18Offence if driver not licensed

18 Offence if driver not licensed S. 18(1) amended by Nos 58/1995 s. 8, 57/1998 s. 15, 81/2006 s. 42(1), 5/2016 s. 36(Sch. 1 item 1), substituted by No. 68/2017 s. 40. (1) A person must not drive a motor vehicle on a highway unless the person— (a) holds a driver licence or learner permit which authorises the person to drive that category of motor vehicle; or (b) holds a licence or permit issued in another State, a Territory or another country and is authorised by the regulations to drive that category of motor vehicle; or (c) is otherwise authorised by the regulations to drive that category of motor vehicle. S. 18(1A) inserted by No. 70/2016 s. 6, substituted by No. 68/2017 s. 40, amended by No. 30/2021 s. 33(1). (1A) Unless subsection (2), (2A) or (3) applies, a person who commits an offence under subsection (1) is liable to a penalty not exceeding 60 penalty units or to imprisonment for not more than 6 months. S. 18(2) substituted by No. 19/1991 s. 5, amended by No. 5/2016 s. 20, substituted by Nos 68/2017 s. 40, 30/2021 s. 33(2). (2) If the court is satisfied— (a) the person held an applicable driver licence or learner permit at some time before the commission of an offence under subsection (1) but, at the time of the commission of that offence, the person had not held an applicable driver licence or learner permit for a period not exceeding 6 months solely because the person had not renewed the applicable driver licence or learner permit; and (b) the applicable driver licence or learner permit was not cancelled for an offence relating to the driving of a motor vehicle committed by the person— the person is liable to a penalty not exceeding 20 penalty units or to imprisonment for not more than one month. S. 18(2A) inserted by No. 30/2021 s. 33(2). (2A) If the court is satisfied— (a) the person— (i) at some time within 6 months before the commission of an offence under subsection (1)— (A) held an Australian driver licence (other than a driver licence or learner permit) or interstate learner permit, or a licence or permit issued in another country; and (B) was, under the regulations, authorised to drive the motor vehicle; and (ii) at the time of the commission of the offence under subsection (1), had resided in Victoria for a period of 12 months or less; and (b) the licence or permit was not cancelled for an offence relating to the driving of a motor vehicle committed by the person in another State or a Territory, or another country— the person is liable to a penalty not exceeding 20 penalty units or to imprisonment for not more than one month. S. 18(3) inserted by No. 81/2006 s. 42(2), amended by No. 81/2006 s. 19(3)(a), substituted by No. 56/2013 s. 16, amended by Nos 49/2014 s. 37(4), 70/2016 s. 7, substituted by No. 68/2017 s. 40, amended by No. 49/2019 ss 100, 116(Sch. 1 item 31), substituted by No. 41/2020 s. 33. (3) The person is liable to a penalty not exceeding 240 penalty units or to imprisonment for not more than 2 years if the court is satisfied that— (a) the person was disqualified under this Act or the **Sentencing Act 1991** from obtaining a driver licence or learner permit; and (b) the person has ceased to be disqualified from obtaining a driver licence or learner permit; and (c) were the person to hold a driver licence or learner permit, an alcohol interlock condition may be imposed on the driver licence or learner permit. S. 18(4) inserted by No. 81/2006 s. 42(2). (4) If subsection (3) applies, the court may, if it considers it appropriate to do so, order that the motor vehicle concerned be immobilised (whether by wheel clamps or any other means) for a period specified in the order of up to 12 months. S. 18(5) inserted by No. 81/2006 s. 42(2). (5) An order under subsection (4) may be made subject to specified conditions. S. 18(6) inserted by No. 81/2006 s. 42(2). (6) The court may make an order under subsection (4) whether the motor vehicle is owned by the offender or another person. S. 18(7) inserted by No. 81/2006 s. 42(2). (7) If the court considers that another person, who is not present at the hearing concerning the making of an order under subsection (4), may be substantially affected by such an order, the court must issue a summons to that other person to show cause why the order should not be made. S. 18(8) inserted by No. 81/2006 s. 42(2). (8) On return of the summons, the court may, after hearing the evidence brought before it, make or refuse to make the order. S. 18(9) inserted by No. 30/2021 s. 33(3). (9) In this section— ***applicable driver licence or learner permit*** means a driver licence or learner permit which authorises the person to drive a category of motor vehicle which includes the motor vehicle driven by the person. S. 18AA inserted by No. 68/2017 s. 41. 18AA Driving in breach of licence condition (1) The holder of a driver licence or learner permit must not drive a motor vehicle on a highway in breach of any condition of the driver licence or learner permit. (2) A person authorised to drive a motor vehicle on a highway because the person holds an appropriate licence or permit issued in another State, a Territory or another country must not drive a motor vehicle on a highway in breach of any condition of that licence or permit. (3) For the purposes of subsections (1) and (2), a person does not breach a condition of a driver licence or learner permit, or of a licence or permit issued in another State, a Territory or another country, if the regulations provide that the condition does not apply to the person at the time the person is driving the motor vehicle on the highway. (4) For the purposes of subsection (2), a person who— (a) is authorised to drive a motor vehicle on a highway because the person holds a licence issued in another country; and (b) drives a motor vehicle that has a GVM of not more than 4·5 tonnes— is not in breach of a condition of that licence merely because the GVM of the motor vehicle exceeds any limit to which the licence is subject. (5) A person who holds a driver licence or learner permit that is subject to an alcohol interlock condition does not commit an offence under subsection (1) if the person rides a motor cycle that is not fitted with an alcohol interlock while undertaking the on-road component of a motor cycle learner permit assessment. S. 18AB inserted by No. 30/2021 s. 36. 