The Law Handbook 2024

650 Section 6: Houses, communities and the road VicRoads’ powers to vary, suspend and cancel licences VicRoads can vary, suspend and cancel driver licences and permits. VicRoads can vary a driver licence or permit by excluding categories of vehicles that can be driven or by varying the conditions by which the driver licence or permit is held (s 24(1)(c) Road Safety Act). VicRoads must suspend driver licences when drivers have been ordered to complete safe driving courses for various ‘hoon driving’ offences and have failed to do so (s 84BN). The licence remains suspended until the driver provides proof to VicRoads that they have completed the safe driving program (s 84BN). VicRoads must suspend a driver licence or permit if it is satisfied that the driver is disqualified from driving in another state or territory (reg 81(2) Drivers Regulations). Drivers cannot evade licence suspension and cancellation by driving in Victoria using an interstate or overseas licence. In fact, licence suspension or cancellation, whether by the Victorian courts or by VicRoads, means that the person cannot drive in Victoria for the period of the licence disqualification, even if an interstate or overseas licence is held. VicRoads can cancel or suspend the driver licences or permits of people who have not paid fines, court- ordered costs or restitution in connection with offences relating to driving a motor vehicle (or who have failed to come to a suitable arrangement with VicRoads) (reg 81). This provision applies to traffic fines, parking fines, and to fines for offences such as theft of a motor vehicle. VicRoads must give a driver 28 days’ notice that they plan to suspend their licence. VicRoads may suspend, cancel or vary a driver licence or permit in certain other circumstances (e.g. due to illness, it is dangerous for the person to drive (regs 79, 80)). VicRoads’ powers to suspend car registrations The Director of Fines Victoria can direct VicRoads to suspend the car registration (and the driver licence) of drivers who fail to pay infringement warrants issued for failure to pay infringement notices (ss 9AA, 24(1A) Road Safety Act). This suspension finishes if appropriate arrangements are made to pay the outstanding fine or to otherwise comply with other requirements regarding payment (ss 9AB, 24(1B)). 3 Court powers to cancel or suspend driver licences and permits Overview For more serious traffic offences, the driver may be issued with a summons, or a Notice to Appear, or they may be arrested. These options lead to the involvement of the courts. Courts have both specific and general powers to suspend licences. Certain driving offences result in automatic licence cancellation or suspension (e.g. drink-driving and speeding). For other driving offences, magistrates have the discretion to suspend or cancel driver licences. Magistrates also have general powers to suspend or cancel driver licences for offences connected with driving (s 28 Road Safety Act). Courts may also cancel licences for certain Crimes Act 1958 (Vic) offences (see s 89, 89A Sentencing Act 1991 (Vic) and Chapter 1.3: Sentencing in the Magistrates’ Court). Summons (charge with summons) The police may decide to deal with a traffic offence by issuing a summons that is similar to that used for ordinary criminal offences. This summons (called a ‘charge with summons’) can be served on the defendant in person or by post. If a defendant fails to attend court in answer to the summons, the alleged traffic offence may be heard without the defendant being present (an ex parte hearing). This is because nearly all traffic offences are summary offences (able to be heard by a magistrate alone, rather than by a judge and jury), and as such do not require the consent of the defendant before the hearing of the offence proceeds. If the traffic offence allegation is serious (e.g. driving while disqualified or a second drink- driving offence), the magistrate may think that imprisonment is an appropriate penalty. If this occurs, instead of proceeding to an ex parte hearing, the hearing may be adjourned and a warrant may be issued for the absent driver’s arrest. This is because