53Driver must be licensed

#### 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). > > > (4) (Repealed) > > > (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). > > **s 53:** Am 2017 No 46, Sch 1 \[1\] \[2\].