Driving while Disqualified or Unlicensed in Western Australia

Driving is an essential part of everyday life in Western Australia. However, as it’s an acquired skill and needs training and practice, driving while disqualified or without a license is a serious offence in Australia.

According to verified federal data, 46 fatal car accidents have occurred up to June 2024, whereas this number reached 176 in the previous year. So, it is best not to engage in driving while disqualified in Western Australia, as it can be dangerous for the people on the road and will attract penalties.

However, the demands of a situation may cause you to drive. In these cases, the court may decide not to impose any punishment. Still, you will have to prove why you drove in the court, and getting help from the best traffic lawyers in Perth WA, will prove useful in these cases. Read this article to know in detail.

Disqualification of driving – what is it?

The Australian court can penalise you with disqualification from driving for any offence related to a motor vehicle or driving. It forbids you from driving for the period suggested by the court and applying for a driving license. You can drive normally with your current license once the banning period ends.

The police can also disqualify you from driving if you are proven to commit particular drunk driving crimes (also known as the roadside or immediate disqualification notice). Moreover, they can stop you from driving for 24 hours when you commit certain drug-driving offences (through something called a ‘prohibition notice’).

Knowing the details of driving unlicensed in Australia

According to the Road Traffic Act, 1974, section 49– any person driving a motor vehicle on the road without any authorisation or allowing another person to do so will be defined as an unlicensed driver. This section is also applicable for individuals driving under the circumstances mentioned below:

• Their license to drive has been cancelled.
• The licensing authority has suspended, refused to issue or renew a person’s driving license.
• The individual is disqualified because of the buildup of an excessive number of demerit points.
• The court disqualifies the person’s driving permission.
• The person carries an extraordinary license (EDL), but their driving contradicts the condition linking to the purpose, location, and time.

Hiring the best-quality traffic offence lawyers will help defend oneself in the traffic court and get targeted representation and justice.

Penalty of driving when disqualified or denied in WA

The Australian traffic law specifies the punishments for offenders driving with disqualification or denial of a license. The court may give a judgment of a monetary fine between AUD 400 and AUD 2000 and imprisonment for up to one year.

If the offender commits the same offence again or after that, the penalty for driving while disqualified may reach up to a fine between AUD 1000 and AUD 4000 and a maximum jail term of 18 months.

The court can also disqualify the driver from getting an Australian driving license (depending upon the seriousness of the felony) for nine months to three years.

Punishment for driving unlicensed in WA

The Road Traffic Act, 1974, section 49 provides a maximum penalty of approximately AUD 300 for first-time unlicensed drivers and around AUD 600 for successive felonies, as well as the highest jail term of 18 months in particular situations. it is imperative to note that these numbers and amounts of penalty can change.

• New laws were introduced in WA under Section 79A of the Road Traffic Act, which allows police officers to impound the offending car and confiscate it on the spot. If you drive without a license or let an unlicensed driver drive the car at the moment of the felony – the police can impound it.
• They can take it to an approved storage facility with the help of a licensed towing contractor or call upon another police officer. The license holder of the car will need to pay the total confiscation cost (which comes to around AUD 900 for 28 days) to release their vehicle. However, it is always advised to check the current costs and penalties before paying the penalties.
• It applies to any car the unlicensed driver uses – including borrowed cars or commercial vehicles – and can be sold if not collected within 28 days. The proceeds will be used to pay the outstanding towage and storage costs.
• Under section 80A of the same act, the court can impose an impoundment and seize any car licensed to the offender (including commercial vehicles) – irrespective of its use in the offence.

Final words

In summary, we would like to say that this blog has discussed all the factors involved in driving while being unlicensed or disqualified. The Australian legal system allows accused drivers to present their side in court with proper data and proof. Therefore, it’s always recommended to get in touch with professional traffic lawyers in Perth and attain the best results according to their presentation and debate.