Consequences of Driving Without a Licence in Queensland | Cridland & Hua
What Happens If You’re Caught Driving Without a Licence in Queensland?
Whether you’ve never held a driver’s licence, let it lapse, or simply forgot it at home, driving unlicensed in Queensland can have serious legal consequences.
In this article, we unpack the penalties, the difference between unlicensed and disqualified driving, and what steps to take if you’ve been charged. We also explain how the courts handle unlicensed driving and why legal advice is essential.
What Is “Unlicensed Driving” in Queensland?
Unlicensed driving refers to operating a vehicle on a road without a valid and current driver’s licence.
There are several ways this can happen:
- You’ve never held a licence in Queensland or another state
- Your licence is expired, suspended, or cancelled
- You’re driving outside your licence class or conditions
- You’ve moved interstate or overseas and failed to convert your licence in time
- You simply forgot to carry your licence while driving (a less serious offence)
These scenarios are treated differently under Queensland law, depending on the reasons behind the unlicensed driving.
Penalties for Driving Unlicensed in Queensland
The Transport Operations (Road Use Management) Act 1995 (Qld) sets out the penalties for unlicensed driving. These can range from fines and demerit points to licence disqualification and even imprisonment in more serious cases.
Here’s a breakdown of typical penalties:
| Offence Type | Penalty |
|---|---|
| Driving with an expired or recently cancelled licence | Fine up to $4,135 (up to 40 penalty units) |
| Driving while never having held a licence | Fine up to $5,500 and possible imprisonment up to 1 year |
| Repeat unlicensed driving | Harsher fines, possible disqualification period and imprisonment |
| Unlicensed due to suspension (e.g., unpaid fines) | Mandatory 2–6 month disqualification, possible jail |
| Unlicensed driving while disqualified by court | Maximum 18 months imprisonment, mandatory disqualification |
The severity depends on your driving history, the reason for being unlicensed, and whether aggravating factors exist (e.g., driving under the influence, involved in a crash, or repeat offences).
Is Driving Without Your Licence On You a Crime?
No — but it is still an offence.
If you are stopped by police and do not have your licence on you, this is not the same as being unlicensed. You may be fined (generally a $137 infringement notice) but you won’t be charged if your licence is current and valid.
However, failing to produce your licence within 48 hours if asked can lead to more serious consequences.
Difference Between Unlicensed and Disqualified Driving
It’s important not to confuse unlicensed driving with disqualified driving, which is a criminal offence and treated much more harshly by the courts.
- Unlicensed Driving: You don’t currently hold a valid licence (e.g., expired, never held one).
- Disqualified Driving: A court has explicitly disqualified you from driving, often due to a prior conviction such as dangerous driving, drink driving, or repeated traffic offences.
If you are caught driving while disqualified, the penalties include mandatory disqualification, large fines, and often jail time — especially for repeat offenders.
Will You Go to Court?
Most unlicensed driving offences require a court appearance. You’ll receive a Notice to Appear or Infringement Notice depending on the seriousness.
In court, a magistrate will consider:
- Your driving history
- Reason for driving (e.g., medical emergency vs. casual use)
- Whether anyone was harmed
- Whether the offence was deliberate or accidental
- Steps taken since the offence (e.g., applying for a licence)
A good traffic lawyer can often mitigate the penalty, especially if you can show that you misunderstood your licence status or have taken steps to become compliant.
Can You Go to Jail?
Yes, but imprisonment is rare for a first offence unless the conduct was dangerous or you were already disqualified.
- Driving after a court disqualification can result in up to 18 months imprisonment
- Repeat offences may attract short custodial sentences, especially where public safety was at risk
Most first-time unlicensed driving offences are dealt with by way of a fine and licence disqualification.
What About Demerit Points?
Demerit points do not apply to offences where you don’t hold a valid licence. However, once you obtain a licence, your prior offence will be on record and may affect future court matters or licence applications.
Can You Fight the Charge?
Yes — and it may be appropriate to do so if:
- You were not driving at the time
- You had a valid licence but didn’t have it with you
- The licence cancellation or suspension was not properly communicated
- There was no notice of disqualification
In some cases, your lawyer may also be able to negotiate with the prosecution to reduce the charge or have it withdrawn.
What Should You Do If You’re Charged?
- Don’t ignore the court date — failing to appear can result in a warrant and further charges
- Contact a traffic lawyer — especially if you have prior offences or could face disqualification
- Gather documents — such as proof of licence status, applications, or changes in address
- Take remedial action — apply for or renew your licence as soon as possible
How We Can Help
At Cridland & Hua, we regularly represent people charged with unlicensed driving across Queensland — including first-time offenders and those facing more serious allegations.
We can:
- Review the charge and your driving history
- Advise whether you have a valid defence
- Represent you in court
- Help reduce fines, avoid disqualification, or in serious cases, avoid jail
Caught Driving Without a Licence? Talk to Us.
Whether it was a mistake, misunderstanding, or something more serious, being caught unlicensed can have significant consequences. Our team of experienced traffic lawyers is here to help you navigate the process and protect your future.
📞 Call (07) 3210 0500 or contact us online for a confidential consultation.
