Plenty of people charged with unlicensed driving had no idea their licence had been suspended. A missed demerit point notice or an old unpaid fine is enough. Talk to Joseph Rahim about what you are facing and how to get back on the road.
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Driving without a valid licence is an offence under the Transport Operations (Road Use Management) Act 1995 (Qld). Queensland treats unlicensed driving and disqualified driving as separate categories with different consequences. Unlicensed driving covers situations like these.
Most unlicensed driving charges are dealt with in the Magistrates Court. Driving on an expired licence is one of the few that can be pleaded online. Where a conviction could lead to a disqualification, you need to go to court.
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Many people charged never set out to drive unlicensed. These are the common routes.
You are sent a notice to choose between a suspension and a good driving behaviour period. If you do not choose by the date, your licence is suspended automatically. Pick up any demerit points during a good driving behaviour period and your licence is suspended for double the period.
SPER can suspend your licence for unpaid fines, and usually sends a notice of intention first, to your last known address. If you have moved, you may never see it.
Once you have lived in Queensland for three months, Australian citizens and permanent residents generally cannot keep driving on a licence from somewhere else.
Driving on an expired licence is unlicensed driving, even if it ran out last week.
What happens to your licence after an unlicensed driving conviction depends on the category of the offence and your history, so get advice on your own situation.
Two related charges often come up alongside licence problems.
A learner must drive with a supervisor who holds an open licence for that class of vehicle and has held it for at least a year, sitting next to them, with L plates clearly displayed.
Driving without a proper supervisor is an offence for the learner, and demerit points apply. If the L plates are not displayed correctly, the learner and the supervisor can both be fined.
Vehicles used on Queensland roads must be registered, and compulsory third party (CTP) insurance is paid as part of registration.
Driving an uninsured and unregistered vehicle is a type 2 vehicle related offence, so repeat offences can lead to the vehicle being impounded. If someone is injured, the Nominal Defendant can pay their claim and then recover it from the owner, the driver or both.
Driving without a licence is an impoundment offence in Queensland. An owner can apply to the Police Commissioner for release, for example on severe hardship grounds or where the driving happened without their consent.
If you are not sure whether you are licensed right now, do not guess. Check with the Department of Transport and Main Roads before you get back behind the wheel.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
Yes, even if the licence has only just expired.
It may be relevant to what the court hears about you, but it does not automatically answer the charge. Get advice before you plead.
Yes. Driving without a licence is an impoundment offence. Release can be applied for in some circumstances.
Only for some minor charges, such as an expired licence. If a conviction could lead to a disqualification, you need to go to court.
Driving without an appropriately licensed supervisor is an offence for the learner, and demerit points apply. Get advice before paying a fine or going to court, especially if the learner is close to their demerit point limit.
An unregistered vehicle is also uninsured for CTP. Driving an uninsured and unregistered vehicle is an impoundment offence for repeat offenders, and if someone is hurt the owner and driver can be pursued for the cost of their claim.
No. They are separate categories, and driving while disqualified is treated more seriously.
Yes. It is free, confidential and comes with no obligation.
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The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.
0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
