Unlicensed Driving in QLD

 

It is an offence under Queensland law to drive a motor vehicle when you do not hold a driver's licence. Unlicensed driving is classified as a simple offence and will therefore be heard and decided in the Magistrates Court. The maximum penalty for this offence will depend on a variety of circumstances. 

If no relevant circumstance exists, the maximum penalty you can receive is 40 penalty units or one-year imprisonment.

An infringement notice is a ticket issued on the spot or sent through the mail. Police have the discretion to issue only an infringement notice where in the five years before committing the offence, you have not been convicted of a related driving offence. If you only receive an infringement notice, you will not need to attend court, and the maximum penalty you can receive is 40 penalty units.

Will I Have to Go To Court for Driving Unlicensed?

You will be required to attend court to have your matter dealt with if any of the following circumstances apply:

  • You have never held a driver's licence when committing the offence.

  • If, in the two years before committing the offence, you were convicted and disqualified from driving because you committed a drink driving offence, and you did not become an interlock driver because you were not granted a driver's licence after your disqualification period for drink driving ended. 

  • You had been an interlock driver but did not hold a valid Queensland driver's licence when you committed the offence. Your interlock period had not ended unless your driver's licence expired within four weeks of when you committed the offence.

If you commit the offence of unlicensed driving while you are a disqualified driver, or a repeat unlicensed driver for the offence, the court will take a range of factors into account when deciding what penalty to impose on you. If this is your situation, speaking to an experienced criminal lawyer is a sensible first step. You are considered a repeat unlicensed driver for the offence if you have committed the same offence in the five years before. 

The factors the court will consider are:

All of the circumstances of the case, including circumstances of aggravation or mitigation

  • The public interest

  • Your criminal and traffic history

  • Your medical history

  • Your mental or physical capacity

  • If you committed any associated or further offences while the unlicensed driving offence was committed

  • Any other matters the court considers relevant

Potential Penalties

If you are convicted of unlicensed driving, in certain circumstances, the court must disqualify you from holding or obtaining a Queensland driver's licence for a specified period of time: 

  • You committed the offence while a court disqualified you from holding or obtaining a driver's licence - two years, but not more than five years.

  • You committed the offence while disqualified from holding or obtaining a driver's licence because of the allocation of demerit points - for six months.

  • You committed the offence while your authority to drive on a Queensland road under a non-Queensland driver's licence was suspended because of the allocation of demerit points - six months.

  • You committed the offence while disqualified from holding or obtaining a driver's licence because you had been convicted of an offence for driving more than 40km per hour over the speed limit - six months.

  • You committed the offence while your authority to drive on a Queensland road under a non-Queensland driver's licence was suspended because you were convicted of an offence for driving more than 40km per hour over the speed limit - six months.

  • You committed the offence while your licence was suspended under the State Penalties Enforcement Act 1999 - At least one month, but not more than six months.

  • If you have a prior unlicensed driving offence in the last five years - At least one month, but not more than six months

  • If you committed the offence while your licence was suspended, disqualified, or your authority to drive on a Queensland road under a non-Queensland driver's licence was suspended, under s 79B of the Transport Operations (Road Use Management) Act 1995 - At least two years, but not more than five years.

  • If you have a history of drink driving and have been convicted and disqualified from driving in the two years preceding your current offence, and if you did not become an interlock driver because your application for a driver's license was rejected after your disqualification period for drink driving ended, then you can expect to face a penalty of at least one month but no more than six months.

  • You had been an interlock driver, but at the time when you committed the offence, you did not hold a valid Queensland driver's licence, and your interlock period had not ended unless your driver's licence expired within four weeks of when you committed the offence - At least one month, but not more than six months.

  • If at the time you committed the offence, you had never held a driver's licence - three months.

The mandatory disqualification periods in the above circumstances will apply regardless of whether a conviction was recorded or not for the offence. 

When is driving unlicensed a criminal offence?

There are circumstances where a repeat offender of unlicensed driving in QLD or repeatably driving with an expired license can get you into serious trouble, which could involve jail time. If you have a history of unlicensed driving charges and have just committed another offence, call us at (07) 3012 6531 or message us here.