Driver Licence and Registration Offences

Home
Our Expertise
Traffic Offences
Driver Licence and Registration Offences

USING AN UNREGISTERED VEHICLE

  1. Using an unregistered vehicle is a summary offence under section 68 of the Road Transport Act.
  2. Summary offences must always be dealt with in the Local Court.
  3. Section 68 of the Road Transport Act provides a maximum Court imposed penalty of 20 penalty units (i.e. a fine of up to $2,200).
  4. An automatic disqualification period is not attached to this offence.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you

  1. You were the driver of a vehicle AND
  2. That vehicle was not registered.

What is an unregistered vehicle?

An unregistered vehicle is a vehicle which is not permitted to be driven as it has not been on the records of the Road and Maritime Services.

  1. You may not agree that you were the driver.
  2. You may have been driving the vehicle to obtain registration (i.e. you were driving to an inspection station or to the registry).

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you were using an unregistered vehicle.

You may accept that you committed this offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

The maximum penalty that can be issued to you by Police is a fine of up to $1,422 and 4 demerit points. If the Police issue you with a Court Attendance Notice instead, the Local Court may order you to pay a maximum of 20 penalty units (i.e. a fine of up to $2,200).

The vehicle is not mine, I did not know it was unregistered, can I still be charged?

Yes, the law requires that prior to operating a vehicle, the driver of that vehicle undertakes reasonable enquiries to ensure that the vehicle is registered and roadworthy.

Will I lose my licence?

It depends on how many demerit points you have acquired.

  • Learner or P1 drivers will be suspended once they acquire 4 demerit points in 3 years.
  • P2 drivers will be suspended once they acquire 7 demerit points in 3 years.
  • Unrestricted drivers will be suspended once they acquire 13 demerit points in 3 years.

Will this appear on my criminal record?

It depends. If you are given a fine by Police, it will not appear on your criminal record. However, it will appear on your traffic record.If Police provide you with a Court Attendance Notice and you are convicted of the offence in Court, it will appear on your criminal record.

Will I get a Section 10?

It is possible that you will receive a section 10 (that is, no conviction record). The Court will consider your traffic and criminal record as well as other subjective factors (e.g. time of offending, level of risk posed to the community, etc.).

Will I go to prison?

No, the maximum penalty does not stipulate a term of imprisonment.

UNLAWFUL POSSESSION OF DRIVER LICENCE

  1. Unlawful possession of a driver’s licence is a summary offence under section 50 of the Road Transport Act.
  2. Summary offences must always be dealt with in the Local Court.
  3. Section 50 of the Road Transport Act provides a maximum Court imposed penalty of 20 penalty units (i.e. a fine of up to $2,200).
  4. An automatic disqualification period is not attached to this offence.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You were in possession of an Australian Driver Licence AND
  2. You were not lawfully authorised to possess it.

What does possession mean?

To be in possession of a driver licence, it must be proven that you had the licence in your custody and under your control. It must also be proven that you were aware that you had the licence in your possession.

How can I not be authorised to possess my driver’s licence?

You are deemed to not be lawfully authorised to possess your driver’s licence once it has been cancelled and you have been ordered to surrender it.

  1. You may not accept that you were in possession of a driver licence.
  2. You may not have known you were in possession of the driver’s licence.
  3. You may have honestly and reasonably believed that you were lawfully authorised to possess the licence.

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you were not lawfully authorised to be in possession of a driver licence.

You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

Section 50 of the Road Transport Act provides that the maximum penalty for this offence is 20 penalty units (i.e. a fine of up to $2,200).

Will this appear on my criminal record?

If you are found guilty of this offence and subsequently convicted, it will appear on your criminal record.

Will I get a Section 10?

It is unlikely that you will receive a section 10 (that is, no conviction record). The Court may consider your traffic and criminal record as well as other subjective factors (e.g. time of offending, level of risk posed to the community, etc.).

Will I go to prison?

No, the maximum penalty does not stipulate a term of imprisonment.

UNLAWFUL ALTERATION OF LICENCE

  1. The unlawful alteration of a driver’s licence is a summary offence under section 51(1) of the Road Transport Act.
  2. Summary offences must always be dealt with in the Local Court.
  3. Section 51(1) of the Road Transport Act provides a maximum Court imposed penalty of 20 penalty units (i.e. a fine of up to $2,200).
  4. An automatic disqualification period is not attached to this offence.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You altered a driver licence AND
  2. You intended for the alteration to deceive others.

What does alter mean?

