New South Wales Consolidated Acts

ROAD TRANSPORT (DRIVER LICENSING) ACT 1998 - SECT 25

25 Driver must be licensed

(1) A person must not, unless exempted by the regulations:

(a) drive a motor vehicle on any road or road related area without being licensed for that purpose, or

(b) employ or permit any person not so licensed to drive a motor vehicle on any road or road related area.

Maximum penalty: 20 penalty units.

(2) A person who has never been licensed must not, unless exempted by the regulations, drive a motor vehicle on any road or road related area without being licensed for that purpose.

Maximum penalty: 20 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for a period 18 months or both (in the case of a second or subsequent offence).

(3) If a person is convicted of an offence under subsection (2) (being a second or subsequent offence), the person is disqualified by the conviction (and without any specific order) for a period of 3 years from holding a driver licence. The disqualification is in addition to any penalty imposed for the offence.

Note: Section 189 of the Road Transport (General) Act 2005 provides for the effect of a disqualification (whether or not by order of a court).

(4) For the purposes of subsection (2), a person has not been licensed in connection with an offence if the person has not held a driver licence (or equivalent) of any kind in Australia for the period of at least 5 years immediately before being convicted of the offence.

(5) An offence under this section is a second or subsequent offence for the purposes of this section if:

(a) it is the second or subsequent occasion on which the person is convicted of an offence against this section within the period of 5 years immediately before the person is convicted of the offence, or

(b) within the period of 5 years immediately before the person is convicted of the offence, the person was convicted of:

(i) an offence under section 6 (1C) or 7A of the Traffic Act 1909 (as in force before its repeal), or

(ii) an offence under section 25 (2).

(6) A person who has never been licensed cannot be convicted under both this section and section 25A in respect of driving on the same occasion. However, nothing in this section prevents the person from being convicted of an offence under section 25A in respect of driving that constitutes an offence under this section.

(7) A person cannot be convicted under both subsection (1) (a) and (2) in respect of driving on the same occasion. A person charged with an offence under subsection (2) can be convicted instead of an offence under subsection (1) (a), but a person charged with an offence under subsection (1) (a) cannot be convicted instead of an offence under subsection (2).

(8) Subsection (1) does not apply to or in respect of a light rail vehicle within the meaning of the Road Transport (Safety and Traffic Management) Act 1999 .