What is Unlicensed Driving?

You may be charged with this offence if you are caught driving on the road without a valid licence.
This includes people who have never held a driver license and those who have not held a valid license of any kind in Australia in the 5 years prior to the offence.


What are the penalties for unlicensed driving in NSW?

The penalties for unlicensed driving can be severe, especially if it is your second offence in five years.


Unlicensed Driving Penalties NSW
First major offence within 5 years
Maximum fine$2,200
Mandatory disqualificationAt discretion of the court
Maximum prison sentenceN/A
Second major offence within 5 years
Maximum fine$3,300
Mandatory disqualification3 years
Maximum prison sentence18 months


However, despite the seriousness of the charge, it may be possible to avoid having a criminal conviction recorded against you by arguing for a section 10.


How severe is the charge against you?

This offence comes with the possibility of a prison sentence, depending on the circumstances. Driving without a licence is taken seriously by the court, particularly in cases where you may not have the same knowledge or driving skills as other road users. This might be because you have not had any driving experience at all, you’re unfamiliar with NSW road rules, or you’re out of practice because your licence has expired.


Traffic Offender Intervention Program

If you are charged with unlicensed driving, you might be able to obtain a lighter sentence if you attend the Traffic Offender Intervention Program. This course provides further education about various matters relating to traffic offences and the consequences of breaking the law.