Driving Unlicensed in Victoria

Driving Unlicensed in Victoria: What YouNeed to Know

Driving without a valid licence—or in breach of a licence condition—is a serious criminal offence under Section 18 of the Road Safety Act 1986. Whether you’ve let your licence expire, are behind on fines, or never applied to get a licence, the courts treat “unlicensed driving” harshly. At William Archer Defence Lawyers, we focus almost exclusively on traffic matters and have helped thousands of Victorians protect their licences and avoid harsh penalties.

What Is “Unlicensed Driving”?

In Victoria, you can be charged for unlicensed driving if you:

• Never held an appropriate licence (e.g. learner, probationary or full licence)
• Breached a specific licence condition, such as driving only certain vehicle types
• Didn’t convert to a Victorian licence after moving here from interstate or overseas

Because it’s a summary offence, cases go to the Magistrates’ Court—but penalties can still include hefty fines, vehicle impoundment or even jail time in repeat or aggravated situations.

Your Court Process: What to Expect

1. Summons & Appearance: You’ll receive a court summons—attending on time is crucial.
2. Plea Options:
   • Guilty plea: Often leads to reduced penalties for early acceptance.
   • Not guilty plea: Triggers a summary case conference; evidence is exchanged with the prosecution and a contested hearing date set.
3. Evidence & Witnesses: Your lawyer will gather proof: VicRoads correspondence, medical records, dash-cam or GPS data, and any character references.
4. Sentencing Hearing: The Magistrate considers: offence seriousness, your driving history, personal circumstances and mitigating evidence before deciding the fine, driving ban or other orders.
5. Appeal Rights: Unhappy with the outcome? You have 28 days to appeal to the County Court—but beware: an unsuccessful appeal can lead to harsher penalties.

How We Defend Your Unlicensed Driving Charge

1. Free Case Assessment: We review your VicRoads record and any court documents at no cost.
2. Clear Defence Strategy: You’ll get a plan outlining every step—evidence to gather, likely outcomes, and timeline.
3. Professional Representation: We appear for you at every hearing, from case conferences to contested trials.
4. Licence Restoration Support: After court, we guide you through the VicRoads re-licensing process to get you back on the road fast.

Get Expert Traffic-Law Help Today

Don’t gamble with your licence. Contact William Archer Defence Lawyers now for a free 15-minute assessment.
1800 351 114 | info@williamarcher.com.au
We’re Victoria’s traffic-law experts—focused 100% on defending your driving rights.

Legislation

(1) A person must not drive a motor vehicle…unless the person—

(a) holds a driver licence; or
(b) holds a licence in another State…; or
(c) is otherwise authorised by the regulations to drive that category of motor
vehicle.

(1A) (1A) Unless subsection (2), (2A) or (3) applies, a person who commits an offence under subsection (1) is liable to a penalty not exceeding 60 penalty units or to imprisonment for not more than 6 months.

(2) If the court is satisfied—

(a) the person held an applicable driver licence or learner permit at some time before the commission of an offence under subsection (1) but, at the time of the commission of that offence, the person had not held an applicable driver licence or learner permit for a period not exceeding 6 months solely because the person had not renewed the applicable driver licence or learner permit; and

(b) the applicable driver licence or learner permit was not cancelled for an offence relating to the driving of a motor vehicle committed by the person—

then the person is liable to a penalty not exceeding 20 penalty units or to imprisonment for not more than one month.

(2A) If the court is satisfied—

(a) the person—

(i) at some time within 6 months before the commission of an offence under subsection (1)—

(A) held an Australian driver licence…; and
(B) was, under the regulations, authorised to drive the motor vehicle; and

(ii) at the time of the commission of the offence under subsection (1), had resided in Victoria for a period of 12 months or less; and

(b) the licence or permit was not cancelled for an offence…

the person is liable to a penalty not exceeding 20 penalty units or to imprisonment for not more than one month.

(3) The person is liable to a penalty not exceeding 240 penalty units or to imprisonment for not more than 2 years if the court is satisfied that—

(a) the person was disqualified under this Act or the Sentencing Act 1991 from obtaining a driver licence or learner permit; and
(b) the person has ceased to be disqualified from obtaining a driver licence or learner permit; and
(c) were the person to hold a driver licence or learner permit, an alcohol interlock condition may be imposed on the driver licence or learner permit.

(4) If subsection (3) applies, the court may, if it considers it appropriate to do so, order that the motor vehicle concerned be immobilised (whether by wheel clamps or any other means) for a period specified in the order of up to 12 months.

(5) An order under subsection (4) may be made subject to specified conditions.

(6) The court may make an order under subsection (4) whether the motor vehicle is owned by the offender or another person.

(7) If the court considers that another person, who is not present at the hearing concerning the making of an order under subsection (4), may be substantially affected by such an order, the court must issue a summons to that other person to show cause why the order should not be made.

(8) On return of the summons, the court may, after hearing the evidence brought before it, make or refuse to make the order.

(9) In this section—,
“applicable driver licence or learner permit” means a driver licence or learner permit which authorises the person to drive a category of motor vehicle which includes the motor vehicle driven by the person.