NSW Driving a Moped Without a Drivers Licence - Consequences?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Riddler

Active Member
19 March 2016
8
0
31
So I live around Sydney's beaches and am 15 years and about 3 months. I normally use a 125cc moped to ride to and from my friends' house about 7km away. I don't normally go anywhere more than 5km away and obey all of the rules. I happen to not have a drivers licence for the moped.

What are the risks of driving without a drivers licence? Could I be convicted as a criminal in court and attend a jail term? Also, what should I do if I happen to be pulled over and what are the chances that I will be pulled over in the 5 minutes that I ride?

Thanks
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Forget about the police. You are putting your parents at risk if you have an accident. If your parents own a home, they could lose it if you cause serious damage or worse, seriously injure someone. You are not old enough to be driving/riding a moped on roads. Suggest you think about the consequences if/when something goes wrong, and not just for you.

The risk of being caught goes up the more you ride and the more people that know you ride on roads. One day you'll sufficiently annoy someone who makes a call to the police. Chances are you won't know which person made the call. And with nearly everyone carrying around a video camera in their pocket I don't like your chances of remaining trouble free.
 

Phildo

Well-Known Member
1 November 2014
46
2
124
What are the risks of driving without a drivers licence?

Not insured if you crash. Because you're under 18 your parents will have to cover it.

Also, what should I do if I happen to be pulled over and what are the chances that I will be pulled over in the 5 minutes that I ride?

Have a look inside a modern police car. You'll see an LCD in the middle, and a keyboard. The passenger cop types in licence plates and looks at the details, including the details of the owner.

If it's in the name of an unlicenced rider then you'll turn on the lights and pull the moped over.

Kids are regularly riding mopeds unlicenced. Cops know this, so will likely check you if it's late at night and they've got nothing else to do.
 
  • Like
Reactions: Riddler

Riddler

Active Member
19 March 2016
8
0
31
Not insured if you crash. Because you're under 18 your parents will have to cover it.



Have a look inside a modern police car. You'll see an LCD in the middle, and a keyboard. The passenger cop types in licence plates and looks at the details, including the details of the owner.

If it's in the name of an unlicenced rider then you'll turn on the lights and pull the moped over.

Kids are regularly riding mopeds unlicenced. Cops know this, so will likely check you if it's late at night and they've got nothing else to do.


Thanks for the response. The moped is licenced to my dad and he prefers me to use the moped and risk the pullover. What are the charges I could be presented with in court? Any jail time?

Thanks
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Depends on what else you do and any prior convictions. Straight unlicensed driving and first offence is not going to result in goal. If you are also caught speeding, riding carelessly, riding without a helmet etc, all increase penalties.

Be aware sentencing can result in you being unable to obtain your licence immediately after you turn of age if they also impose a suspended licence condition. If you are thinking of a job that requires a licence (eg tradie), you may be putting future job prospects out of reach for an extra year or 2 if you cannot get a valid licence.
 

Riddler

Active Member
19 March 2016
8
0
31
Depends on what else you do and any prior convictions. Straight unlicensed driving and first offence is not going to result in goal. If you are also caught speeding, riding carelessly, riding without a helmet etc, all increase penalties.

Be aware sentencing can result in you being unable to obtain your licence immediately after you turn of age if they also impose a suspended licence condition. If you are thinking of a job that requires a licence (eg tradie), you may be putting future job prospects out of reach for an extra year or 2 if you cannot get a valid licence.

Would I attend a court session and be convicted? Would it show when I apply for a job? Always make sure to stay 5km under the limit just to be safe and always with a helmet.

Thanks for the help
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
Yes it could impact on your capacity to get some employment and if you have an accident it could have some serious long-term consequences for you and your dad...
 

Riddler

Active Member
19 March 2016
8
0
31
Yes it could impact on your capacity to get some employment and if you have an accident it could have some serious long-term consequences for you and your dad...
What do you think would be the best course of action if I do get pulled over or stopped at an RBT?
 

Phildo

Well-Known Member
1 November 2014
46
2
124
What do you think would be the best course of action IF I do get pulled over or stopped at an RBT?

Hold both hands in front of you.

The cops are less likely to put the handcuffs on too tight if you make it easy for them.

Try not to get beaten up in the holding cell by the guy who's smashed on drugs and booze.
 

Riddler

Active Member
19 March 2016
8
0
31
Hold both hands in front of you.

The cops are less likely to put the handcuffs on too tight if you make it easy for them.

Try not to get beaten up in the holding cell by the guy who's smashed on drugs and booze.
Nice... But seriously would they bring me in or issue a fine?