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ROAD TRANSPORT ACT 2013 - SECT 53
Driver must be licensed
53 Driver must be licensed
(cf DL Act, s 25(1)-(4) and (6)-(8))
(1) A person must not, unless exempted
by the statutory rules-- (a) drive a motor vehicle on any road without being
licensed for that purpose, or
(b) employ or permit any person not so licensed
to drive a motor vehicle on any road.
: Maximum penalty--20 penalty units.
(2) Subsection (1) does not apply to or in respect of a light rail vehicle.
(3) A person who has never been licensed must not, unless exempted by
the statutory rules, drive a motor vehicle on any road without being licensed
for that purpose. : Maximum penalty--20 penalty units (in the case of a
first offence) or 30 penalty units or imprisonment for 6 months or both (in
the case of a second or subsequent offence).
(5) For the purposes of
subsection (3), a person has never been licensed in connection with an offence
if the person has not held a driver licence (or equivalent) of any kind in
Australia for the period of at least 5 years immediately before the commission
of the offence.
(6) A person who has never been licensed cannot be convicted
under both this section and section 54 in respect of driving on the same
occasion. However, nothing in this section prevents the person from being
convicted of an offence against section 54 in respect of driving that
constitutes an offence against this section.
(7) A person cannot be convicted
under both subsections (1)(a) and (3) in respect of driving on the same
occasion. A person charged with an offence against subsection (3) can be
convicted instead of an offence against subsection (1)(a), but a person
charged with an offence against subsection (1)(a) cannot be convicted instead
of an offence against subsection (3).
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