The Law Handbook 2024

647 6.8 Driving offences NOTE The law in this chapter is current as at 1 September 2023. Introduction This chapter deals with common driving offences and penalties that people who drive in Victoria should be familiar with. Unless otherwise mentioned, the term ‘motor vehicle’ refers to both a motorbike and a motor car. The word ‘driver’ refers to both a motorcyclist and a car driver. All common minor traffic offences are referred to as ‘road rules offences’. NOTES From 1 July 2023 to 30 June 2024, the value of one penalty unit ( pu ) is $192.31 under Victorian state law. For more information, see ‘A note about penalty units’ at the start of this book. Legislation Road Safety Act The law relating to driving offences in Victoria is complex and subject to constant change. The Road Safety Act 1986 (Vic) (‘ Road Safety Act ’), the major piece of legislation governing road law in Victoria, is constantly being reviewed. Amendments to the Road Safety Act tend to introduce tougher conditions and penalties for drivers. For example, under the Road Safety and Other Legislation Amendment Act 2020 (Vic) (‘ 2020 Act ’), drivers have their driver licence immediately suspended if they are caught speeding excessively (for more information, see ‘Immediate licence suspension for speeding’, below). The Road Safety (Amendment) Act 2022 (Vic) (‘ 2022 Act ’) provides new detection procedures and how courts will deal with these in relation to seat belt offences and mobile phone detection (see ‘Seat belt and mobile phone offences’, below). The 2022 Act has also introduced immediate licence suspension penalties for failure to stop after an accident, but these are only applicable in accidents that result in death or serious injury (see ‘Failure to stop after an accident’, below). NOTE In this chapter, the references to legislation are to the Road Safety Act, unless otherwise stated. Transport Legislation Amendment Act 2023 The Transport Legislation Amendment Act 2023 (Vic) provides for minor amendments to the Road Safety Act. It also provides for trials to investigate how medicinal cannabis users can drive safely. Criminal Procedure Act Provisions relating to driving offences are also in the Criminal Procedure Act 2009 (Vic) (‘ CP Act ’). Types of driver licences Overview VicRoads may grant a driver licence to any qualified person over 18 years old (s 19 Road Safety Act). The driver licence authorises the person to drive any category of motor vehicle referred to in the licence (e.g. a car or motorcycle). The two types of licences: 1 a probationary licence, and 2 a full licence. In addition, learner drivers are issued with a learners permit and are subject to additional conditions. Probationary licences There are two types of probationary licences: Contributors: Peter Lynch, Barrister & Solicitor, and Madeleine Lynch, Solicitor, Fitzroy Legal Service