Under section 74 of the Motor Vehicles Act 1959 (SA) , it is an offence to drive a motor vehicle on a road without a valid licence.
Penalty - if previously authorised to drive
Where a driver is caught driving without a valid licence but has previously been authorised to drive a vehicle of the relevant class on a road, the maximum penalty is $1250.
In this section, "authorised to drive a motor vehicle of a particular class on a road" means:
The authorisation may be under the law of any Australian State or Territory.
See Motor Vehicles Act 1959 (SA) s 74(1).
Penalty - if never been authorised to drive
If a driver is caught driving without a valid licence and where they have never been authorised to drive a vehicle of that class, the maximum penalty is $2500 [Motor Vehicles Act 1959 (SA) s 74(2)]. But if the driver has never been authorised and is convicted of driving without a licence a second or subsequent time within 3 years of an earlier offence of:
there is a mandatory minimum 3 year licence disqualification, in addition to a maximum penalty of $5000 or imprisonment for 1 year [Motor Vehicles Act 1959 (SA) s 74(5)].
Penalty - if not authorised to drive following a serious drink driving offence
Where a driver has committed a serious drink drive offence, serves a period of disqualification and then drives without renewing their licence, they will be subject to the maximum penalty for driving unlicensed i.e. $5000 or imprisonment for 1 year, as well as the mandatory minimum 3 year licence disqualification [Motor Vehicles Act 1959 (SA) s 74(2a)].
A serious drink driving offence includes any drink driving offence other than a category one offence, or a category two offence that is also a first offence - see Motor Vehicles Act 1959 (SA) s 81E for definition.
Penalty - if not authorised to drive following certain drink or drug driving offences
If a driver has been disqualified for certain drink or drug driving offences, and drives without first reapplying for their licence at the end of the disqualification period, they will face a maximum penalty of a fine of $5000 or imprisonment for 1 year [see Motor Vehicles Act 1959 (SA) ss 74(2ab) and 74(2ac)].
This applies in one of the following circumstances where the offence for which the person was disqualified for:
Where a driver is convicted of an offence pursuant to section 74(2ab) or 74(2ac), and where the maximum penalty is a fine of $5000 or imprisonment for 1 year, they will also be liable to serve a mandatory 3 year licence disqualification [see Motor Vehicles Act 1959 (SA) s 74(5)(a)]. This disqualification period cannot be reduced or mitigated in any way [see Motor Vehicles Act 1959 (SA) s 74(5)(b)].