Last updated 29 May 2026
It is an offence to drive a motor vehicle on a road without a valid licence, or to allow another person known to be unlicensed to drive a motor vehicle on a road (s 78 Transport Operations (Road Use Management) Act 1995 (Qld) (TORUM Act)). The licence can be issued in another state of Australia or in another country, however, if the person takes up residency in Queensland, the non-Queensland licence cannot be used once the person has been in Queensland for three months (reg 128(6) Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 (Qld) (Licensing Regulation)). Also, if the person is disqualified from driving by any court in Australia, the non-Queensland licence cannot be used in Queensland even though it may be still valid in the state or country where it was issued (for a definition of ‘valid’ see reg 128(1) and sch 9 of the Licensing Regulation).
The penalties for unlicensed driving vary significantly depending on the circumstances of the offence under the TORUM Act.
Unlicensed driving can occur in a number of ways. The most straightforward is where a person has never obtained a licence or has allowed their licence to lapse without renewal. Other common situations include driving on a suspended licence – where the suspension may have been imposed due to unpaid fines, demerit point accumulation, a medical condition or driving on a licence that is not valid for the type of vehicle being operated (e.g. driving a heavy vehicle on a standard car licence).
The most serious categories are driving while disqualified by a court order and driving while suspended under s 79B of the TORUM Act. A s 79B suspension is imposed when a person is charged with driving over the middle alcohol limit, drink driving, or driving under the influence of drugs. In these cases, the suspension takes effect immediately upon the person being charged and remains in place until the matter is finalised in court. The notice of suspension is typically served by police at the time of charging. Both a court ordered disqualification and a s 79B suspension carry a maximum penalty of 60 penalty units or 18 months imprisonment, along with a mandatory disqualification from driving for a further two to five years (s 78(3)(a) TORUM Act). Courts treat these offences seriously because they amount to a direct breach of a court order or statutory suspension, and imprisonment is commonly imposed for second or repeat offenders.
For those driving while suspended due to demerit point accumulation, a mandatory disqualification of six months applies. For those suspended due to other reasons such as unpaid fines or a State Penalties Enforcement Registry (SPER) debt, a discretionary disqualification of one to six months may be imposed. Where a person is found driving with simply no licence at all, disqualification is not mandatory but remains at the court’s discretion.
For all unlicensed driving offences outside of disqualification and s 79B, the maximum penalty is 40 penalty units or 12 months imprisonment. In some cases, police may issue an infringement notice instead of proceeding to court, which carries a lesser fine. This option is only available where the person has not been convicted of an unlicensed driving offence in the past five years (s 78(1A) TORUM Act).
The specific mandatory disqualification periods for each type of unlicensed driving are set out in ss 78(3)(a) to (i) of the TORUM Act. When a person is charged, they will be informed of the exact circumstances of the offence, which will determine which mandatory disqualification period, if any, applies to them.