but not one for the class of vehicle driven$2,200 (Maximum 20 penalty units)$581$890
Class HR, HC or MC - Driver held a licence but not one for the class of vehicle$2,200 (Maximum 20 penalty units)$697$1,393
Driver held a licence issued in another State or Territory, but has resided continuously in NSW during the previous 3 months$2,200 (Maximum 20 penalty units$581$890
Driver held a licence under the Act that had expired less than 2 years before$2,200 (Maximum 20 penalty units$581$890
Driver held a licence under the Act that had expired 2 years or more before$2,200 (Maximum 20 penalty units$697$1,393

A court can decide to make a disqualification period shorter or longer but it cannot be shorter than the minimum period specified for certain offences.

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