The Law Handbook 2024

Chapter 6.8: Driving offences 649 should be lodged within 28 days of the issue of the infringement notice; otherwise, the penalty in the infringement notice automatically applies. An objection notice must be lodged at the address mentioned in the infringement notice. Lodging an objection ensures the matter is heard in court. This applies regardless of whether or not the driver pleads guilty. Those who are guilty may wish to have their matter heard in court to try to minimise the penalty (i.e. to avoid losing their licence or to obtain a lower fine). However, automatic penalties usually apply for drink- driving, drug-driving, speeding and traffic offences. Infringement notice withdrawal A driver who has not received an infringement notice for at least two years, and who has received an infringement notice for a minor traffic offence (e.g. speeding less than 10 km per hour ( kph ) over the speed limit), can have the charges withdrawn and replaced with an official warning. Drivers who have charges replaced with a warning are not eligible to have future offences withdrawn for at least two years. To ask for charges to be withdrawn and replaced with a warning, write to Fines Victoria (see ‘Contacts’ at the end of this chapter). Penalty enforcement VicRoads can suspend a driver licence and their car’s registration if they have not paid their traffic infringements (see ‘3 Court powers to cancel or suspenddriver licences andpermits’, below). For details of the enforcement of payment for infringement notices through the Infringements Court system, see Chapter 3.1: Fines and infringements. 2 VicRoads’ licence and permit powers Demerit points system VicRoads records demerit points against driver licences for driving offences (between 1 and 10 points can be recorded for each offence). The number of demerit points a driver accrues for certain offences is listed in schedule 3 of the Drivers Regulations. See the ‘Demerit points incurred for common offences’ table, below. Drivers who accrue a certain number of demerit points have their licence or permit suspended (the number of points accrued before a suspension occurs depends on the type of licence or permit held). Demerit points are incurred on the date of the offence, not the date of the court hearing (if any). Full licence holders, probationary drivers, and learner permit drivers who incur 12 or more demerit points in a three-year period may have their driver licence suspended for three months. The suspension may be extended by one month for every four demerit points incurred over 12 (s 41 Road Safety Act). If probationary drivers incur five or more demerit points in any 12-month period, they may have their driver licence suspended for three months. The suspension may be extended by one month for every four demerit points incurred over five (s 41). Demerit points incurred for common offences Offence Demerit points Red-light offences 3 Careless driving 3 Use of mobile phone while driving 4 Failure to display P-plates 3 Failure to wear a seatbelt or helmet 3 10 to 25 kph over the speed limit 3 Less than 10 kph hour over the speed limit 1 Excessive speed offences Drivers who are caught speeding in excess of 25 kph over the speed limit are no longer penalised with loss of demerit points but are now subject to mandatory licence suspension in accordance with the speed (ss 28, 89D Road Safety Act). (See ‘Speeding offences’, below.) Option notice All drivers who incur the maximum number of demerit points are sent a notice that gives the driver two choices. The driver can: 1 accept the licence suspension, which will commence at a time specified in the notice; or 2 request VicRoads to not suspend their licence or permit for 12 months. If any points are incurred within this 12-month period, the suspension increases the initial penalty (i.e. a suspension of at least six months, with an additional two months per four demerit points accrued over 12 demerit points) (ss 36(1)(a), 40 Road Safety Act).