Australian Capital Territory Numbered Acts

ROAD TRANSPORT (DRIVER LICENSING) (NO. 78 OF 1999) - SECT 31

(1)     A person must not drive a motor vehicle on a road or road related area unless the person—

        (a)     is the holder of an Australian driver licence that authorises the person to drive a motor vehicle of that kind; or

        (b)     is exempted under the regulations from holding an Australian driver licence.

Maximum penalty:     20 penalty units.

(2)     A person who is not, and never has been, the holder of an Australian driver licence must not drive a motor vehicle on a road or road related area unless the person is exempted under the regulations from holding an Australian driver licence.

Maximum penalty:

        (a)     for a first offender—20 penalty units; or

        (b)     for a repeat offender—50 penalty units, imprisonment for 6 months or both.

(3)     If—

        (a)     a court convicts a person, or finds a person guilty, of an offence against subsection (2); and

        (b)     the person is a repeat offender;

the person is automatically disqualified from obtaining a driver licence for 3 years or, if the court orders a longer period, the longer period.

(4)     A disqualification under this section is in addition to any penalty imposed for the offence.

Note     Under s 66 (1) of the Road Transport (General) Act 1999 the disqualification of a person from holding or obtaining a driver licence (whether or not by order of a court) operates to cancel any driver licence held by the person.

(5)     For subsections (2) and (7), a person is taken to never to have been the holder of an Australian driver licence if the person has not held an Australian driver licence at any time within 5 years before being convicted, or found guilty, of the offence concerned.

(6)     For subsections (2) and (3)—

        (a)     a person who is convicted, or found guilty, of an offence against subsection (2) (the current offence ) is a repeat offender in relation to the current offence if the person has been convicted, or found guilty, of an offence against the subsection within 5 years before being convicted or found guilty of the current offence; and

        (b)     a person who is convicted, or found guilty, of an offence against subsection (2) is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence.

(7)     A person who has never been the holder of an Australian driver licence cannot be convicted or found guilty of an offence against both this section and section 32 in relation to driving a motor vehicle on the same occasion.

(8)     However, this section does not prevent the person from being convicted or found guilty of an offence against section 32 in relation to driving a motor vehicle that is an offence against this section.

(9)     A person cannot be convicted or found guilty against both subsections (1) and (2) in relation to driving a motor vehicle on the same occasion.

(10)     However, a person charged with an offence against subsection (2) can be convicted or found guilty instead of an offence against subsection (1), but a person charged with an offence against subsection (1) cannot be convicted or found guilty instead of an offence against subsection (2).