In this context, alter means to modify or make changes to the licences which are not authorised.

What does deceive mean?

Deceive means to mislead or misrepresent

  1. You may not accept that you altered the licence.

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you unlawfully altered a driver’s licence.

You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

Section 51(1) of the Road Transport Act provides that the maximum penalty for this offence is 20 penalty units (i.e. a fine of up to $2,200).

Will this appear on my criminal record?

If you are found guilty of this offence and subsequently convicted, it will appear on your criminal record.

Will I get a Section 10?

It is unlikely that you will receive a section 10 (that is, no conviction record). However, the Court may consider your traffic and criminal record as well as other subjective factors (e.g. time of offending, level of risk posed to the community, etc.).

Will I go to prison?

No, the maximum penalty does not stipulate a term of imprisonment.

UNLAWFUL USE OF DRIVER LICENCE

  1. The unlawful use of a driver’s licence is a summary offence under section 51(2) of the Road Transport Act.
  2. Summary offences must always be dealt with in the Local Court.
  3. Section 51(2) of the Road Transport Act provides a maximum Court imposed penalty of 20 penalty units (i.e. a fine of up to $2,200).
  4. An automatic disqualification period is not attached to this offence.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You used a driver licence that was unlawfully altered AND
  2. You intended to deceive others.

What does alter mean?

In this context, alter means to modify or make changes to the licences which are not authorised.

What does deceive mean?

Deceive means to mislead or misrepresent

  1. You may not accept that you were using an unlawfully altered the licence.

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you used an unlawfully altered a driver’s licence.

You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

Section 51(2) of the Road Transport Act provides that the maximum penalty for this offence is 20 penalty units (i.e. a fine of up to $2,200).

Will this appear on my criminal record?

If you are found guilty of this offence and subsequently convicted, it will appear on your criminal record.

Will I get a Section 10?

It is unlikely that you will receive a section 10 (that is, no conviction record). However, the Court may consider your traffic and criminal record as well as other subjective factors (e.g. time of offending, level of risk posed to the community, etc.).

Will I go to prison?

No, the maximum penalty does not stipulate a term of imprisonment.

OBTAIN DRIVER LICENCE BY FALSE STATEMENT

  1. Obtaining a driver licence by false statement is a summary offence under section 49 of the Road Transport Act.
  2. Summary offences must always be dealt with in the Local Court.
  3. Section 49 of the Road Transport Act provides a maximum Court imposed penalty of 20 penalty units (i.e. a fine of up to $2,200).
  4. An automatic disqualification period is not attached to this offence.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You made a false statement AND
  2. You knew that the statement was false AND
  3. That statement was made to obtain or renew a driver licence.

What does false statement mean?

A false statement is one which is untrue and known by you to be untrue.

  1. You may not accept that you made a false statement.
  2. You may accept that the statement made was false, but at the time of making the statement, you were not aware that it was untrue.

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you obtained a driver licence by false statement.

You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

Section 49 of the Road Transport Act provides that the maximum penalty for this offence is 20 penalty units (i.e. a fine of up to $2,200).

Will this appear on my criminal record?

If you are found guilty of this offence and subsequently convicted, it will appear on your criminal record.

Will I get a Section 10?

It is unlikely that you will receive a section 10 (that is, no conviction record). However, the Court may consider your traffic and criminal record as well as other subjective factors (e.g. time of offending, level of risk posed to the community, etc.).

Will I go to prison?

No, the maximum penalty does not stipulate a term of imprisonment.

Why Choose Hugo Law Group to Defend You

Hugo Law Group is a law firm that is focused on protecting and defending your rights. Drawing on decades of experience, our team of criminal lawyers will guide you through the legal process, providing comprehensive, honest and strategic advice – qualities that give us our renowned reputation.

Whether you want to plead not guilty, you are looking to secure the best possible sentence, or a loved one wants to apply for bail, it is essential to have an experienced team of criminal defence lawyers in your corner.

Seeking comprehensive and practical advice at an early stage will best ensure your rights and interests are protected. Our lawyers will properly prepare and present your case to assist you in getting the best possible outcome.

Contact

At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.

Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.

Hugo Law Group is the market leader in criminal defence law, providing exceptional representation to people facing serious criminal charges.

As leaders in criminal defence, we know that every story has two sides. We defend yours.

Get in contact with us today or feel free to call us at 02 9696 1361 (Sydney), 02 5104 9640 (Canberra), 08 6255 6909 (Perth), or 07 5552 1902 (Northern NSW) and find out how we can help you.