The Law Handbook 2024

Chapter 6.8: Driving offences 657 (see ‘Driving while disqualified or suspended’, above). Unlicensed driving is when a person drives on a public road without holding a driver licence or permit, or in breach of any condition of their driver licence or permit (s 18(1) Road Safety Act). A driver with an interstate licence who cont­ inuously lives in Victoria for three months or more must obtain a Victorian driver licence or face a possible charge of unlicensed driving (reg 221(2) Drivers Regulations). If a driver is convicted of unlicensed driving or driving in breach of a licence or permit condition, the maximum penalty is 60 pu or six months’ imprisonment (s 18(1A) Road Safety Act). If the driver can demonstrate to the court that their licence was not disqualified, the penalty decreases to a maximum fine of 20 pu or one month imprisonment (s 18(2)). However, if the court is satisfied that the licence was disqualified at the time of driving and an alcohol-interlock order would have applied, the maximum fine increases to 240 pu or two years’ imprisonment (s 18(3)). These drivers may also be subject to vehicle immobilisation orders for up to 12 months (s 18(4)). Allowing others to drive while unlicensed It is an offence for an employer to employ or engage an unlicensed driver to drive a motor vehicle (s 32(1) Road Safety Act). A defence to this charge is if the employer made reasonable enquiries and believed on reasonable grounds that the driver was authorised to drive (s 32(2)). The maximum penalty for this offence is a fine of 20 pu. Dangerous driving There are two actions that may constitute a dangerous driving offence: 1 driving at a speed dangerous to the public; or 2 driving in a manner dangerous to the public (s 64(1) Road Safety Act). A driver found guilty of dangerous driving faces automatic licence or permit cancellation, and disqualification from obtaining a licence for at least six months. Also, if the speed alleged is 45 kph or more over the speed limit, the minimum cancellation period is 12 months (s 64(2)). A magistrate may also order a fine of up to 240 pu or two years’ imprisonment (s 64(2)). Courts may substitute a charge of dangerous driving for the lesser charge of careless driving, for which the offender does not automatically lose their licence (s 64(3)). Careless driving Careless driving is a common charge and is often brought by police against a driver involved in a minor accident (e.g. running into the rear of another car). The Magistrates’ Court interprets this charge widely as involving any situation where a driver fails to exercise a degree of care and attention that a reasonable driver should exercise in normal circumstances. If a driver is found guilty of careless driving, they have to pay a fine of up to 6 pu for a first offence and up to 12 pu for a second and subsequent offence and three demerit points are listed against their licence. Seatbelt and mobile phone offences There are quite common driving offences that incur demerit points: seatbelt and mobile phone offences. New technology will detect these offences (similar to speed camera offence detection). If a penalty notice or charge is brought against a driver regarding these offences, then the road safety document will be presumptive proof of the offence (new s 80B, D). Drivers wishing to challenge these offences must give 28 days notice to the police (and the court if applicable) (s 84AB). Failure to stop after an accident Drivers who fail to comply with their duties under section 61 of the Road Safety Act may risk immediate licence suspension. However, this only applies if a person has died or suffered serious injury and the police believe the driver is an unacceptable risk to drive until the charge is heard (s 851A). Other offences requiring licence disqualification Under the Road Safety Act, there is: • an offence of entering a level rail or tram crossing while the lights are flashing or when it