Amendments to the Transport Operations (Road Use Management) Act 1995 will increase the penalty for unlicensed driving where a person has never held a driver licence.
Current Law
Pursuant to section 78 of the Transport Operations (Road Use Management) Act 1995, A person must not drive a motor vehicle on a road unless the person holds a driver licence authorising the person to drive the vehicle on the road.
Maximum penalty—
- (a) if the person committed the offence while the person was disqualified, by any court order, from holding or obtaining a driver licence—60 penalty units or 18 months imprisonment; or
- (b) otherwise—40 penalty units or 1 year’s imprisonment.
Proposed Law
The Transport and Other Legislation Amendment Bill 2014 amends section 78 of the Transport Operations (Road Use Management) Act 1995 to impose a three (3) month disqualification.
Cumulative Disqualification.
Section 90C of the Transport Operations (Road Use Management) Act 1995 provides for driver licence disqualifications to apply cumulatively where a person is disqualified from driving as a result of both drink or drug driving and unlicensed driving.
The new licensing disqualification (where the person has never held a driver licence) is to be treated as a cumulative disqualification.
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