The Law Handbook 2024

652 Section 6: Houses, communities and the road Licence disqualification periods for speeding Speed of the vehicle Minimum period of licence disqualification Exceeding speed limit by 25 kph or more but less than 35 kph 3 months Exceeding speed limit by 35 kph or more but less than 45 kph 6 months Exceeding speed limit by 45 kph or more 12 months Any speed of 130 kph or more that is not covered above 3 months Any driver found guilty of driving 130 kph or more will lose their licence, irrespective of how far over the speed limit they were driving (this applies to driving 130 kph in a 110 kph zone). If a driver is found guilty of speeding less than 25 kph over the speed limit, they may be subject to an infringement notice, a fine and demerit points. It is possible for full licence holders with recent good driving records charged with minor speeding offences to apply to Fines Victoria for a warning to replace their fine for an infringement speeding offence (see ‘Infringement notice withdrawal’, above). Immediate licence suspension for speeding Drivers detected by police intercept cameras (not speed cameras) speeding 45 kph or more over the speed limit, or 145 kph or more in a 110 kph zone, will have their driver licence immediately suspended via a police notice (s 85F, 85G Road Safety Act). Drivers have a right to appeal these suspension notices in the Magistrates’ Court, but an appeal will only be granted in exceptional circumstances (s 85T). Drink-driving offences Part 5 of the Road Safety Act contains seven types of drink-driving offences: 1 driving or being in charge of a motor vehicle under the influence (s 49(1)(a)); 2 driving or being in charge of a motor vehicle while the BAC exceeds the prescribed limit (s 49(1)(b)); 3 ‘fail the test’ offences (s 49(1)(f), (g)); 4 refusing a breath test (s 49(1)(c), (d), (e)) or failing to undergo a blood sample in hospital after a motor vehicle accident (s 56); 5 failure to have zero BAC (s 52); 6 accompanying driver offence (s 48(1AA)); and 7 combined drink-driving and drug-driving (s 49(1) b), (c)). 1 Driving under the influence It is an offence to drive a motor vehicle while under the influence of intoxicating alcohol or drugs to such an extent as to be incapable of having proper control of the motor vehicle (s 49(1)(a) Road Safety Act). This offence is known as driving under the influence ( DUI ) and is usually brought against drivers obviously affected by alcohol. Police often bring a DUI charge against drivers who have a very high BAC (e.g. over 0.15 per cent) in addition to laying a charge of exceeding the prescribed limit of BAC. The maximum penalty for a DUI charge is more severe than for other drink-driving offences, both in terms of licence disqualification and in the maximum fine applicable. 2 Driving while BAC exceeds the prescribed limit This offence is where a person is driving or being in charge of a motor vehicle while their BAC exceeds the prescribed limit (s 49(1)(b) Road Safety Act). The prescribed BAC limit is zero for probationary licence holders, learner permit holders and unlicensed drivers (s 52). The prescribed BAC limit for full licence holders is under .05. A drink-driving offence is committed by any driver whose BAC is .05 or over (replacing the old offence of driver’s BAC exceeding .05). The BAC is established by either a blood test or a breath test. 3 ‘Fail the test’ offences It is an offence for a driver – within three hours of driving or being in charge of a motor vehicle – to provide a breath sample (s 49(1)(f) Road Safety Act) or a blood sample (s 49(1)(g)) that exceeds the prescribed BAC. If alcohol is present in the sample, the analyst needs to demonstrate that the alcohol was not due solely to consumption after the driver finished driving. If this occurs, the driver may be charged under section 49(1)(b).