Offence of Driving an Unlicensed Vehicle A vehicle licence required for vehicles such as cars, caravans and trailers when used on a road Using a vehicle on a road without a licence is an offence under s15 of the RTA unless: The vehicle is being towed by a tow truck or the driver has a permit to drive vehicle to a licensing centre or place of repair; or The driving within 15 days after expiry of the licence; or If the driver is not the owner of the vehicle and they did not know that the vehicle was unlicensed.
Offence of Driving Without a Licence It is an offence to drive on a road without a valid driver’s licence. Three elements need to be established beyond a reasonable doubt by the prosecution – The defendant drove a motor vehicle; Driving occurred on a road; The defendant did not hold a licence or was under disqualification at the time of driving.
Section 5 of RTA defines a “driver” as a person in control of a motor vehicle – control is the key factor in deciding if someone was driving: Steering a car being towed constitutes driving A person pushing a car from the driver’s door and steering with one hand does not constitute driving
It must be established that the defendant drove the next element the prosecution need to establish is that the driving occurred on a road – (a privately owned access road to an Alumina Refinery constituted a road within the meaning of the RTA). It must also be established that the
defendant was not licensed and if it is alleged that the offence was aggravated then the prosecution must establish the disqualification. There are a number of reasons why a person would not have a valid driverâ€™s licence: Failed to renew fee licence A person has come to WA from interstate or overseas and has been relying on their interstate or overseas licence for a greater period than that specified in the RTA
(A person from overseas or interstate can drive for 1 year on valid overseas or interstate licence unless intend to take up permanent residence in WA in which case can drive for 3 months on overseas or interstate licence). The offence aggravated if driver has had been disqualified from driving with licence either being cancelled (right to drive terminated) or suspended (right to drive terminated on a temporary basis) or if the driver has been refused a licence. A licence can be: Suspended by the court or Suspended by the FER for non payment of fines or infringements Suspended for 3 months when accumulate 12 demerit points within a 3 year period
Welcome to Dean R. Love & Associates Dean R. Love & Associates is a leading criminal & traffic law firm in Western Australia. We have over 12 years of experience in this highly technical area, and we understand how important your driver's licence is to you.
Perth Office: 1st Floor, 231 Adelaide Terrace PERTH WA 6000 http://watrafficlawyers.com.au/ TEl : (08) 9218 9993
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Dean R. Love & Associates is a leading criminal & traffic law firm in Western Australia. We have over 12 years of experience in this highly...