What is unlicensed driving?
In Queensland it is an offence to drive a motor vehicle without holding a valid driver licence. A person is charged with this offence in a number of circumstances which are outlined below. If convicted, unlicensed driving will remain on your criminal record and traffic record.
If you have been disqualified from holding a driver’s license by the courts, you may be eligible to apply for a restricted license. There are two main types of restricted license – Work Licenses and Special Hardship Order Restricted Licenses.
Restricted License
To be eligible for a Work License, the court must be convinced that, without a driver’s license, you or your family would experience “extreme hardship” due to a loss of livelihood.
Work Licenses can be restricted in a number of ways, including the class of vehicle you are allowed to drive, the purpose for the vehicle being driven, and the time period you are allowed to drive within. Special Hardship Orders are similar, but they are for a reason other than the threat of loss of livelihood.
The law is very strict about the criteria for license appeals. There are a number of tests that you must pass as an unlicensed driver, and your appeal must be made within a strict time limit. We recommend that you contact an experienced traffic lawyer as soon as possible once your license is suspended.
What kind of penalty will I be given for this offence?
The penalty for driving without a valid licence in Queensland attracts a maximum penalty of 40 penalty units or 1-year imprisonment. However, if the driver is unlicensed due to disqualification, the maximum penalty increases to 60 penalty units or 18 months imprisonment.
The legislation requires a period of mandatory disqualification. This means that the courts have no choice but to impose at least a minimum period of disqualification stated in the legislation.
The below table sets out some of the circumstances in which people can be charged with this offence and the penalties that apply:
It is important to remember that the maximum penalties are reserved for the most serious examples of offences. Courts will consider a number of factors including your traffic history and personal circumstances before deciding the appropriate penalty in your case.