>**Road Safety Act 1986** >[**Section 18 Offence if driver not licensed**]([ROAD SAFETY ACT 1986 - SECT 18 Offence if driver not licensed](https://classic.austlii.edu.au/au/legis/vic/consol_act/rsa1986125/s18.html)) >(1) A person must not drive a motor vehicle on a highway unless the person- >(a) holds a drivers licence or learner permit which authorises the person to drive that category of motor vehicle; or >(b) holds a licence or permit issued in another State, a Territory or another country and is authorised by the regulation to drive that category of motor vehicle; or >(c) is otherwise authorised by the regulations to drive that category of motor vehicle. # Overview This offence is distinct, separate offence from [[26.12 Drive whilst disqualified]]. If the accused holds an *exemption*, Section 72 of the Criminal Procedure Act 2009 applies. The accused must therefore provide evidence that suggests the reasonable possibility of the existence of an *exemption* or *qualification*. # Elements of the offence 1. The accused is correctly *identified* as the alleged offender; and 2. The accused *drove a vehicle* on a *highway*; and 3. The accused was *unlicensed* when he/she drove; and 4. The accused was *not driving in circumstances where he/she was exempt from holding a license*. ## Onus of proof of licence The accused bears the onus of proving that they were appropriately licensed at the time of driving, as was held in Peck v De-Saint-Aromain [1972] VR 230: >S22(1) was repealed and s22C(1) enacted by s7(2) of the Motor Car Act 1963(No. 7073). It was then in terms similar to these now appearing except in regard to penalty. It merely provided for a penalty of not more than 50 pounds or imprisonment for not more than three months. No appropriate amendment was made to s24(2). Mr. Larkins submitted that the sub-section made it an offence to drive a motor car upon a highway; that the words "unless he is the holder of a licence to drive a motor car" created an exception or exemption of which no proof was required on the part of the informant: S219 of the Justices Act1958. It would follow that this exception or exemption need not be negatived in the Information (ibid.). Where a person's Victorian licence/permit is *suspended* or *cancelled* but that person has a licence outside of Victoria, pursuant to Section 18A of the Road Safety Act 1986, that person has no authority to drive a motor vehicle.