Cars are a big part of everyday life in Australia. Whether it’s driving to work, dropping the kids at school, or hitting the road for a weekend getaway, most of us can’t imagine life without them. But did you know that using a car in the wrong way—even if you don’t own it—can land you in serious legal trouble?

That’s where the offence of unlawful use of a motor vehicle comes in. It’s one of those charges you often hear about in the news, usually linked to stolen cars or joyriding. But in reality, the law around it is more complex than most people realise.

So, what exactly does unlawful use mean? What are the penalties? And what should you do if you—or someone you know—gets charged with it? Let’s break it down in plain English.

What Is Unlawful Use of a Motor Vehicle?

In simple terms, this offence covers situations where someone uses a car, motorcycle, truck, or any other type of motor vehicle without the owner’s consent.

Some common scenarios include:

• Taking someone’s car without asking (even if you planned to give it back).
• “Borrowing” a mate’s car when they didn’t actually say yes.
• Being a passenger in a stolen car (yes, this can get you charged too).
• Using a vehicle in a way that goes beyond what the owner allowed.

In Queensland, for example, the law is covered under Section 408A of the Criminal Code, which makes it illegal to unlawfully use or be in charge of a motor vehicle. The maximum penalty? Up to 7 years in prison—and in some cases, up to 14 years if aggravating factors apply (like dangerous driving or repeat offending).

For the technical breakdown, the Queensland Criminal Code sets out the specifics.

How Is This Different from Car Theft?

Good question. A lot of people assume “unlawful use” just means stealing a car—but the law actually treats them slightly differently.

• Car theft (stealing): When someone takes a vehicle with the intent to permanently deprive the owner of it.
• Unlawful use: When someone uses the vehicle without consent, even if they don’t plan on keeping it forever.

For example, if someone “borrows” a car without permission for a joyride, that’s unlawful use—not theft. But legally, both are treated as very serious offences.

Common Situations That Lead to Charges

You might be surprised at how easy it is for this offence to crop up. Here are some real-world examples:

1. Joyriding teenagers – Taking Mum or Dad’s car keys at night without asking.
2. Friends misunderstanding consent – “He said I could use his ute… didn’t he?”
3. Passengers in stolen vehicles – If you know the car is stolen, you can be charged just for being in it.
4. Work vehicles– Using a company vehicle outside of authorised purposes.
5. Relationship breakdowns – Driving an ex-partner’s car without consent, even if you’ve used it before.

It’s not just about “car thieves”—it can happen to ordinary people who didn’t fully understand the legal boundaries.

Penalties for Unlawful Use of a Motor Vehicle

The penalties depend on the circumstances, but make no mistake—this is not a “minor” offence. Courts treat it very seriously.

Possible penalties include:

• Fines (thousands of dollars, depending on the case).
• Community service or probation.
• Suspended sentences.
• Imprisonment (up to 7 years, or 14 years with aggravating factors).

Aggravating factors include:

• If violence, threats, or weapons were involved.
• If the vehicle was damaged or destroyed.
• If the vehicle was used in another crime.
• If the offender is a repeat offender.

The Queensland Sentencing Advisory Council notes that unlawful use offences are particularly common among young offenders, which is why the law tries to balance punishment with rehabilitation.

Defences to This Charge

Being charged doesn’t automatically mean you’re guilty. There are several potential defences, depending on the case.

Common defences include:

• Consent: If the vehicle owner actually did give you permission.
• Honest and reasonable mistake: If you genuinely believed you had the right to use the vehicle.
• Lack of knowledge (for passengers): If you didn’t know the car was stolen or unlawfully taken.
• Identity issues: If it can’t be proven you were the one using the vehicle.

This is where having an experienced criminal lawyer really matters. Rana Lawyers are specialists in handling traffic and criminal law cases like these. They know how to challenge evidence, question police procedures, and put forward the strongest defence possible.

Why Legal Help Is Essential

Even if the situation seems “straightforward,” unlawful use charges can spiral into serious consequences—prison time, a criminal record, and long-term impacts on employment, travel, and family life.

Here’s why having the right lawyer matters:

• They can negotiate with prosecutors to reduce charges.
• They’ll explain your options clearly (no legal jargon).
• They know how to highlight mitigating circumstances.
• They’ll fight to minimise the penalty or even have the case dismissed.

As the Law Council of Australia points out, access to legal representation is critical to ensuring fairness in the justice system.

FAQs About Unlawful Use of a Motor Vehicle

Can you get charged if you were just a passenger?

Yes, if you knew the car was unlawfully taken. If you didn’t know, that can be a defence.

What’s the difference between joyriding and unlawful use?

Legally, they’re the same thing. “Joyriding” is just the casual term for it.

Can a first offence still mean jail time?

Potentially, yes—but courts often consider alternatives like probation or community service, especially for first-time or young offenders.

Do police need proof of intent?

For unlawful use, intent to permanently keep the car isn’t required—just proof you used it without consent.

Will this stay on my record?

Yes, if convicted, it will appear on your criminal record and could affect future opportunities.

Final Thoughts

The offence of unlawful use of a motor vehicle isn’t something to take lightly. Even if it started out as “borrowing a car” or “just going for a drive,” the law sees it as a serious breach. Penalties can be harsh, and the long-term impacts of a conviction can follow you for years.

If you or someone you know has been charged, don’t try to face it alone. Expert legal guidance can make a massive difference in how the case plays out.

At Rana Lawyers, our team has deep experience in handling traffic and criminal law matters. We know the stress that comes with these charges, and we’re here to fight for the best possible outcome. From reducing penalties to challenging the evidence entirely, we’ll stand by you every step of the way.