Penalty - if previously authorised to drive
If the driver has previously been authorised to drive a vehicle of the relevant class on a road, the maximum penalty is $1250.
In this section, "authorised to drive a motor vehicle of a particular class on a road" means:
- the person holds a licence authorising him/her to drive a vehicle of that class;
- the person holds a licence for a different class, and has sufficient driving experience for the grant of a licence authorising him/her to drive a vehicle of that class; or
- the person holds a learner's permit.
The authorisation may be under the law of any Australian State or Territory.
Penalty - if never been authorised to drive
If the driver is not and has never been authorised to drive a vehicle of that class, the maximum penalty is $2500. But if the driver has never been authorised and is convicted of driving without a licence a second or subsequent time within 3 years of an earlier offence of:
- driving without ever having been authorised; or
- driving while disqualified
there is a mandatory minimum 3 year licence disqualification, in addition to a maximum penalty of $5000 or imprisonment for 1 year.
Where a driver has committed a serious drink drive offence, serves a period of disqualification and then drives without renewing their licence, they will be subject to the maximum penalty for driving unlicensed i.e. $5000 or imprisonment for 1 year, as well as the mandatory minimum 3 year licence disqualification [Motor Vehicles Act 1959 (SA) s 74(2a)].
See also Mandatory alcohol interlock scheme.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.