Unlicensed Driving

Types of unlicensed driving

• Never licensed
• Licence expired
• Overseas or interstate licence no longer valid in Victoria (for example after becoming a permanent resident and failing to convert within six months)
• Learner driving without a supervising driver or L plates
• Driving a vehicle outside your licence category or conditions, such as an interlock condition

Penalties

Penalties range from infringements to court-imposed fines. Repeated unlicensed driving can lead to impoundment of the vehicle. If your licence was suspended or cancelled or disqualified, a more serious charge applies.

Sentencing statistics

The figures below show how courts in Victoria have sentenced unlicensed driving charges. They come from the Sentencing Advisory Council’s SACStat database.

Magistrates’ Court

From 1 July 2020 to 30 June 2023, 19,896 charges (Road Safety Act 1986 (Vic) s 18(1)(a)) were sentenced in the Magistrates’ Court.

Where imprisonment was imposed, 88% of terms were under 12 months (most commonly under 3 months). The most common fine range was $500 to $1,000 (50% of 2,836 fines).

Source: Sentencing Advisory Council (Victoria), SACStat: Unlicensed driving (Magistrates’ Court). Figures restated and summarised by Tony Hannebery Lawyers; percentages may not total 100% due to rounding. The statistics describe past sentences across all cases and are a rough guide only. Your sentence will depend on the facts, your history and your personal circumstances.

Specific offences

Detailed guides to each charge, with what police must prove, maximum penalties, possible defences and sentencing statistics:

• Driving an Unregistered Vehicle

How we can help

Unlicensed driving is often a technical or administrative problem. We help clients regularise their licence and resolve the charge without a conviction where possible.

This page is general information about Victorian law only and is not legal advice. Every case is different. Speak to us about your situation.