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Driving without a licence

Under section 74 of the Motor Vehicles Act 1959 (SA) , it is an offence to drive a motor vehicle on a road without a valid licence.

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:

  1. the person holds a licence authorising him/her to drive a vehicle of that class;
  2. 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
  3. 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:

  1. driving without ever having been authorised; or
  2. 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.

Driving without a licence  :  Last Revised: Thu Sep 7th 2017
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