18AB Restrictions affecting learner drivers (1) A learner driver must not drive a motor vehicle on a highway (other than a tractor or motor cycle) unless an appropriate supervising driver is sitting beside the learner driver. Penalty: 60 penalty units or imprisonment for 6 months. ***appropriate supervising driver***, in relation to a motor vehicle being driven by a learner driver, means a person who at the relevant time is supervising the learner driver and— (a) holds a full driver licence that authorises the person to drive the motor vehicle; or (b) holds an appropriate licence or permit issued in another jurisdiction or country (other than a licence on probation, a provisional licence or learner permit) that authorises the holder of the licence or permit to drive the motor vehicle in that jurisdiction or country and is authorised by the regulations to drive that category of motor vehicle; ***learner driver*** means a person who holds an Australian learner permit and does not have an appropriate driver licence which authorises them to drive the motor vehicle on a highway. S. 18A inserted by No. 74/2013 s. 13. 18A Issue of driver licence or learner permit to holder of licence or permit issued outside Victoria S. 18A(1) amended by No. 30/2021 s. 34(1)(a). (1) If a person is granted a driver licence or learner permit under this Act (a ***Victorian licence or permit***), any non-Victorian licence or permit held by the person ceases to authorise the person to drive a motor vehicle on a highway unless— S. 18A(1)(a) amended by No. 30/2021 s. 34(1)(b). (a) the Victorian licence or permit expires and the person has resided in Victoria for a period of less than 6 months; or S. 18A(1)(b) amended by Nos 49/2019 s. 116(Sch. 1 item 32), 30/2021 s. 34(1)(c). (b) the Secretary agrees to cancel the Victorian licence or permit at the request of the person and the person has resided in Victoria for a period of less than 6 months. Consequently, the person has no authority to drive a motor vehicle on a highway if, as a result of an offence committed by the person— (a) the person's Victorian licence or permit is suspended; or (b) the person's Victorian licence or permit is cancelled (whether or not the person is also disqualified from obtaining a driver licence or learner permit). S. 18A(2) amended by Nos 5/2016 s. 36(Sch. 1 item 2), 30/2021 s. 34(2), 46/2024 s. 24. (2) A person who is requested to produce or display for inspection the person's driver licence document or learner permit document by anyone referred to in section 59(1)(a) or (ab) must not produce or display a non‑Victorian licence or permit document held by the person that does not authorise the person to drive a motor vehicle on a highway. S. 18A(3) inserted by No. 30/2021 s. 34(3). ***non-Victorian licence or permit*** means a licence or permit issued in— (a) another State or a Territory authorising the holder of the licence or permit to drive a motor vehicle on a highway; or (b) another country, authorising the holder of the licence or permit to drive a motor vehicle. S. 18B (Heading) amended by Nos 49/2019 s. 116(Sch. 1 item 33), 46/2024 s. 25(1). S. 18B inserted by No. 68/2017 s. 42. 18B Secretary may retain and check validity of physical licence or permit documents S. 18B(1) amended by No. 49/2019 s. 116(Sch. 1 item 34(a)), substituted by No. 30/2021 s. 35(1), repealed by No. 46/2024 s. 25(2). S. 18B(2) amended by Nos 49/2019 s. 116(Sch. 1 item 34(a)), 46/2024 s. 25(3). (2) The Secretary may retain any physical licence or permit document for the purpose of checking its validity. S. 18B(3) amended by Nos 49/2019 s. 116(Sch. 1 item 34(b)(i)), 46/2024 s. 25(4). (3) If the Secretary retains the physical licence or permit document of a person under subsection (2), the Secretary must— S. 18B(3)(a) amended by Nos 49/2019 s. 116(Sch. 1 item 34(b)(ii)), 46/2024 s. 25(4). (a) give the person a copy of the physical licence or permit document that has been stamped by the Secretary and specifies the period (the ***effective period***) during which the copy of the physical licence or permit document may be relied on as evidence that the person is authorised to drive a motor vehicle on a highway; and S. 18B(3)(b) amended by No. 46/2024 s. 25(4). (b) subject to section 18C, return the original of the physical licence or permit document to the person before the expiry of the effective period. S. 18B(4) amended by Nos 49/2019 s. 116(Sch. 1 item 34(c)), 30/2021 s. 35(2), 46/2024 s. 25(4). (4) If, at any time during the effective period specified on the copy of a physical licence or permit document provided to a person by the Secretary under subsection (3), the person is required under this Act to produce the person's physical licence or permit document, the person meets that requirement by producing the copy of the physical licence or permit document. S. 18BA inserted by No. 46/2024 s. 26. 18BA Secretary may copy and check validity of digital licence or permit document (1) The Secretary may make a copy of a digital licence or permit document and may retain that copy for the purpose of checking the validity of the digital licence or permit document. (2) The Secretary must not confiscate the electronic device on which the digital licence or permit document referred to in subsection (1) is displayed, other than in accordance with an authority to seize an electronic device under any other law. S. 18C (Heading) amended by Nos 49/2019 s. 116(Sch. 1 item 35), 46/2024 s. 27(1). S. 18C inserted by No. 68/2017 s. 42, amended by Nos 49/2019 s. 116(Sch. 1 item 36), 46/2024 s. 27(2).