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The most basic and lawful thing to do while driving is to ensure that you have a legal and valid licence behind the wheel. It is an offence in Queensland and other Australian States or Territories to drive a vehicle without a valid licence.
Most legislations stipulate severe penalties for driving a vehicle without a licence. It is considered one of the most notorious factors in many road accidents.
If an individual is convicted in a Queensland court for a driving whilst suspended offence, the offence will show up as a disclosable court outcome (DCO) on a national criminal background check in Queensland.
The legislation - Transport Operations (Road Use Management) Act 1995 (Qld) is the prominent legislation when handling Road Use and matters in Queensland. A person drives without a valid Driver licence in any of these conditions;
Or did not hold a driver licence because;
Under section 78 of the Transport Operations (Road Use Management) Act 1995 (Qld), it is an offence for a person to operate a vehicle or assist/supervise another unless the person holds a driver's licence.
Driving offences of this type are usually handled summarily before a Queensland Magistrate court unless there are aggravating matters. A person found guilty of driving while suspended or disqualified can face penalties up to;
If a person has not had such a similar offence within the last 5 years, the Police has the discretion to issue infringements of;
For this case, a person is unlicenced if they drive a vehicle without the required Driver licence or when the offence was committed and has been convicted of the offence in the last 5 years.
If you are charged for driving without a licence, you should get a lawyer experienced in traffic laws. However, if you get off with a warning, you must avoid further traffic violations in future.
Some defences to such a charge may be;
If an individual is found guilty of a driving unlicensed offence in a Queensland court, the offence will show up as a disclosable court outcome (DCO) on the results of their criminal history check.
Individuals can obtain a criminal record check online via the Australian National Character Check - ANCC® website.
Transport Operations (Road Use Management) Act 1995 (Qld) - https://www.legislation.qld.gov.au/view/html/inforce/current/act-1995-009
Transport Operations (Road Use Management) Act 1995 (Qld)(Austlii References) - http://www5.austlii.edu.au/au/legis/qld/consol_act/touma1995434/
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