Driving without a licence NSW
Driving while your licence is disqualified, suspended or cancelled, or when you have never had a licence carries potentially very heavy penalties.
This is especially true when they are combined with other offences, such as speeding or drink driving.
The courts also have a general power to disqualify a licence where a person is convicted of an offence under road transport legislation.
This often occurs where a driver is convicted of a PCA (prescribed concentration of alcohol), drug driving, or speeding offence.
Driving without a licence offences NSW
The main offences relating to driving while unlicensed are:
– Driving while licence is disqualified
– Driving while licence is suspended
– Driving while licence is cancelled
– Driving while licence is suspended or cancelled under section 66 of the Fines Act (that is, it has been suspended or disqualified due to the existence of unpaid fines)
– Driving while never licensed. This means where no licence of any kind has been held in Australia by the defendant in the 5 years preceding the offence
Driving without a licence penalties
The following tables outline the penalties applicable to unlicensed driving:
First offence
| Offence | Fine | Imprisonment | Automatic disqualification |
| Drive while disqualified | $3,300 | 18 months | 12 months |
| Drive while suspended | $3,300 | 18 months | 12 months |
| Drive while cancelled | $3,300 | 18 months | 12 months |
| Drive while suspended/cancelled under s 66 Fines Act | $3,300 | 18 months | 3 months
S 25A(3B)(7), (10)(b) |
| Drive while never licenced | $2,200 | Not specified. See general penalty provisions. | Not specified. See general penalty provisions. |
Second or subsequent offences
| Offence | Fine | Imprisonment | Automatic disqualification |
| Drive while disqualified | $5,500 | 2 years | 2 years |
| Drive while suspended | $5,500 | 2 years | 2 years |
| Drive while cancelled | $5,500 | 2 years | 2 years |
| Drive while suspended/cancelled under s 66 Fines Act | $5,500 | 2 years | 2 years |
| Drive while never licenced | $3,300 | 18 months | 3 years |
