It is an offence in New South Wales to drive a motor vehicle if you do not have a licence. People that are charged with the offence of driving while unlicensed are considered to be either never licenced to drive in New South Wales (a person is considered never to have been licensed if the person has not held a driver licence of any kind in Australia for the period of at least 5 years) or their licence has expired and was not renewed.
For the offence of unlicensed driving having never held a licence:
Maximum court imposed fine: 1 st offence - $2,200; subsequent offence - $3,300
Maximum gaol term: 1st offence - not applicable; subsequent offence - 18 months
Disqualification: 1st offence - not applicable; subsequent offence - mandatory 3 years
There are a variety of lesser penalties for driving while unlicenced. The penalties vary depending on how long a person has been unlicensed before the offence and whether they held a licence in anothr state or for another class of vehicle.
Most people require a driver licence for their work or daily responsibilities and keeping their licence is their primary concern. A court that is properly advised may exercise its discretion not to record a conviction (section 10 of the Crimes (Sentencing procedure) Act 1999). Not only will that result in the offender not incurring a fine or other penalty, it also means that their driver licence cannot be disqualified.
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