Need a Traffic Law lawyer in ACT?
Speak to a qualified local lawyer today. Free 24/7 hotline or book a $295 consultation.
This article was prepared by Go To Court Lawyers, Australia's largest legal service. For legal advice specific to your situation, call 1300 636 846.
In the ACT, you may commit one of a number of offences if you drive a motor vehicle on a road without holding a valid drivers licence to do so. These offences are contained in the Road Transport (Driver Licensing) Act 1999 (ACT) and the Road Transport (Driver Licensing) Regulation 2000 (ACT). Different offences and penalties apply if you drive a motor vehicle on a road:
- without holding a valid Australian drivers licence to do so
- without holding a valid Australian drivers licence to do so, and you have never held an Australian drivers licence to do so
- whilst you are suspended from doing so
- whilst you are disqualified from holding an Australian drivers licence, your Australian drivers licence is suspended or cancelled, or your application for an Australian drivers licence is refused in any jurisdiction, or
- if you hold a non-ACT drivers licence or a foreign drivers licence and have been in the ACT for longer than three months.
Driving unlicensed in the ACT
You commit an offence in the ACT if you drive a motor vehicle without holding a valid Australian drivers licence to do so. The maximum penalty for the offence is a fine of $3,000. In most circumstances you should receive an infringement notice of $534 when you first commit the offence.
Driving in the ACT unlicensed having never held a drivers licence
You commit an offence if you drive a motor vehicle on a road in the ACT and you have never held an Australian drivers licence to do so. You are treated as having never held an Australian drivers licence if you have not held such a licence in the 5 years prior to committing the offence. The first time you commit the offence, the maximum penalty is a fine of $3,000. However, you are more likely to receive an infringement notice of $534. If you are a repeat offender, the maximum penalty is a fine $7,500, 6 month’s imprisonment or both.
Driving in the ACT while your licence is suspended
If you are caught driving in the ACT while your licence is suspended, you will commit an offence with a maximum fine $3,000. You should however receive an infringement notice for $534. This only applies when the suspension was not ordered by a Court.
Driving in the ACT while your licence is disqualified
You commit an offence if you are caught driving in the ACT whilst you are disqualified from holding or obtaining an Australian drivers licence in any jurisdiction, or your licence is suspended in any jurisdiction. The first time you commit the offence, the maximum penalty is a fine of $7,500, 6 months’ imprisonment or both. Your licence will also be automatically disqualified for 12 months if you are disqualified or, if your licence is suspended, a period of 1 to 3 months depending on the circumstances.
If you have committed the same offence more than once, the maximum penalties are a fine of $15,000, 1 years imprisonment or both. Your licence may be automatically disqualified for 12 months or 24 months depending on the circumstances.
Driving in the ACT whilst licence application refused or licence cancelled
If you drive in the ACT without an Australian drivers licence and your application for an Australian drivers licence has been refused in any State or Territory, or your licence is cancelled in any State or Territory because you committed an offence in that jurisdiction, you commit an offence with a maximum penalty for a first offence of a $7,500 fine, 6 months’ imprisonment, or both. You will also receive an automatic disqualification from driving of 12 months.
If you commit the offence more than once, the maximum penalty is a fine of $15,000, 1 years imprisonment or both, and a 24 month minimum disqualification period.
Driving in the ACT on interstate or foreign licences
If you are travelling to the ACT from interstate or overseas, you may be entitled to drive in the ACT on your interstate or overseas drivers licence for a period of time. If you come from interstate or hold a New Zealand drivers licence, you do not need an ACT drivers licence for the first 3 months of residing in the ACT. If you hold a foreign drivers licence and have a permanent visa, you can drive in the ACT using your foreign licence for 3 months from the date you started holding your permanent visa.
If you drive in the ACT on your non-ACT drivers licence after the 3 month period has elapsed, you commit an offence with a maximum penalty of a $3,000 fine. You will also not be able to drive in the ACT using your non-ACT licence if that licence is suspended or you are disqualified from driving in that jurisdiction.
faqs: - question: 'What happens if I drive in the ACT with a non-ACT or foreign licence for more than three months?' answer: 'You commit an unlicensed driving offence if you drive in the ACT with a non-ACT or foreign drivers licence after being in the territory for longer than three months. This means interstate and international licence holders must obtain an ACT licence within three months of residing in the territory. Penalties can include significant fines and potential court appearances, making it crucial to update your licence status promptly.' - question: 'How does ACT treat unlicensed driving differently from other Australian jurisdictions?' answer: 'The ACT has specific provisions under the Road Transport (Driver Licensing) Act 1999 that create distinct categories of unlicensed driving offences. Unlike some jurisdictions, the ACT treats drivers who have never held an Australian licence more severely and has a specific three-month rule for interstate and foreign licence holders. The ACT also considers you as never having held a licence if you haven''t held one for five years prior.' - question: 'How much will it cost to get legal advice about my unlicensed driving charge in the ACT?' answer: 'Go To Court Lawyers offers a fixed consultation fee of $295 to discuss your unlicensed driving charge in the ACT. During this consultation, a traffic law specialist will review your specific circumstances, explain the charges you''re facing, assess potential defences, and outline your legal options. This upfront pricing ensures you know exactly what you''ll pay for expert legal advice about your unlicensed driving matter.' - question: 'How can a traffic lawyer help me with an unlicensed driving charge in the ACT?' answer: 'A traffic lawyer can review the circumstances of your unlicensed driving charge to identify potential defences or mitigating factors. They can negotiate with prosecutors to potentially reduce charges, represent you in court to minimise penalties, and help you understand licensing requirements. Your lawyer can also advise on steps to obtain proper licensing and present your case in the most favourable light to achieve the best possible outcome.' - question: 'Are there time limits I need to be aware of for my unlicensed driving charge in the ACT?' answer: 'Yes, if you received an infringement notice for unlicensed driving, you typically have 28 days to respond by either paying the fine or electing to have the matter heard in court. Missing this deadline can result in additional penalties and enforcement action. If you''re considering challenging the charge or seeking legal representation, it''s crucial to act quickly to preserve all your legal options and avoid default judgments.' ---