MOTOR VEHICLES ACT 1959 - SECT 74
MOTOR VEHICLES ACT 1959 - SECT 74
74—Duty to hold licence or learner's permit
(1) Subject to this
Act, a person who—
(a)
drives a motor vehicle of a particular class on a road; and
(b) is
not authorised to drive a motor vehicle of that class on a road but has
previously been so authorised under this Act or the law of another State or a
Territory of the Commonwealth,
is guilty of an offence.
Maximum penalty: $1 250.
(2) Subject to this
Act, a person who—
(a)
drives a motor vehicle of a particular class on a road; and
(b) is
not and has never been authorised, under this Act or the law of another State
or a Territory of the Commonwealth, to drive a motor vehicle of that class on
a road,
is guilty of an offence.
Maximum penalty:
For a first offence—$2 500.
For a subsequent offence—$5 000 or imprisonment for 1 year.
(2a) Subject to this
Act, if a person—
(a)
drives a motor vehicle on a road; and
(b) has,
as a consequence of being convicted of a serious drink driving offence, been
disqualified from holding or obtaining a licence; and
(c) has
not, since the end of the period of that disqualification, been authorised,
under this Act or the law of another State or Territory of the Commonwealth,
to drive a motor vehicle,
the person is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
(2ab) Subject to this
Act, if—
(a) a
person drives a motor vehicle on a road; and
(b) the
person has been disqualified from holding or obtaining a licence or learner's
permit in this State, or in another State or Territory of the Commonwealth, as
a consequence of a drink driving offence or an alleged drink driving offence
(whether committed, or allegedly committed, in this State or in another State
or Territory of the Commonwealth); and
(c)
—
(i)
the drink driving offence or alleged
drink driving offence was an offence against section 47(1a), 47B(1a),
47E(3a) or 47I(7) of the Road Traffic Act 1961 ; or
(ii)
if the offence was a
prescribed drink driving offence—the person has—
(A) been convicted of at least 1 other
prescribed drink driving offence; or
(B) been convicted of or expiated at least
2 other drink driving offences,
committed or allegedly committed within the period of 5 years before the date
of commission or alleged commission of the offence; or
(iii)
in any other case—the person has been convicted of
or expiated at least 2 other drink driving offences committed or allegedly
committed within the period of 5 years before the date of commission or
alleged commission of the offence; and
(d) the
person has not, since the end of the period of the disqualification referred
to in paragraph (b), been authorised, under this Act or the law of
another State or Territory of the Commonwealth, to drive a motor vehicle,
the person is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
(2ac) Subject to this
Act, if—
(a) a
person drives a motor vehicle on a road; and
(b) the
person has been disqualified from holding or obtaining a licence or learner's
permit in this State, or in another State or Territory of the Commonwealth, as
a consequence of a drug driving offence or an alleged drug driving offence
(whether committed, or allegedly committed, in this State or in another State
or Territory of the Commonwealth); and
(c)
—
(i)
the drug driving offence or alleged drug driving offence
was an offence against section 47(1a), 47BA(1a), 47EAA(9a) or 47I(7) of
the Road Traffic Act 1961 ; or
(ii)
the person has been convicted of or expiated at least 1
other drug driving offence committed or allegedly committed within the period
of 5 years before the date of commission or alleged commission of the offence;
and
(d) the
person has not, since the end of the period of the disqualification referred
to in paragraph (b), been authorised, under this Act or the law of
another State or Territory of the Commonwealth, to drive a motor vehicle,
the person is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
(2b) An offence
against this section is not expiable if the maximum penalty for the offence is
$5 000 or imprisonment for 1 year.
(3) For the purposes
of this section, a person is authorised to drive a motor vehicle of a
particular class on a road if—
(a) in
the case of a motor bike—the person holds a licence or learner's permit
that authorises the holder to drive a motor bike of that class; or
(b) in
the case of a motor vehicle that is not a motor bike—
(i)
the person holds a licence that authorises the holder to
drive a motor vehicle of that class; or
(A) holds a licence; and
(B) has the minimum driving experience
required by the regulations for the grant of a licence that would authorise
the driving of a motor vehicle of that class; or
(iii)
the person holds a learner's permit that authorises the
holder to drive a motor vehicle of that class.
(4) When the holder of
a licence under this Act drives a motor vehicle on a road as authorised under
subsection (3)(b)(ii), the obligations imposed by section 75A(10) to
(19) (inclusive) on the holder of a learner's permit apply to the holder of
the licence as if the references in those provisions to a learner's permit or
permit were references to the licence.
(5) Where a court
convicts a person of an offence against this section for which the maximum
penalty is $5 000 or imprisonment for 1 year, the following provisions
apply:
(a) the
court must order that the person be disqualified from holding or obtaining a
driver's licence or learner's permit for such period, being not less than
3 years, as the court thinks fit;
(b) the
disqualification prescribed by paragraph (a) cannot be reduced or
mitigated in any way or be substituted by any other penalty or sentence;
(c) if
the person is the holder of a driver's licence or learner's permit—the
disqualification operates to cancel the licence or permit as from the
commencement of the period of disqualification.
(6) In determining
whether an offence is a first or subsequent offence for the purposes of
subsection (2), any previous offence against this section or
section 91(5) or (5a) for which the defendant has been convicted will be
taken into account, but only if the previous offence was committed within the
period of 3 years immediately preceding the date on which the offence under
consideration was committed.
(7) In this
section—
(a) a
reference to a drink driving offence includes a reference to an offence
against a law of another State or Territory of the Commonwealth that
corresponds to an offence against this Act that is within the ambit of the
definition of "drink driving offence" in section 5(1);
(b) a
reference to a drug driving offence includes a reference to an offence against
a law of another State or Territory of the Commonwealth that corresponds to an
offence against this Act that is within the ambit of the
definition of "drug driving offence" in section 5(1);
(c) a
reference to a prescribed drink driving offence includes a reference to an
offence against a law of another State or Territory of the Commonwealth that
corresponds to an offence against this Act that is within the ambit of the
definition of "prescribed drink driving offence" in section 5(1).