Lost your physical driver's licence? You might be susceptible to a fine if you decide to drive. Here is a state-by-state guide on whether you need to carry your licence while driving.
05:46 29 July 2024If you're someone who is consistently losing your wallet, you might be tempted to drive without having your driver's licence on you.
However, not carrying your physical licence can land you a fine if you are pulled over and are asked to produce your licence.
We go state by state to discover if driving without your physical licence on you is illegal.
If you are driving interstate and have a digital licence, it is a good idea to carry your physical licence with you, too.
Because licensing is state-regulated, getting pulled over by the police in another state and only producing a digital licence may land you with a fine, depending on the state you are travelling to.
In New South Wales, it is illegal to drive without your licence on you. You should, at the very least, have your digital driver's licence readily available if a police officer asks you to provide your ID.
According to section 300-5 of the NSW Road Rules 2014, "A driver of a motor vehicle must not drive the vehicle unless the driver is carrying his or her driver licence."
The maximum fine for this is 20 penalty units, which is $2200, although it will likely be a one penalty unit fine of $110.
However, NSW has rolled out digital licences that allow you to show a form of ID through your ServiceNSW app. NSW Police accept this, but you should only show it after being asked; otherwise, you could be up for a 'using phone while driving' fine.
ServiceNSW offers the following advice, "The NSW Digital Driver Licence is legal for use across NSW and is accepted by most pubs and clubs, and NSW Police. It doesn't replace your plastic card, so we recommend you still carry your card as a backup while venues get used to seeing and accepting the digital driver licence as identification."
Unlike other states in Australia, Victoria only mentions that "some people" will need to carry their licence while driving.
VicRoads also has a digital licence scheme which is accepted as a form of ID when being pulled over, but this is only accessible for fully-licensed drivers.
According to VicRoads: "Some people are legally required to always carry their driver licence and/or learner permit when driving or in charge of a motor vehicle in Victoria. These drivers must be able to produce their licence and/or permit at the request of Victoria Police or an enforcement officer."
People who need to carry their licence while they drive:
However, you must always carry some form of ID while driving even if you are outside the requirements listed above.
Failure to produce a physical licence if you are in the parameters above, or any form of ID if you are outside of the parameters, after getting pulled over will result in a minimum fine of $115.
If you are a learner or provisional driver in Queensland, under the Police Powers and Responsibilities Act 2000 section 58, you must have your licence on you at all times while driving.
Transport Queensland says: "If you are a provisional or learner licence holder, you must carry your licence with you when you are driving and show it to a police officer if asked. However, if you hold an open licence and are driving a car or riding a motorcycle, you may be given 48 hours to present your licence at a police station."
Transport Queensland also rolled out its digital licensing scheme in late 2023, which is accepted. This means you have a backup if you forget your licence at home, although it is a good idea to always carry your physical licence with you.
Failure to produce a licence will result in a fine under the Police Powers and Responsibilities Act 2000 section 791, "Offence to contravene direction or requirement of a police officer."
The maximum amount of penalty units is 40, but you will likely receive one penalty unit with a fine of $161.30.
You must always carry your physical licence with you while operating a motor vehicle in the Australian Capital Territory as per section 58 of the Road Transport Act 1999.
This section specifically notes that a driver must produce their driver's licence when asked by a police officer. Because the ACT does not have a digital licensing scheme, you must always carry your physical licence with you.
The maximum penalty for not producing your licence is 20 penalty points, but you will likely incur one unit, which is $160.
It is illegal to drive a vehicle without your licence in South Australia. Failure to produce your licence when requested can result in a large fine.
As per section 96 of the Motor Vehicles Act 1959, "The driver of a motor vehicle, if requested by a police officer to produce the driver's licence or learner's permit, must produce the licence or learner's permit either – forthwith to the police officer who made the request; or within 48 hours after the making of the request, at a police station conveniently located for the driver, specified by the police officer at the time of making the request."
You are susceptible to a maximum fine of $1250 if you fail to produce your licence.
Although South Australia does have a digital licence scheme, which is accepted as a form of identification when pulled over by a police officer, it is always a good idea to have your physical licence on you.
You must carry your licence when you drive in Western Australia otherwise you may be hit with a large fine. But, you are given a grace period to produce your licence at the police station after being requested.
As per section 53 (2) of the Road Traffic Act 1974, "Any driver of a vehicle who, when required by any member of the Police Force, does not produce his driver's licence on demand, commits an offence against this Act and shall be liable to a penalty not exceeding 4 PU (Penalty Unit), but it shall not be an offence if the driver subsequently produces the licence, within a reasonable time after demand, to the Director General or to the officer-in-charge of any police station."
A "reasonable time after demand" is not specified, so it is a good idea to be prompt to produce your licence.
The maximum fine is four penalty units, which is $200.
It is illegal to drive a vehicle without your licence on you in the Northern Territory, failure to produce your licence when requested can result in a large fine.
As per section 113 (1) of the Motor Vehicles Act 1949, "The driver of a motor vehicle must produce his or her licence to the Registrar, an inspector or police officer for inspection immediately after the Registrar, inspector or officer requests him or her to do so."
This can result in a maximum penalty of 20 units. However, you will likely receive one unit, which is a fine of $185.
It is illegal to drive a vehicle without your licence on you in Tasmania, failure to produce your licence when requested can result in a fine.
As covered under section 46A(1) of the Vehicle and Transport act 1999 it is a $97.50 fine for "Fail to carry and produce Australian driver licence while driving, or in charge of, a motor vehicle on a public street or instructing a person learning to drive a motor vehicle on a public street."
However, this bumped up to $243.75 if you are a learner or provisional driver.
