NSW Driving a Moped Without a Drivers Licence - Consequences?

[Phildo]

Nice... But seriously would they bring me in or issue a fine?

Years ago, you would get told to park the bike and walk.

These days.. the vehicle gets impounded and the person arrested.

That's the usual outcome, although it might be different for someone who is under 18.

I can't see them issuing a fine.

State governments got very serious about the whole unlicenced driver/unlicenced vehicle thing in the mid to late 2000s.

I'm not a lawyer, so I'm speculating. I would have thought that it would likely be an arrest, and very much most likely vehicle impounding.

Call the cops and find out. Ask what laws you would be breaking, download the legislation from the relevant government web site and read into it.

In WA, it's the State Law Publisher - State Law Publisher - Western Australia As you're in NSW it will be a different web site (ie similar).

 

[Riddler]

Years ago, you would get told to park the bike and walk.

These days.. the vehicle gets impounded and the person arrested.

That's the usual outcome, although it might be different for someone who is under 18.

I can't see them issuing a fine.

State governments got very serious about the whole unlicenced driver/unlicenced vehicle thing in the mid to late 2000s.

I'm not a lawyer, so I'm speculating. I would have thought that it would likely be an arrest, and very much most likely vehicle impounding.

Call the cops and find out. Ask what laws you would be breaking, download the legislation from the relevant government web site and read into it.

In WA, it's the State Law Publisher - State Law Publisher - Western Australia As you're in NSW it will be a different web site (ie similar).

Thanks for the help

 

[sammy01]

I'd strongly encourage you to try to outrun them. You will fail, but that way they can confiscate the bike as well.

If you get pulled over unlicenced, you will have to face court. The cops will almost certainly drag you to the cop shop and you're dad will have to pick you up. Why? Well, you're unlikely to carry any photo identification, so they will drag you to the cop shop in the back of a paddy wagon until someone can come and identify you and accept responsibility.

Have a look at the NSW legislation about riding a push-bike. They are some of the strictest laws around bike riding in the country. So If you can get in so much trouble for breaking the law on a pushbike - (which at least is legal for you to ride) what do you think is gonna happen if you're caught on a motorbike? And it is a motorbike - that is the licencing regulation and the classification of a moped.

So to summarise, you have no concern for legal road users. Yes I know, you're the one who's going to get hurt if you hit a car. Well, what if you hit a pedestrian, or better yet, what if your head goes through a windscreen of a car? Well, what of the trauma that causes the driver? Oh, and they can't get compensation / or medical assistance to help them overcome that grief because you're not insured.

Legally there is no difference between your dad letting you ride the moped or driving a car. He will be held responsible for any damage you cause and he is too complacent to realise.

 

[sammy01]

Mate, I have not had a fine in 15 years. I also ride a bicycle - so I've copped a fair bit of abuse from fools. But I was thinking about you.

Now - most accidents happen close to home. Where Car Accidents Happen Most

And if you get hit by a drunk driver and wind up in a wheelchair, the fact that you were only 50metres from home won't matter.


The one rule you asked about and the one you need to understand is this - you are not licenced. It is illegal. I'm not the first one to explain this but it has not sunk in.

BTW to get a bike licence, you need more than just sit a test. You have to do a course. WHY? Well the mortality rates for motor-cyclists is a concern.

So I hope you don't have an accident. But if you do I hope it is after you get a licence and insurance, so, at least, you'll get a compo payment so you can get a personal carer to push your wheel chair around.

But let's look worst case scenario - Skye’s Law | Police Pursuit NSW

You run from the cops - you take out a baby in a pram. You're guilty under "Skye's Law". You will go to jail.

So my opinion - get on a push bike. For the sake of 3km, it ain't worth the risk.

Now since you've taken an interest in the law - start riding a push bike and when you're older get a licence. Then ride your moped to university and become a solicitor. But if you get caught on that moped between now and when you get a licence, you will get a criminal conviction and you will not become a solicitor.

But I hope my recommendation sticks. I'd really hate to read in the newspaper anytime soon about an underaged, unlicenced rider dying. I really would.

 

[Riddler]

Fair enough. I might just take that recommendation.

 

[sammy01]

Murphy's law. "whatever can go wrong, will go wrong."

Look it up. And in a few years, when you graduate from law, look me up. Might even come to the grad ceremony.

Honestly, the risk vs consequence equation is worth thinking about. Yep low risk and even if you're a great rider but someone pulls out in-front of you and you go over the handle bars, you will go to hospital, then to the cop shop.

Cheers

 

[Phildo]

What would probably happen:

- The bike will get confiscated. Here in WA, it costs around $1,000 to get a vehicle back.
- The rider will get arrested. Being under 18, he'll have to appear before a children's court. He will be convicted of a traffic offence.

That traffic offence may or may not delay qualifying to get an actual driver's licence. Once he gets a licence, he will probably not qualify for any insurance, due to his previous record.

Insurance companies generally look at driving records for the last five years before granting insurance, so he would be well into his 20s before being able to legitimately insure a vehicle.

He keeps carrying on about it only being 3km. Damn, he's too lazy to ride a pushbike 3km?

Heck, back in my day we had to carry the damn pushbike for the entire 93km trip to school each way, because the snow and storms were so heavy that we couldn't even ride the damn pushbike.

What happened to every kid's dream of having an awesome BMX bike? Didn't anyone watch BMX Bandits?

Kid: Suck it up. It's 3km. Ride a pushbike. It's not the end of the world. If the cops catch you on a moped then you lose the bike and spend a few hours in a jail cell, until your parents turn up.

The problem is that every other kid also wants to ride around on a moped, or some other motorbike (e.g. pitbike). The laws changed years ago, and cops got serious about it.

 

[sammy01]

Phildo - Too bloody right, I had to ride 93km to school too - up hill - both ways - in the snow - in 40 degree heat. By the time I got home from school, all I had time to do was complete my homework before beginning the ride back to school. But we didn't complain...

Riddler - funnily enough every time I come to this site, I get an add for a Suzuki scooter for only $3000. Bargin. Might go get my licence.

 

[Clancy]

In NSW, your entitled to ride a power-assisted pedal cycle with the electric motor up to 200 watts and it does not need to be registered and you do not need a license. The idea is that the main source of propulsion is still your own pedal power.

I did not observe that any kind of internal combustion engine is allowed.

 

[Clancy]

Oh sorry, I forgot to paste the link... http://www.rms.nsw.gov.au/documents...vsi-27-mopeds-power-assisted-pedal-cycles.pdf