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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 South Australia, 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 sections 74, 91 and 143 of the Motor Vehicles Act 1959 (SA).
Different offences (and penalties) apply if you:
- drive a motor vehicle on a road without holding a valid drivers licence to do so, but you have previously held a drivers licence to do so in Australia (section 74(1));
- drive a motor vehicle on a road without holding a valid drivers licence to do so, and you have never held a drivers licence to drive that class of motor vehicle in Australia (section 74(2));
- drive a motor vehicle on a road while you are disqualified from holding or obtaining a drivers licence because of a serious drink driving offence (section 74(3)); or
- drive a motor vehicle whilst your licence is disqualified or suspended in South Australia or any other State or Territory in Australia (section 91(5)).
Driving unlicenced in South Australia
You commit an offence in South Australia if you drive a class of motor vehicle on a road without holding a valid drivers licence to do so. The maximum penalty for the offence is a fine of $1,250, however you are likely to receive an expiation notice from a police officer for $436 rather than a summons to attend court: Schedule 5 of the Motor Vehicles Regulations 2010 (SA). There are a number of exemptions to this general rule. The most important exemptions (subject to certain conditions) are:
- if you hold a drivers licence in another State or Territory, you do not need to hold a South Australian drivers licence for the first three months you reside in South Australia; and
- if you travel to South Australia from overseas and hold both a foreign drivers licence and an international driving permit (or a foreign drivers licence written in English), you do not need to hold a South Australian drivers licence for the first three months you are in South Australia if you are also a permanent resident or citizen of Australia.
If you have never held a licence
You commit an offence if you drive a motor vehicle on a road in South Australia and you have never held a drivers licence in Australia to do so. There is no specific rule explaining when you will be treated as having never held a drivers licence before. For a first offence, the maximum penalty you will face is a $2,500 fine which cannot be dealt with by way of an expiation notice, so you should receive a court summons. If you commit this offence more than once, you may have a $5,000 fine or imprisonment for one year imposed, together with a minimum disqualification period from driving of three years.
Driving unlicenced after a serious drink driving offence
If you are caught driving unlicensed after committing a serious drink driving offence, then you will commit an offence that is punishable by a fine of $5,000 or imprisonment for one year, together with a minimum disqualification period from driving of 3 years. Such an offence cannot be dealt with by way of an expiation notice so you will be summoned to court for the offence.
A “serious drink driving offence” is an offence where your blood alcohol concentration was .15 or more, or an offence where your blood alcohol concentration was between .08 and .15 and you had already committed a similar offence before.
Driving while your licence is suspended or disqualified
If you drive a motor vehicle in South Australia whilst you are disqualified from driving or your licence is suspended, whether that is the case in South Australia or any other Australian State or Territory, you will commit an offence that is punishable by six months imprisonment for a first offence, and imprisonment for two years for any subsequent offence.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
faqs: - question: 'What happens if I''m caught driving while disqualified from a serious drink driving offence in SA?' answer: 'Driving while disqualified from a serious drink driving offence is a separate offence under section 74(3) of the Motor Vehicles Act 1959 (SA). This carries more serious penalties than standard unlicensed driving. The exact penalties depend on your specific circumstances and any prior offences. Courts typically impose harsher sentences for this type of violation due to the serious nature of the original disqualification.' - question: 'How long can interstate licence holders drive in South Australia without getting a local licence?' answer: 'Interstate licence holders can legally drive in South Australia for the first three months of residency without obtaining a SA licence. After three months of residing in SA, you must apply for a South Australian drivers licence. This exemption only applies if you hold a valid licence from another Australian state or territory and meet certain other conditions outlined in the Motor Vehicles Act.' - question: 'How much does it cost to get legal advice for an unlicensed driving charge in SA?' answer: 'Go To Court Lawyers offers a fixed consultation fee of $295 for unlicensed driving matters in South Australia. During this consultation, a traffic law specialist will review your case, explain the charges against you, discuss potential penalties, and outline your legal options. This fixed fee provides certainty about legal costs upfront and ensures you receive professional advice tailored to your specific unlicensed driving situation.' - question: 'How can a traffic lawyer help with my unlicensed driving charge in South Australia?' answer: 'A traffic lawyer can challenge the evidence against you, negotiate with prosecutors for reduced penalties, and represent you in court proceedings. They can identify technical defences, argue for alternative sentencing options, and help minimize the impact on your driving record. Lawyers can also assist with licence restoration applications and ensure you understand all exemptions that might apply to your specific circumstances under SA law.' - question: 'Is there a time limit to respond to an unlicensed driving expiation notice in SA?' answer: 'Yes, you typically have 28 days from the date of issue to respond to an expiation notice for unlicensed driving in South Australia. You can either pay the $436 fine or elect to have the matter heard in court within this timeframe. Missing this deadline can result in additional penalties and enforcement action. It''s crucial to seek legal advice quickly to explore your options before the deadline expires.' ---