Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 18

Offence if driver not licensed

18. Offence if driver not licensed



(1) A person who drives a motor vehicle on a highway-





   (a)  without holding a driver licence or permit which authorises the holder
        to drive such a motor vehicle (unless exempted under the regulations);
        or





   (b)  in breach of any condition of a driver licence or permit; or



   (c)  being a person who is exempted under the regulations from the
        requirements of paragraph (a) because he or she holds an appropriate
        licence or permit issued in another State, Territory or country, in
        breach of any condition of that licence or permit-

is guilty of an offence and, unless subsection (2) or (3) applies, is liable
to a penalty not exceeding 25 penalty units or to imprisonment for not more
than 3 months.

(2) If the court is satisfied-

   (a)  that the person has held an appropriate licence (whether issued in
        Victoria or in another State or Territory) or an International Driving
        Permit at some time before the commission of an offence against
        subsection (1); and

   (b)  that the licence was not cancelled for an offence relating to the
        driving of a motor vehicle committed by the person in Victoria or in
        another State or Territory-

that person is liable to a penalty not exceeding 10 penalty units or to
imprisonment for not more than one month.

(3) If the court is satisfied, in the case of a person who drove a motor
vehicle on a highway in the circumstances referred to in subsection (1)(a),
that the person may have been subject to a direction under section 50AAA(1A)
or 50AAA(3A) or would have been subject to a direction under section 50AAA(2),
50AAA(2A) or 50AAA(3)(b) had the person applied under section 50(4) for an
order as to the issue of a driver licence or permit or, having applied under
that section, had the court not refused to make the order sought, that person
is liable to a fine of not more than 30 penalty units or to imprisonment for a
term of not more than 4 months.

(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.